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

[Josh Livni]

This FAQ entry may help clarify when it is permissible to receive
income (eg run a commercial site) and still fit within the 'free'
Terms of Service:
http://code.google.com/apis/maps/faq.html#tos_commercial

You may also be interested in this thread that discusses the potential
indexing (or lack thereof) of your content in Maps:
http://groups.google.com/group/google-maps-js-api-v3/browse_thread/thread/4edad765f00b6488

Cheers,

  -Josh



On Tue, Aug 24, 2010 at 11:54 PM, Andrew de Klerk <andrew at quartex.co.za> wrote:
> 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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