That depends. For exampe [...]
Exactly. So you are saying that the US court CAN demand that MS-USA make MS-Ireland turn it over; and **provided** its legal for the MS-Ireland to do so, it would in fact have to do so.
So the question is then not whether MS has the authority to demand that MS-US make MS-Ireland do it. It clearly does as long as its legal for MS-Ireland to comply with its parent corp.
The only question is whether or not it is legal for Ms-Ireland to send the data. See my other replies for more details.
But really, we seem to be in agreement that the US court, can make the order to MS-USA. And in turn that MS-USA can make the order to MS-Ireland.
At this point then its up to MS-Ireland to establish whether or not it can or can't not legally comply.
So why is this argument that they "can't" before the US courts now exactly? This should be MS-Ireland in front of Irish courts seeking clarification. If MS-Ireland thinks it will be illegal to comply it should be able to get the Irish courts to issue an injunction blocking the doctument transfer. Which it can then hand to the US court. End of story.
But that's not what's happening, instead of we have a media circus US blaring that that the US is trying to compel MS Ireland to break the law, and arguing that they trumping the laws of a foreign country etc... which they are not.
For example, to use your example, if an historic artifact belonged to Microsoft which needed government approval to exit the country, then Microsoft could order MS-USA to submit it as evidence -- there is nothing wrong with that. And that is what has happened here. Why is it a big deal?
Ireland, if it doesn't want the evidence to leave the country would in response issue an injunction preventing the transfer; or deny the application to transfer it out, or whatever the process is. And MS-USA would present that denial to the court.
Why hasn't that happened here?