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Comment Re:However... (Score 1) 419

The real issue at stake here is the very notion of cloud storage versus location storage. Not just laws and controls but existence. If I pump something into the cloud then it should be a cloud and where the data actually resides should be obscure at best. I would have thought that best practice for a cloud supplier would be to have everything RAIDed around the planet. Multiple redundancy, only fragments on any particular server.

Comment Re:More accuratly (Score 1) 419

The data in question is held by Microsoft Ireland and fully owned subsidiary but separate legal entity. The judge cannot require Microsoft Ireland to produce the data as it is not a party to the case and as a foreign company must hold to the law of the territory where it is registered. So Microsoft US neither hods nor controls the data so the request to produce it is moot.

Comment Re:customer-centric (Score 1) 419

Microsoft Ireland is not a US company. It is incorporated in Ireland. If Microsoft US requested or ordered Microsoft Ireland to supply the data then Microsoft Ireland would be bound by EU law to refuse it. The limit of Microsoft's ability there would be an endless chain of hire and fire if MS Irelands executives and employees.

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.

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