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Comment Re:customer-centric (Score 1) 419

No. The order to produce went to Microsoft US. The data is under the control of Microsoft Ireland, a fully owned subsidiary registered in a foreign country. Since Microsoft Ireland has the legal obligation to refuse the data to Microsoft US, Microsoft US neither owns not controls the data and cannot be compelled to produce it.

Comment However... (Score 2) 419

Microsoft US does not control the data. A separate company (Microsoft Ireland) does. Now it may be a fully owned subsidiary but it is still a separate legal entity. The question here is not what people think it is. Does the judge have the right to demand that Microsoft US instruct Microsoft Ireland to break Irish law. The answer to is no because the data is not in the possession or control of Microsoft US. If Microsoft US were to make the request of Microsoft Ireland the correct (and required) response from Microsoft Ireland would be "Sorry, we cannot do that even though you own us.". So since Microsoft US does not control the data the request from the judge would be invalid. Microsoft US cannot comply with the directive since they do not have direct access in their own right.

Comment You do not seem to understand (Score 1) 139

Any "dick move" would be at minimum, contempt of court. That is extraditable and yes, the U.S. And Australia have a treaty. Many treaties. Not all are economic. You have no idea how deep this could go. No one enjoys a shit fight. It would not be allowed to get that far. Most probably this is happening and happening right because the ACCC wants to get up the nose of the horribly consumer unfriendly new Abbot government.

Comment Re:Except... (Score 1) 143

Stop digging? You are digging fast enough for both of us. I am not and never claimed to be a lawyer. Nor do I need to be. I have access to a sufficiency. Not that I have consulted them over this as I would not trust them as most of them since they have other specialities.

My sentence was meant to be read as your current one does not seem to be that good. Yet you fastened on a less likely alternative and latched on to it with certainty as if it were an absolute truth.

And there is the issue, 'certainty'. The reason I mentioned common law is that common law is flexible and evolves. There seem to be a number of people saying that this all means that the government has given up. Do not be certain about that. I am suspicious, paranoid if you would and consider it sensible to be so. Time will show the truth or falsity of this. Nothing else.

You are quite welcome to the last word.

Comment Re:Just noticed your earlier comment... (Score 1) 64

I followed the link you gave me and I am not sure that I agree. Anyone using a female pseudonym for over five years is going to wind up a little gender bent even if they did not start out that way. If it acts like a duck, quacks like a duck, walks like a duck and is treated as a duck then it becomes a duck. Neuroplasticity and all that. But even greater than the number of gender bent is the number of gender confused. Transition is not the objective of all tg people. That would be far from the truth. I think I would like to stand by what I said, i.e.. that by all means maintain and continue your arguments with this person but I would recommend not chastising someone for gender issues or expressed gender issues. No one wants to be tg. Nobody would choose it.

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