Beware the IP non-assert clause in AWS cloud service agreement

Re:Beware the IP non-assert clause in AWS cloud service agre... by wtbob on Monday July 13, 2015 @09:40AM (#9877976)

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.

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Re:Beware the IP non-assert clause in AWS cloud service agre... by the8472 on Monday July 13, 2015 @10:04AM (#9878098)

What 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.

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Re:Beware the IP non-assert clause in AWS cloud service agre... by antsar on Monday July 13, 2015 @10:13AM (#9878159)

Question 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?

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Re:Beware the IP non-assert clause in AWS cloud service agre... by danlindley on Monday July 13, 2015 @12:17PM (#9879054)

"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.

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Re:Beware the IP non-assert clause in AWS cloud service agre... by biot on Monday July 13, 2015 @11:25AM (#9878688)

The 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...".

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Re:Beware the IP non-assert clause in AWS cloud service agre... by DannyBee on Monday July 13, 2015 @11:51AM (#9878875)

The scope is much broader than that, actually.

The scope would cover any software they use to provide these services.

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Re:Beware the IP non-assert clause in AWS cloud service agre... by phkahler on Monday July 13, 2015 @10:01AM (#9878087)

>> Edit: argh, I wish HN would accept underscores for italics.

Try asterisks around it instead.

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