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You can make this argument, for sure. You will almost certainly lose ;) I've seen cases where wording similar to this has been used. It was found to cover the pieces that provide the services, exactly because it is worthless as a protection otherwise. (If I can get an injunction against you stopping you from running a critical piece of your service , you won't be able to provide the service)



A lot of this would depend on the exact nature of the dispute. If this hypothetical open-source project was, say, an XML parser it'd be hard to claim that it was integral to AWS rather than an interchangeable component any more than, say, Intel hosting a microsite on S3 would give Amazon the rights to all of their processor IP. On the other hand, an AWS deployment tool or compute optimizer developed in a private beta that'd be a much harder case since Amazon could quite reasonably argue a privileged business relationship.

Right now we have one case which hasn't been settled and which apparently did involve a business partner. I think we'd need n > 1 or at least a final ruling before making the kind of sweeping claims presented originally.




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