It can work against a host, but not a data center that is not a host, and not against an ISP that is not a host (note, "data centers" and "ISPs" may also offer hosting services, in which case they are, with regard to those services, hosts.)
The DMCA safe harbor notice/counternotice takedown/restoration process at 17 USC 512(c) doesn't apply to entities that are entirely immunized by 17 USC 512(a) because they provide only transitory storage and transmission at the direction of a third a party and/or by 17 USC 512(b) for providing system caching at the direction of a third party.
Comments
It can work against a host, but not a data center that is not a host, and not against an ISP that is not a host (note, "data centers" and "ISPs" may also offer hosting services, in which case they are, with regard to those services, hosts.)
The DMCA safe harbor notice/counternotice takedown/restoration process at 17 USC 512(c) doesn't apply to entities that are entirely immunized by 17 USC 512(a) because they provide only transitory storage and transmission at the direction of a third a party and/or by 17 USC 512(b) for providing system caching at the direction of a third party.
Oh, so notice-and-takedown concerns the storage safe harbor but not the transmission safe harbor. I didn’t realize that.
Thanks!