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#include "head.wmi" TITLE="Response template for Tor relay operator to ISP"
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<h2>Response template for Tor relay maintainer to ISP</h2>
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<p>Written by the Electronic Frontier
Foundation (<a href="http://www.eff.org/">EFF</a>). Last updated 19 Feb 2005.</p>
<p>Note to Tor relay operators: In this litigous era, anyone
providing routing services may face copyright complaints under the
Digital Millennium Copyright Act. Thankfully, the DMCA safe harbors
provide immunity from many of them -- both to you and to your
upstream provider. If your Internet host forwards a DMCA complaint
to you, here's a template you can use to write a response. You can
tailor this to your own circumstances: if you think your host would
be disturbed to hear you're running a relay on the network, you may
want to take that part out. Of course it's up to you to comply with
your ISP's terms of service. If you're not comfortable including so
much legal explanation, feel free to invite the ISP to contact EFF
for a fuller discussion.</p>
<p>This template letter is for informational purposes only and does not
constitute legal advice. Whether and how you should respond when you or
your ISP has received a DMCA notice will turn on the particular facts
of your situation. This template is intended as a starting point. Before
sending any response to your ISP, you may want to seek the advice of an
attorney licensed to practice in your jurisdiction.</p>
<p>Also, if you received this document from anywhere besides <a
href="https://torproject.org/eff/tor-dmca-response.html">https://www.torproject.org/eff/tor-dmca-response.html</a>,
it may be out of date. Follow the link to get the latest version.</p>
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<p>Dear [ISP]:</p>
<p>Thank you for forwarding me the notice you received from [copyright
claimant] regarding [content]. I would like to assure you that,
contrary to the assertions in the notice, 1) I am not hosting or
making available the claimed infringing materials, and 2) you are
already protected by the Digital Millennium Copyright Act's ("DMCA")
safe harbor from any liability arising from this complaint. The
notice is incorrect, probably based upon misunderstandings about law
and about some of the software I run.
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