Browse code

fix the link to RIAA vs. Verizon pdf on eff's site. Thanks to Christian for the notice.

Andrew Lewman authored on 26/11/2012 22:03:28
Showing 1 changed files
... ...
@@ -63,8 +63,8 @@ the DMCA; however, those do not apply when an ISP merely acts as a
63 63
 conduit. Instead, the "conduit" safe harbor of section 512(a) of the
64 64
 DMCA has different and less burdensome eligibility requirements, as the
65 65
 D.C. Circuit Court of Appeals held in RIAA v. Verizon (see <a
66
-href="https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf"
67
-title="https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf">https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf</a>)
66
+href="https://www.eff.org/sites/default/files/filenode/RIAA_v_Verizon/20030121-riaa-v-verizon-order.pdf">
67
+https://www.eff.org/sites/default/files/filenode/RIAA_v_Verizon/20030121-riaa-v-verizon-order.pdf</a>)
68 68
 and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
69 69
 (see <a href="https://w2.eff.org/IP/P2P/Charter/033802P.pdf"
70 70
 title="https://w2.eff.org/IP/P2P/Charter/033802P.pdf">https://w2.eff.org/IP/P2P/Charter/033802P.pdf</a>).</p>
Browse code

fix the odd character encodings.

Andrew Lewman authored on 16/09/2011 04:32:04
Showing 1 changed files
... ...
@@ -14,7 +14,7 @@ href="https://www.eff.org">EFF</a>). Last updated May 31, 2011.</p>
14 14
 <p>Note to Tor relay operators: In this litigious era, anyone providing
15 15
 routing services may face copyright complaints for transmitted content.
16 16
 Fortunately, the Digital Millennium Copyright Act safe harbors should
17
-provide protections from many of them�both to you and to your upstream
17
+provide protections from many of them both to you and to your upstream
18 18
 provider. If your Internet host forwards a DMCA copyright complaint to
19 19
 you, you can use this template to write a response, though you will need
20 20
 to customize it to your situation. Please also ensure all the statements
... ...
@@ -56,7 +56,7 @@ misunderstandings about the law and about some of the software I
56 56
 run.</p>
57 57
 <p>As you know, the DMCA creates four "safe harbors" for service
58 58
 providers to protect them from copyright liability for the acts of their
59
-users, when the ISPs fulfill certain requirements. (17 U.S.C. � 512) The
59
+users, when the ISPs fulfill certain requirements. (17 U.S.C. &sect; 512) The
60 60
 DMCA's requirements vary depending on the ISP's role. You may be
61 61
 familiar with the "notice and takedown" provisions of section 512(c) of
62 62
 the DMCA; however, those do not apply when an ISP merely acts as a
... ...
@@ -80,7 +80,7 @@ free from fear of copyright damages.</p>
80 80
 terminates subscribers who are repeat infringers. The notification you
81 81
 received is certainly not proof of the "repeat infringement" that is
82 82
 required under the law before you need to terminate my account. In fact,
83
-it�s not even proof of any copyright infringement; a notice claiming
83
+it's not even proof of any copyright infringement; a notice claiming
84 84
 infringement is not the same as a determination of infringement. I have
85 85
 not infringed any copyrights and do not intend to do so. Therefore, you
86 86
 should continue to be protected under the DMCA 512(a) safe harbor
Browse code

remove the tor challenge link at the bottom, update the tor-dmca-template to the shiny new one from eff.

