Legal Question in Intellectual Property in Canada

Re: Copyright Infringement

The location of the name servers is probably not significant since these don't have any control over the material. There are also name servers located in other places in the world that facilitate access to the site. The operator of a name server cannot comply with the DMCA because it cannot take down any material other than by virtue of disabling access to the entire site.

Even if the content server were in the US, compliance with a DMCA notice is no more than a "safe harbor." The Act does not require compliance but rather insulates the ISP from infringement suits if it does comply. Accordingly, most providers will comply.

A Canadian content server is not protected by the DMCA but may still have reason to comply. Suits over international copyright infringement are procedurally complex and the various jurisdictions do not agree on how to handle them. The subject of liability of a Canadian company for infringement of a US copyright and the enforceability of that copyright depends on factors too complex for this forum. Your best best is to send the DMCA notice and see what happens.

See also: http://info.corbettlaw.net/lawguru.htm