View Single Post
Old 09-17-2014, 05:44 PM   #79
taustin
Wizard
taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.taustin ought to be getting tired of karma fortunes by now.
 
Posts: 1,358
Karma: 5766642
Join Date: Aug 2010
Device: Nook
Quote:
Originally Posted by Sil_liS View Post
MS doesn't have the legal right in Ireland to copy the data to hand over to a foreign country, and US courts don't have jurisdiction in Ireland.
The judge didn't order anyone in Ireland to do anything. He ordered Microsoft in the United States to provide information accessible to Microsoft employees who live and work in the United States, and who can access that information without leaving the United States to do so and provide that information to the court.

Quote:
Originally Posted by Sil_liS View Post
The judge can't ask MS to break the law.
He didn't ask. His order was valid under US law, and handed down to a US company, ordering people living in the US to perform actions that he is allowed to order them to perform under US law.

What is so difficult to understand about this? There is no single action that will not break the law. Microsoft is caught between conflicting laws. They cannot obey all the laws that apply. To obey Irish law, they must violate US law. To obey US law, they must violate Irish law. That is the point. There is a conflict in the laws of the two countries, and Microsoft is caught up in it, and can't do anything about it. They must break the law, because it is impossible for them to obey all laws.

Your position is that Irish law takes precedence over US law in a US court. That is a naïve position.
taustin is offline   Reply With Quote