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I'm not a lawyer, but my take on the clause is simple: one can't sue Amazon for IP related to the service AWS is providing. E.g., I couldn't use S3, but then t
by wtbob 11y ago
I'm not a lawyer, but my take on the clause is simple: one can't sue Amazon for IP related to the service AWS is providing. E.g., I couldn't use S3, but then try to hit Amazon with a file-like key-value-store patent. I think I'd still be free to hit Amazon with a web-based online-shopping patent though, since I'm not buying that service from them.
Edit: argh, I wish HN would accept underscores for italics.
- phkahler 11y ago>> Edit: argh, I wish HN would accept underscores for italics. Try asterisks around it instead.
- the8472 11y agoWhat if your IP is the copyright on some open source software and amazon is violating the licence? The clause would prevent you from enforcing the licence if you find out through using AWS that they violate it.
- antsar 11y agoQuestion for legal-minded readers: can this be worked around by having someone else, a non-AWS-user, enforce the license/copyright on one's behalf? Or perhaps simply terminating use of AWS and proceeding to then enforce the claim?
- biot 11y agoThe article already clearly covers your second case: > First is the duration – the provision seems to apply even > after a customer stops using AWS. In fact, the text of the agreement states "During and after the Term...".
- danlindley 11y ago"During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us ... any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used" It would appear that you cannot have someone else enforce this on your behalf.
- DannyBee 11y agoThe scope is much broader than that, actually. The scope would cover any software they use to provide these services.