4 ms·
What a horribly wrong post. First off, I'm confident that many big-boy lawyers have been over those terms with a fine-toothed comb, so I wanted to lead with tha
by spdustin 10y ago
What a horribly wrong post. First off, I'm confident that many big-boy lawyers have been over those terms with a fine-toothed comb, so I wanted to lead with that, since I'm not a big-boy lawyer myself. All emphasis is mine.
1) Section 3.2 on data privacy makes it clear: "We will not access or use Your Content except as necessary to maintain or provide the Service Offerings" [or if legally and lawfully compelled]
Full stop. I shouldn't have to go on to number two.
2) Section 8.1: "As between you and us, you or your licensors own all right, title and interest in and to Your Content"
Full stop again. It's pretty clear. But, hey, there's a dead horse over there, and he looks like he needs a beatin'...
3) Same section: "[with exceptions noted later] we obtain no rights under this Agreement from you our your licensors to Your Content, including intellectual property rights"
But let's go directly to his quoted section.
4) "You will not assert ... against us ... any patent infringement or any other intellectual property infringement claim regarding any Service Offerings you have used"
So, if it's not clear: you can't sue Amazon claiming that Simple Storage Service (S3) comprised a patent violation. You can't sue Amazon saying that they're violating your intellectual property rights when they serve your web page from an edge cache in Zimbabwe. They've already stated unequivocally in prior sections that they assert ZERO rights to your code/images/markup/etc ("Your Content").
How is this person practicing law?
- jamiesonbecker 10y agoIf you build a server monitoring service running on EC2 that has some aspect that is patented, could AWS incorporate that feature into EC2? update: emphasized patented
- grogenaut 10y agoIf you don't have a patent on the technique and AWS doesn't directly copy your code do you even have a claim? I would think not or netflix would be suing amazon. Or maybe they have and netflix gets a super duper special rate.
- spdustin 10y ago"...we obtain no rights under this Agreement from you our your licensors to Your Content, including intellectual property rights..." They could clean-room re-engineer it. So could anybody else. But, no, they could not simply take your monitoring code because they disclaimed having ANY intellectual property rights to it already. Saying "as necessary to maintain or provide the Service Offerings" covers hosting and backups. After all, your code, patented or not, is not necessary to maintain or provide their Service Offerings; their Service Offerings were already being maintained and provided.
- deleted 10y ago[deleted]
- deleted 10y ago[deleted]