Cloud Patent Claim Risks and Providers’ Evolving Contractual Responses
Cloud Service Providers (CSPs) are evolving their customer agreements, points out Kemp IT Law.
Richard Kemp discusses how CSPs are addressing the growing risks to service availability from patent claims and in particular how Amazon Web Services (AWS) had included in their Customer Agreement an unusual IP non-assert term.
“From the way the AWS terms work, it’s also at best an open question whether they protect the customer from the risk that open source software used in providing the service infringes third party patent or other rights,” he writes. “Open source is a critical component of the cloud and customers need to understand and review this aspect when selecting their CSP.”
