Hey Kiros, The only fast and effective way to go for you is to send an abuse claim to the file-hosting service (rapishare or whatever it is). The abuse teams @ the file hosting sites are usually fast and unwilling to fight over some pity suspect file, they just delete it asap and this is what you need after all. On the other hand you will waste your time and money if you decide to fight the ISP, website hosting or any other party. And in the future, you just need to monitor the web and send the abuse claims to the file-hosting services asap. At least until someone uploads your software to p2p lol.
If the website owner knows where to host and covers his tracks, you're basically wasting your time. Even if you contact their current host and get the to agree to terminate the website, they will likely just source another offshore host that ignores all cease and desist requests. Source: Experience. I doubt it. You're probably referring to a DDoS attack, but even the most sophisticated ones can be dealt with by large sites and a little technical knowhow. WebDev
Whilst Dutch servers may offer some protection for warez sites, directly hosting the infringing content should give you a better bargaining position. Don't try and get the site taken down via a DMCA complaint as the DMCA is a US law and it is very frustrating to be sent such claims when overseas - the rest of the world has different laws, different requirements, and it is your responsibility to get this right to send to the host. Most pirate sites manage to stay online because it is yet to be proved that just linking to copyrighted material is breaking the law - and they tend to use file hosting sites or torrent links and so don't host anything infringing themselves. As this guy hosts the copyrighted material himself - this, however, is a different situation and you should be able to get the content removed. I'm not Dutch, but if you DM me the link I'll see if I can give you any more direct pointers.