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Originally Posted by Eman - PG
First off, DMCA is a US law. Sending a DMCA notice to Sweden or Russia embassies or ISPs won't do anything. For DMCA to be effective against foreign hosted content, you'd have to DMCA their USA peers as the stolen content travels through their US network.
As mentioned in my post above, based on the way the torrent protocol works, the owner of the content would have to send a DMCA notice to the seeders (people with the files on their computer) and their ISPs (ie. Joe Blow in Alabama and Comcast).
In regards to the tracker servers. Trackers are usually hosted offshore and they do not share any content, but only a list of IPs where the source content can be found on the seeder's and peers' computers.
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Eman, with due respect, 90% of the companies providing the actual connectivity are either based in the US or are owned by US companies. As such, to a greater or less extent, they can be touched by a DMCA because they have responsibilities as good corporate citizens in the US.
Example, is piratebay.org - "hosted" by p80.net, which is (shock) registered at Directnic. That would be a good place to send a DMCA.
P80.net is getting their connectivity (the route I get) from sprintlink. Spring comes up with an address in Kansas.
There are all sorts of fun places to deal with on this issue. If P80 / port80 / rix internet is not going to remove connectivity from pirate bay (and like pirate bay will try to hide behind lax swedish laws) then you get the US based companies that provide their connectivity to take the action that US law obliges them to take.
I understand completely how torrent sites work - but you miss the point. Without sites like piratebay, there would be no way for 99.9% of end users to find a single torrent to download. Hiding the actual links on disposible tracker domains (they often last only 48 hours) to artificially create a firewall of responsibility is something for the courts to argue about, in my opinion it clearly shows guilt of conscious.
Torrent "guides" work hand in hand with the trackers to provide the method and ability for people to distribute all forms of material, legal and illegal. Piratebay is hiding in Sweden because they know pretty much anywhere else they would get escorted to a cell with Bubba for recreation for the next few years. Again, shows a consciousness of guilt. If they thought they were right, they wouldn't be hiding under the ice in Sweden.