Andrew Lewman authored on 16/09/2011 04:26:27
Showing 1 changed files
... ...
@@ -7,123 +7,109 @@
7 7
 
8 8
 <!-- PUT CONTENT AFTER THIS TAG -->
9 9
 
10
-<h2>Response template for Tor relay maintainer to ISP</h2>
10
+<h2>Response template for Tor relay operator to ISP</h2>
11 11
 <hr>
12
-<p>Written by the Electronic Frontier
13
-Foundation (<a href="http://www.eff.org/">EFF</a>). Last updated 19 Feb 2005.</p>
14
-
15
-<p>Note to Tor relay operators:   In this litigous era, anyone
16
-providing routing services may face copyright complaints under the
17
-Digital Millennium Copyright Act. Thankfully, the DMCA safe harbors
18
-provide immunity from many of them -- both to you and to your
19
-upstream provider.  If your Internet host forwards a DMCA complaint
20
-to you, here's a template you can use to write a response.  You can
21
-tailor this to your own circumstances: if you think your host would
22
-be disturbed to hear you're running a relay on the network, you may
23
-want to take that part out.  Of course it's up to you to comply with
24
-your ISP's terms of service.  If you're not comfortable including so
25
-much legal explanation, feel free to invite the ISP to contact EFF
26
-for a fuller discussion.</p>
27
-
12
+<p>Written by the Electronic Frontier Foundation (<a
13
+href="https://www.eff.org">EFF</a>). Last updated May 31, 2011.</p>
14
+<p>Note to Tor relay operators: In this litigious era, anyone providing
15
+routing services may face copyright complaints for transmitted content.
16
+Fortunately, the Digital Millennium Copyright Act safe harbors should
17
+provide protections from many of them�both to you and to your upstream
18
+provider. If your Internet host forwards a DMCA copyright complaint to
19
+you, you can use this template to write a response, though you will need
20
+to customize it to your situation. Please also ensure all the statements
21
+are true for you.  (The Tor Project has an <a
22
+href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/TorAbuseTemplates">abuse
23
+collection of templates</a> to help you respond to other types of abuse
24
+complaints, too.) Before sending any response to your ISP, you may want
25
+to seek the advice of an attorney licensed to practice in your
26
+jurisdiction.</p>
28 27
 <p>This template letter is for informational purposes only and does not
29 28
 constitute legal advice. Whether and how you should respond when you or
30
-your ISP has received a DMCA notice will turn on the particular facts
31
-of your situation. This template is intended as a starting point. Before
32
-sending any response to your ISP, you may want to seek the advice of an
33
-attorney licensed to practice in your jurisdiction.</p>
34
-
35
-<p>Also, if you received this document from anywhere besides <a
36
-href="https://torproject.org/eff/tor-dmca-response.html">https://www.torproject.org/eff/tor-dmca-response.html</a>,
29
+your ISP has received a DMCA notice will turn on the particular facts of
30
+your situation. This template is intended as a starting point, but you
31
+should tailor it to your own circumstances. In addition, it's up to you
32
+to comply with your ISP's terms of service. If you're not comfortable
33
+including so much legal explanation, feel free to invite the ISP to
34
+contact EFF for a fuller discussion. </p>
35
+<p>If you do not believe the safe harbors apply to your particular
36
+situation, don't use this template as a basis for your response.
37
+Specific information about safe harbor qualification for "transitory
38
+digital network communications" is provided on the Chilling Effects
39
+website <a
40
+href="https://www.chillingeffects.org/dmca512/faq.cgi#QID586">here</a>
41
+and also in the template, below.</p>
42
+
43
+<p>Also, if you received this document from anywhere other than the EFF
44
+web site or <a
45
+href="<page eff/tor-dmca-response>"
46
+title="<page eff/tor-dmca-response>"><page eff/tor-dmca-response></a>,
37 47
 it may be out of date. Follow the link to get the latest version.</p>
38
-
39
-<hr>
40
-
41
-<p>Dear [ISP]:</p>
42
-
48
+<blockquote><p>
49
+Dear [ISP]:</p>
43 50
 <p>Thank you for forwarding me the notice you received from [copyright
44
