Who gets the DMCA Notice?

[PatrickZ]

I've run into a bit of a dilemma and I'm looking for some advice. A couple of weeks ago I sent a hosting provider a DMCA notice to take down a copyrighted picture of mine from two web pages on a website they were hosting. Within a day the infringing material had been removed. All good, except at the end of last week it appears that the website changed their hosting provider and the infringing picture was put back up on one of the web pages. So I start to figure out who the new hosting provider is so I can send a DMCA notice to them regarding this image. I come to find out that the hosting provider in question does not provide any copyright/legal information or specific contact information as to where I would send a DMCA notice. Further research then showed that the hosting provider in question is actually leasing server space from an internet services company. The internet services company that is leasing the space to this hosting provider does provide legal/copyright contact information. So my dilemma is whether or not to send the DMCA notice to the internet services company. Ultimately the internet services company is the one storing the infringing materials, even if it is server space that is being leased out. The internet services company Acceptable Usage Policy has a section on Intellectual Property Infringement which states that they will not store such material and will disable access or remove the material. I would love some advice on this.

 

[Michael Wechsler]

Why not send it to both of them?