Amazon Web Services terms of use: run far away, run fast

https://www.linkedin.com/pulse/amazon-web-services-terms-use-run-far-away-fast-sean-hogle?trk=prof-post

by sean_hogle • 10 years ago

4 1 10 years ago

sean_hogle• 10 years ago

A few commenters dispute whether the IP non-assertion covenant applies to "Your Content", defined in the Amazon terms as "Content [that is, "software (including machine images), data, text, audio, video, or images"], that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your AWS account and any computational results that you or any End User derive from the foregoing through their use of the Services". If Amazon intended to capture "Your Content" in the non-assertion covenant, it would have done so expressly, the argument goes, and so therefore "Your Content" is excluded from the non-assertion.

My response: section 8.1 of the terms states "EXCEPT AS PROVIDED IN THIS SECTION 8 [where the non-assert clause resides], we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights" (all caps added). The implication clearly is that Amazon obtains no IP rights to "Your Content" EXCEPT as section 8 provides. Seems fairly clear to me.

I would never allow my client to knowingly sign up to this.

Amazon Web Services terms of use: run far away, run fast

Related Stories