-claimant] regarding [content].  I would like to assure you that,
45
-contrary to the assertions in the notice, 1) I am not hosting or
46
-making available the claimed infringing materials, and 2) you are
47
-already protected by the Digital Millennium Copyright Act's ("DMCA")
48
-safe harbor from any liability arising from this complaint.   The
49
-notice is incorrect, probably based upon misunderstandings about law
50
-and about some of the software I run.
51
-</p>
52
-
53
-<p>
54
-First, in terms of legal liability, this notice does not create any
55
-risk for you as a service provider.  As you know, the DMCA creates
56
-four "safe harbors" for service providers to protect them from
57
-copyright liability for the acts of their users, when the ISPs
58
-fulfill certain requirements. (17 U.S.C. � 512)   The DMCA's
59
-requirements vary depending on the ISP's role.  You may be most
60
-familiar with the "notice and takedown" provisions of DMCA 512(c),
61
-but those apply only to content hosted on your servers, or to linking
62
-and caching activity. The "takedown notice" provisions do not apply
63
-when an ISP merely acts as a conduit.  Instead, the "conduit" safe
64
-harbor of DMCA 512(a) has different and less burdensome requirements,
65
-as the D.C. Circuit Court of Appeals held in RIAA v. Verizon (see
66
-<a href="http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf">http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf</a>)
51
+claimant] regarding [content]. I would like to assure you that I am not
52
+hosting the claimed infringing materials, and furthermore, the Digital
53
+Millennium Copyright Act's ("DMCA") safe harbors likely protect you from
54
+liability arising from this complaint. The notice is likely based upon
55
+misunderstandings about the law and about some of the software I
56
+run.</p>
57
+<p>As you know, the DMCA creates four "safe harbors" for service
58
+providers to protect them from copyright liability for the acts of their
59
+users, when the ISPs fulfill certain requirements. (17 U.S.C. � 512) The
60
+DMCA's requirements vary depending on the ISP's role. You may be
61
+familiar with the "notice and takedown" provisions of section 512(c) of
62
+the DMCA; however, those do not apply when an ISP merely acts as a
63
+conduit. Instead, the "conduit" safe harbor of section 512(a) of the
64
+DMCA has different and less burdensome eligibility requirements, as the
65
+D.C. Circuit Court of Appeals held in RIAA v. Verizon (see <a
66
+href="https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf"
67
+title="https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf">https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf</a>)
67 68
 and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
68
-(see <a href="http://www.eff.org/IP/P2P/Charter/033802P.pdf">http://www.eff.org/IP/P2P/Charter/033802P.pdf</a>).
69
-</p>
70
-
71
-<p>
72
-Here, any content that came from or through my computers merely
73
-passed through your network, so DMCA 512(a) applies.  Under DMCA
74
-512(a), you are immune from money damages for copyright infringement
75
-claims if you maintain "a policy that provides for termination in
76
-appropriate circumstances of subscribers and account holders of the
77
-service provider's system or network who are repeat infringers."  If
78
-you have and implement such a policy, you are free from fear of
79
-copyright damages, period.
80
-</p>
81
-
82
-<p>
83
-As for what makes a reasonable policy, as the law says, it's one that
84
-only terminates subscribers who are repeat infringers. A notice
85
-claiming infringement is not the same as a determination of
86
-infringement. The notification you received is not proof of any
87
-copyright infringement, and it certainly is not proof of the "repeat
88
-infringement" that is required under the law before you need to
89
-terminate my account.  I have not infringed any copyrights and do not
90
-intend to do so.  Therefore, you continue to be protected under the
91
-DMCA 512(a) safe harbor, without taking any further action.
92
-</p>
93
-
94
-<p>
95
-You might be curious, though, about what did trigger the notice.  The
96
-software that likely triggered the faulty notice is a program I run
97
