Quote:
Originally Posted by Sil_liS
MS exists both in the US and in Ireland at the same time.
|
That is what creates the conflict, yes.
Quote:
Originally Posted by Sil_liS
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.
|
US law says otherwise.
Quote:
Originally Posted by Sil_liS
And even though employees in the US could access the information, if employees in Ireland allow it
|
I would imagine that no action is required on the part of any Irish employees for US employees to access the information, so "allow" is a meaningless word in this context.
Quote:
Originally Posted by Sil_liS
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.
|
US law says otherwise.
Quote:
Originally Posted by Sil_liS
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.
|
There is another simple action, as well. The US prosecutor could make use of the treaty established specifically to cover this sort of thing by going to the Irish court and getting them to endorse the order.
You are, once again, demanding that Irish law take precedence over US law
in a US court. This order is not even controversial under US law. It is naïve to expect what you expect.