[OSGeo Africa] RE: Google maps API - whats legal?

[Andrew de Klerk]

Many people read into the license agreement and believe that they can use
the google API for commercial use as long as you keep within the certain
boundaries. Tracking is a definite no and requires you pay their annual
license fee. We have just completed a site for someone who was quite happy
to adopt this principle. He is receiving income through his site, and is
utilizing google maps to display data for points of interest he is accepting
income for. I personally believe he is violating the terms of the google
maps api, but as you say "clear as mud"
My take on it all - if you receive income for what you are displaying - pay
up, if not, free to use.

Andrew

-----Original Message-----
From: africa-bounces at lists.osgeo.org [mailto:africa-bounces at lists.osgeo.org]
On Behalf Of Walter Smit
Sent: 25 August 2010 08:43 AM
To: 'Africa local chapter discussions'
Subject: RE: [OSGeo Africa] RE: Google maps API - whats legal?

Hi Grant

I have read that - but I don't think it applies to my case. As I explained -
I wont be uploading my data to Google, so there is no way for them to use it
in searches/Maps/Earth. I will be displaying my data (using my own
webserver) *on top of* whatever Google has. Think of it as a two different
layers - from two different systems.

If I was going to use Google to display my data (ie upload my data to their
servers) then the sections you mentioned would apply. And as you point out -
even then you can opt out of making your content searchable.

Thanks for the comments - as a colleague of mine would say "this is as clear
as mud" :-)

-----Original Message-----
From: africa-bounces at lists.osgeo.org [mailto:africa-bounces at lists.osgeo.org]
On Behalf Of Grant Slater
Sent: 24 August 2010 04:54 PM
To: Africa local chapter discussions
Subject: Re: [OSGeo Africa] RE: Google maps API - whats legal?

On 24 August 2010 15:16, Jeremiah Kamau <kamaujeremiah at google.com> wrote:
>
> From what I understand:
>
<snip>
>
> In any case, Google does not get your data hence it is not search-able 
> on
Google Maps or even Google Search - no need to worry about this. Feel free
to go ahead and use the service.

No, I believe you are mistaken. Google is granted rights to use the data
including specifically search. See section 11.1 of the Terms of
Service: http://code.google.com/apis/maps/terms.html
-----
Licenses from You to Google:
Content License. Google claims no ownership over Your Content, and you
retain copyright and any other rights you already hold in Your Content. By
submitting, posting or displaying Your Content in the Service, you give
Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publicly perform, publicly
display and distribute Your Content through the Service and as search
results through Google Services. This license is solely for the purpose of
enabling Google to operate the Service, to promote the Service (including
through public presentations), and to index and serve such content as search
results through Google Services. If you are unable or unwilling to provide
such a license to Your Content, please see the FAQ for information on
configuring your Maps API Implementation to opt out.
-----

Also there is a restriction on displaying live tracking information on the
map. See section 10.9.

Regards
 Grant
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