Quote:
Originally Posted by Sil_liS
MS exists both in the US and in Ireland at the same time. The data center where the information is stored is in Ireland, and under Irish jurisdiction. US courts have no business telling MS what to do with the data stored in Ireland.
And even though employees in the US could access the information, if employees in Ireland allow it they would be breaking the law, which means that MS would be breaking the law, which means that the US court can't ask MS to break Irish law in Ireland by giving the information to the US court.
There is a very simple action that will not result in breaking the law: the appeal succeeds, because the US court's order is not applicable in this situation since it does not have jurisdiction in Ireland.
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Regardless, the US is fully within its rights to demand anything they want within the US legal system from the US employees.
You are, however, doing an excellent job of explaining the dilemma Microsoft is in regarding breaking US law to follow Irish law. Now just go one step further and repeat after me: "Additionally:
"And even though employees
in Ireland could
deny access to the information, if employees in Ireland
do not allow it
the US employees would be breaking the law, which means that the Irish court can't ask MS to break US law in the US by not giving the information to the US court."
I would like to point out that MS exists both in the US and in Ireland at the same time. The data center where the information is accessible is in the US, and under US jurisdiction. Irish courts have no business telling MS what to do with the data accessible in the US.
And now, hopefully, you have gotten an idea of how
there is no solution for MS. Anything they do will automatically break the law
somewhere.