[OpenLayers-Users] FW: Google Basemap legal question.

[Rowan Murphy]

The Google terms of Service generally requires you to enter into a "Google
Enterprise Agreement" to charge for the use of their content.

As a law student my advice is that the safest route is to contact Google
directly and gain their written permission. And not to rely upon anyone's
advice (including mine) except the intellectual property owner or a
specialist intellectual property lawyer/attorney in your country. 

(Below are general rules and policy as created by google and do not
constitute actual law).

https://developers.google.com/maps/terms

"9. License Requirements. Google's licenses above are subject to your
adherence to the following requirements:

9.1 Free, Public Accessibility to Your Maps API Implementation.

9.1.1 General Rules.

(a) Free Access (No Fees). Your Maps API Implementation must be generally
accessible to users without charge and must not require a fee-based
subscription or other fee-based restricted access. This rule applies to Your
Content and any other content in your Maps API Implementation, whether Your
Content or the other content is in existence now or is added later.

(b) Public Access (No Firewall). Your Maps API implementation must not
operate (i) only behind a firewall; or (ii) only on an internal network
(except during the development and testing phase); or (iii) in a closed
community (for example, through invitation-only access).

9.1.2 Exceptions.

(a) Enterprise Agreement with Google. The rules in Section 9.1.1 (Free
Access, Public Access) do not apply if you have entered into a separate
written agreement with Google (such as a Google Enterprise agreement) or
obtained Google's written permission.

(b) Mobile Applications.
(i) The rule in Section 9.1.1(a) (Free Access) does not apply if your Maps
API Implementation is used in a mobile application that is sold for a fee
through an online store and is downloadable to a mobile device that can
access the online store. 

(ii) The rule in Section 9.1.1(b) (Public Access) does not apply if your
Maps API Implementation is an Android application that uses the Google Maps
Android API. (However, the rule in Section 9.1.1(b) (Public Access) will
continue to apply if your Maps API Implementation is an Android application
that uses any other Maps APIs, unless the Maps API Implementation qualifies
for the exception in Section 9.1.2(a) (Enterprise Agreement with Google).)"




-----
Rowan Murphy
Environmental Scientist
OEH Sci License SL101087, DPI Ethics 11/5475
OzArk Environmental & Heritage Management Pty Ltd
PO Box 2069 DUBBO 2830
Ph 02 6882 0118 / 0400337662
Fax 02 6882 0630
rowan at ozarkehm.com.au 
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