My first email check this morning showed a message from the hosting provider of www.buberel.org, The Planet (http://www.theplanet.com/) with the following message subject:
DMCA Complaint from the ESA for 69.57.148.142
Upon further reading, it appears as though the Entertainment Sofware Association (ESA) believed that my server was responsible for hosting a bittorrent of the newly released PC game 'Prey'. The first thought to enter my head was "Oh crap, someone has hacked my server and is using it to distribute pirated software!".
After searching the disks and checking the security logs, I was convinced that no such copyright infringing materials were being distributed from my server. Then it suddenly dawned on me that it must be my hosting/operating of a TOR (The Onion Router) anonymous proxy server that had convinced them that my server was the actual source of the pirated materials.
A quick search of the TOR website turned up a handy boilerplate letter to be used in exactly these situations. I modified the letter for my specific situation, and sent it off to the legal folks at The Planet. A few hours later I received a note from a member of their legal staff thanking me for my prompt response. The trouble-ticket had been closed and the issue resolved.
Although I do not condone the illegal distribution of copyrighted software - I make my own living writing software after all - I was thrilled with the response from The Planet's legal team. It was clear that they understand the issue and that people like myself run TOR proxies to ensure anonymity and freedom of communications on the internet. From time to time this capability will be used to protect illegal activity, but there are most definitely "substantial non-infringing uses" of the technology (protecting political dissidents, whistle blowers, etc.).
Notch a small victory for freedom!