-called Tor.  Tor is network software that helps users to enhance
98
-their privacy, security, and safety online. It does not host or make
99
-available any content.  Rather, it is part of a network of nodes on
100
-the Internet that simply pass packets among themselves before sending
101
-them to their destinations, just as any Internet host does.  The
69
+(see <a href="https://w2.eff.org/IP/P2P/Charter/033802P.pdf"
70
+title="https://w2.eff.org/IP/P2P/Charter/033802P.pdf">https://w2.eff.org/IP/P2P/Charter/033802P.pdf</a>).</p>
71
+<p>Under DMCA 512(a), service providers like you are typically protected
72
+from damages for copyright infringement claims if you also maintain "a
73
+policy that provides for termination in appropriate circumstances of
74
+subscribers and account holders of the service provider's system or
75
+network who are repeat infringers." If you have and implement such a
76
+policy, and you otherwise qualify for the safe harbor, you should be
77
+free from fear of copyright damages.</p>
78
+
79
+<p>As for what makes a reasonable policy, as the law says, it's one that
80
+terminates subscribers who are repeat infringers. The notification you
81
+received is certainly not proof of the "repeat infringement" that is
82
+required under the law before you need to terminate my account. In fact,
83
+it�s not even proof of any copyright infringement; a notice claiming
84
+infringement is not the same as a determination of infringement. I have
85
+not infringed any copyrights and do not intend to do so. Therefore, you
86
+should continue to be protected under the DMCA 512(a) safe harbor
87
+without taking any further action. </p>
88
+<p>You may be curious about what prompted the faulty notice. It was
89
+likely triggered by a program I run called Tor. Tor is network software
90
+that helps users to enhance their privacy, security, and safety online.
91
+It does not host any content. Rather, it is part of a network of nodes
92
+on the Internet that simply pass packets among themselves before sending
93
+them to their destinations, just as any Internet intermediary does. The
102 94
 difference is that Tor tunnels the connections such that no hop can
103 95
 learn both the source and destination of the packets, giving users
104
-protection from nefarious snooping on network traffic.  Tor protects
96
+protection from nefarious snooping on network traffic. The result is
97
+that, unlike most other Internet traffic, the final IP address that the
98
+recipient receives is not the IP address of the sender. Tor protects
105 99
 users against hazards such as harassment, spam, and identity theft.
106
-In fact, initial development of Tor, including deployment of a
107
-public-use Tor network, was a project of the U.S. Naval Research
108
-Laboratory, with funding from ONR and DARPA. (For more on Tor,
109
-see <a
110
-href="https://www.torproject.org/">https://www.torproject.org/</a>.)
111
-As an organization committed to
112
-protecting the privacy of its customers, I hope you'll agree that
113
-this is a valuable technology.
114
-</p>
115
-
116
-<p>
117
-Thank you for working with me on this matter.  As a loyal subscriber,
100
+Initial development of Tor, including deployment of a public-use Tor
101
+network, was a project of the U.S. Naval Research Laboratory, with
102
+funding from ONR and DARPA. (For more on Tor, see <a
103
+href="https://www.torproject.org/"
104
+title="https://www.torproject.org/">https://www.torproject.org/</a>.) I
105
+hope, as an organization committed to protecting the privacy of its
106
+customers, you'll agree that this is a valuable technology. </p>
107
+<p>Thank you for working with me on this matter. As a loyal subscriber,
118 108
 I appreciate your notifying me of this issue and hope that the
119
-complete protections of DMCA 512 put any concerns you may have at
120
-rest. If not, please contact me with any further questions.
121
-</p>
122
-
123
-<p>
124
-Very truly yours,<br>
125
-Your customer, [User]
126
-</p>
109
+protections of DMCA 512 put any concerns you may have to rest. If not,
110
+please contact me with any further questions. </p>
111
+<p>Very truly yours,<br />
112
+Your customer, [User]</p></blockquote>
127 113
 
