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Originally Posted by Spudstr
Backbone providers are not liable for the data that passes through them. In short if piratebay is doing their own routing or using non us-ip space they are the end user ISP that gets the DMCA's. providers such as sprint and such that deliver ip transit don't care nor are liable. since they can't monitor everything that goes across their network they are safe/excluded per the DMCA.. i think its section f or e?
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Supdstr, technically, any and all parties providing any connectivity in any manner could be liable. Because DMCA is a fairly poorly written law, if you are based in the US if you send a DMCA to everyone including your own ISP (where you are connecting to the net), they could be found liable for providing access. It is doubtful, I don't think it would fly in court, but there is no definition of distance or restriction on hosts or service providers. Essentially, anyone in the chain that could have stopped the copyright violation but did not could be considered liable themselves.
Most of the europe to america transit is provided by american companies. They would likely take action, especially if (as RonC suggested) they were buried under a pile of DMCA notices, and that the pile was replenished on a regular basis with more and more DMCA notices.
It should be noted as well that european IP blocks are all issued by RIPE in the Netherlands, which may also be a great place to hit up. There are plenty of options on how to mount an agressive campaign on the issue.