Please, someone, would you paste for me what to say back to them, and I'd just fill in the blanks with "FILE NAME" "COMPLAINING COPYRIGHT HOLDER" "MY NAME", to send back to them?
Thank you so much
I checked, it's Charter's legit email for when stuff like this occurs.
I found this on another website, should I send them this, or nothing at all, or something different? Here it is:
Dear Charter.com:
Thank you for forwarding me the notice you received from (COMPLAINER) regarding "WHATEVER YOU LIBERATED". 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.
First, in terms of legal liability, this notice does not create any risk for you as a service provider. As you know, the DMCA creates four "safe harbors" for service providers to protect them from copyright liability for the acts of their users, when the ISPs fulfill certain requirements. (17 U.S.C. § 512) The DMCA's requirements vary depending on the ISP's role. You may be most familiar with the "notice and takedown" provisions of DMCA 512©, but those apply only to content hosted on your servers, or to linking and
caching activity. The "takedown notice" provisions do not apply when an ISP merely acts as a conduit. Instead, the "conduit" safe harbor of DMCA 512(a) has different and less burdensome requirements, as the D.C. Circuit Court of
Appeals held in RIAA v. Verizon (see
»www.eff.org/legal/cases/RIAA_v_V···1219.pdf) and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter (see
»www.eff.org/IP/P2P/Charter/033802P.pdf).
Here, any content that came from or through my computers merely passed through your network, so DMCA 512(a) applies. Under DMCA 512(a), you are immune from money damages for copyright infringement claims if you maintain "a policy that provides for termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers." If you have and implement such a policy, you are free from fear of copyright damages, period.
As for what makes a reasonable policy, as the law says, it's one that only terminates subscribers who are repeat infringers. A notice claiming infringement is not the same as a determination of infringement. The notification you received is not proof of any copyright infringement, and it
certainly is not proof of the "repeat infringement" that is required under the law before you need to terminate my account. I have not infringed any copyrights and do not intend to do so. Therefore, you continue to be protected under the DMCA 512(a) safe harbor, without taking any further action.
You might be curious, though, about what did trigger the notice. The software that likely triggered the faulty notice is a program I run called Tor. Tor is network software that helps users to enhance their privacy, security, and safety online. It does not host or make available any content. Rather, it is part of a network of nodes on the Internet that simply pass packets among themselves before sending them to their destinations, just as any Internet host does. The difference is that Tor tunnels the connections such that no hop can learn both the source and destination of the packets, giving users protection from nefarious snooping on network traffic. Tor
protects users against hazards such as harassment, spam, and identity theft. In fact, initial development of Tor, including deployment of a public-use Tor network, was a project of the U.S. Naval Research Laboratory, with
funding from ONR and DARPA. (For more on Tor, see
»www.torproject.org/.) As an organization committed to protecting the privacy of its customers, I hope you'll agree that this is a valuable technology.
Thank you for working with me on this matter. As a loyal subscriber, I appreciate your notifying me of this issue and hope that the complete protections of DMCA 512 put any concerns you may have at rest. If not, please contact me with any further questions.
Very truly yours,
Your customer, YOUR NAME HERE
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I've never used Tor, I've heard of it before but I'm not even sure what it is, and it's mentioned in the email.
Should I send this, or nothing at all, or..?
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K3Nv2:
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