128 114
 </div><!-- #main -->
129 115
 
Browse code

looks like we never set the keywords either

Roger Dingledine authored on 27/10/2010 12:31:57
Showing 1 changed files
... ...
@@ -1,5 +1,5 @@
1 1
 ## translation metadata
2
-# Revision: $Revision: 12419 $
2
+# Revision: $Revision$
3 3
 
4 4
 #include "head.wmi" TITLE="Response template for Tor relay operator to ISP"
5 5
 
Browse code

We decided to go with HTML in favor of XHTML.

Sebastian Hahn authored on 10/10/2010 03:34:47
Showing 1 changed files
... ...
@@ -8,7 +8,7 @@
8 8
 <!-- PUT CONTENT AFTER THIS TAG -->
9 9
 
10 10
 <h2>Response template for Tor relay maintainer to ISP</h2>
11
-<hr />
11
+<hr>
12 12
 <p>Written by the Electronic Frontier
13 13
 Foundation (<a href="http://www.eff.org/">EFF</a>). Last updated 19 Feb 2005.</p>
14 14
 
... ...
@@ -36,7 +36,7 @@ attorney licensed to practice in your jurisdiction.</p>
36 36
 href="https://torproject.org/eff/tor-dmca-response.html">https://www.torproject.org/eff/tor-dmca-response.html</a>,
37 37
 it may be out of date. Follow the link to get the latest version.</p>
38 38
 
39
-<hr />
39
+<hr>
40 40
 
41 41
 <p>Dear [ISP]:</p>
42 42
 
... ...
@@ -121,7 +121,7 @@ rest. If not, please contact me with any further questions.
121 121
 </p>
122 122
 
123 123
 <p>
124
-Very truly yours,<br />
124
+Very truly yours,<br>
125 125
 Your customer, [User]
126 126
 </p>
127 127
 
Browse code

first cut of the new, shiny tor website as wml.

