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Excluding war as force majeure in the Middle East is the same as excluding high tide as force majeure building a sandcastle at low tide.
by oatmeal1 18d ago
Excluding war as force majeure in the Middle East is the same as excluding high tide as force majeure building a sandcastle at low tide.
- Y-bar 17d agoThis is very on point. While I am not legally trained in US law, and especially not in any Middle Eastern law, I have a enough knowledge on the law in my country here where I live… Invoking force majeure requires the entity to prove all three following to be true: A. That the event was unexpected and therefore unavoidable. B. That the event was outside the control of the entity. C. That the event made it impossible for the company to resolve the issue. War in the region is as you say rather common unfortunately. The fact that AWS is used by the IDF (https://www.972mag.com/cloud-israeli-army-gaza-amazon-google-microsoft/ https://www.972mag.com/cloud-israeli-army-gaza-amazon-google...) should be considered a factor whether or not their data centre became a more likely target or not. What remains is the ability or not for AWS to do multi-location reduncancy.
- roryirvine 17d agoAs someone who ran a tech company in Northern Ireland at a time when violence was much more common than it is today, I can tell you that our force majeure clauses always disclaimed liability for "riot, violent disorder, civil commotion, and acts of unlawful civil unrest and terrorism". How could it be otherwise - do you expect AWS to have its own army and missile defence system?
- oatmeal1 17d agoThe difference between you and Amazon is hundreds of millions of dollars in political donations and lobbying. Amazon certainly has the political connections to make defense of its datacenters a national security priority of the strongest military on earth if it made it a priority.