So I'm at least the third WHIR blogger to talk about this, and certainly not the only lawyer. However, I've received at least ten telephone calls from outraged clients who have suffered losses from the Amazon outage, so I thought I'd add my two cents. While the outage is difficult for both Amazon and its customers alike, it surfaces issues that I've been talking about for most of my career, and specific issues I've pointed out at cloud conferences for the past two years: read your contract; in particular, read your Amazon contract. Is Amazon liable for the outage? As the "magic 8 ball " often says: "the answer is no."
One of the most popular slides in my deck over the past two years has been a slide in which I deconstruct the Amazon EC2 contract. Although Amazon is a convenient foil in the context of a presentation, its contract is relatively typical for one sided, mass market transaction. Like all contracts, the Amazon contract limits liability for all sorts of damages, and, again like all contracts, for consequential damages.
Source: http://feedproxy.google.com/~r/thewhir_blogs/~3/_q7xdR9oIZo/042811_What_does_the_Amazon_outage_mean
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