Andrew Lewman authored on 09/07/2010 03:55:22
Showing 1 changed files
1 1
new file mode 100644
... ...
@@ -0,0 +1,130 @@
1
+## translation metadata
2
+# Revision: $Revision: 12419 $
3
+
4
+#include "head.wmi" TITLE="Response template for Tor relay operator to ISP"
5
+
6
+<div class="main-column">
7
+
8
+<!-- PUT CONTENT AFTER THIS TAG -->
9
+
10
+<h2>Response template for Tor relay maintainer to ISP</h2>
11
+<hr />
12
+<p>Written by the Electronic Frontier
13
+Foundation (<a href="http://www.eff.org/">EFF</a>). Last updated 19 Feb 2005.</p>
14
+
15
+<p>Note to Tor relay operators:   In this litigous era, anyone
16
+providing routing services may face copyright complaints under the
17
+Digital Millennium Copyright Act. Thankfully, the DMCA safe harbors
18
+provide immunity from many of them -- both to you and to your
19
+upstream provider.  If your Internet host forwards a DMCA complaint
20
+to you, here's a template you can use to write a response.  You can
21
+tailor this to your own circumstances: if you think your host would
22
+be disturbed to hear you're running a relay on the network, you may
23
+want to take that part out.  Of course it's up to you to comply with
24
+your ISP's terms of service.  If you're not comfortable including so
25
+much legal explanation, feel free to invite the ISP to contact EFF
26
+for a fuller discussion.</p>
27
+
28
+<p>This template letter is for informational purposes only and does not
29
+constitute legal advice. Whether and how you should respond when you or
30
+your ISP has received a DMCA notice will turn on the particular facts
31
+of your situation. This template is intended as a starting point. Before
32
+sending any response to your ISP, you may want to seek the advice of an
33
+attorney licensed to practice in your jurisdiction.</p>
34
+
35
+<p>Also, if you received this document from anywhere besides <a
36
+href="https://torproject.org/eff/tor-dmca-response.html">https://www.torproject.org/eff/tor-dmca-response.html</a>,
37
+it may be out of date. Follow the link to get the latest version.</p>
38
+
39
+<hr />
40
+
41
+<p>Dear [ISP]:</p>
42
+
43
+<p>Thank you for forwarding me the notice you received from [copyright
44
+claimant] regarding [content].  I would like to assure you that,
45
+contrary to the assertions in the notice, 1) I am not hosting or
46
+making available the claimed infringing materials, and 2) you are
47
+already protected by the Digital Millennium Copyright Act's ("DMCA")
48
+safe harbor from any liability arising from this complaint.   The
49
+notice is incorrect, probably based upon misunderstandings about law
50
+and about some of the software I run.
51
+</p>
52
+
53
+<p>
54
+First, in terms of legal liability, this notice does not create any
55
+risk for you as a service provider.  As you know, the DMCA creates
56
+four "safe harbors" for service providers to protect them from
57
+copyright liability for the acts of their users, when the ISPs
58
+fulfill certain requirements. (17 U.S.C. � 512)   The DMCA's
59
+requirements vary depending on the ISP's role.  You may be most
60
+familiar with the "notice and takedown" provisions of DMCA 512(c),
61
+but those apply only to content hosted on your servers, or to linking
62
+and caching activity. The "takedown notice" provisions do not apply
63
+when an ISP merely acts as a conduit.  Instead, the "conduit" safe
64
+harbor of DMCA 512(a) has different and less burdensome requirements,
65
+as the D.C. Circuit Court of Appeals held in RIAA v. Verizon (see
66
+<a href="http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf">http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf</a>)
67
+and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
68
+(see <a href="http://www.eff.org/IP/P2P/Charter/033802P.pdf">http://www.eff.org/IP/P2P/Charter/033802P.pdf</a>).
69
+</p>
70
+
71
+<p>
72
+Here, any content that came from or through my computers merely
73
+passed through your network, so DMCA 512(a) applies.  Under DMCA
74
+512(a), you are immune from money damages for copyright infringement
75
+claims if you maintain "a policy that provides for termination in
76
+appropriate circumstances of subscribers and account holders of the
77
+service provider's system or network who are repeat infringers."  If
78
+you have and implement such a policy, you are free from fear of
79
+copyright damages, period.
80
+</p>
81
+
82
+<p>
83
+As for what makes a reasonable policy, as the law says, it's one that
84
+only terminates subscribers who are repeat infringers. A notice
85
+claiming infringement is not the same as a determination of
86
+infringement. The notification you received is not proof of any
87
+copyright infringement, and it certainly is not proof of the "repeat
88
+infringement" that is required under the law before you need to
89
+terminate my account.  I have not infringed any copyrights and do not
90
+intend to do so.  Therefore, you continue to be protected under the
91
+DMCA 512(a) safe harbor, without taking any further action.
92
+</p>
93
+
94
+<p>
95
+You might be curious, though, about what did trigger the notice.  The
96
+software that likely triggered the faulty notice is a program I run
97
+called Tor.  Tor is network software that helps users to enhance
98
+their privacy, security, and safety online. It does not host or make
99
+available any content.  Rather, it is part of a network of nodes on
100
+the Internet that simply pass packets among themselves before sending
101
+them to their destinations, just as any Internet host does.  The
102
+difference is that Tor tunnels the connections such that no hop can
103
+learn both the source and destination of the packets, giving users
104
+protection from nefarious snooping on network traffic.  Tor protects
105
+users against hazards such as harassment, spam, and identity theft.
106
+In fact, initial development of Tor, including deployment of a
107
+public-use Tor network, was a project of the U.S. Naval Research
108
+Laboratory, with funding from ONR and DARPA. (For more on Tor,
109
+see <a
110
+href="https://www.torproject.org/">https://www.torproject.org/</a>.)
111
+As an organization committed to
112
+protecting the privacy of its customers, I hope you'll agree that
113
+this is a valuable technology.
114
+</p>
115
+
116
+<p>
117
+Thank you for working with me on this matter.  As a loyal subscriber,
118
+I appreciate your notifying me of this issue and hope that the
119
+complete protections of DMCA 512 put any concerns you may have at
120
+rest. If not, please contact me with any further questions.
121
+</p>
122
+
123
+<p>
124
+Very truly yours,<br />
125
+Your customer, [User]
126
+</p>
127
+
128
+</div><!-- #main -->
129
+
130
+#include <foot.wmi>