I agree that googles TOS are rather broad (or at least can be interpreted as such)
Regardless of whether OS have misinterpreted them or not - it would be useful if google could be more explicit in their TOS. They changed these for Chrome quickly enough when there were lots of complaints. Again I don't think google really mean to claim rights to all this data, I suspect its more of an oversight in the way the various TOS interact - but if this is the case it shouldn't be too much of an issue for them to clarify the position. As Barry says - in many situations they don't actually have the data to re-use anyway.. What just may be useful (if google do adjust the TOC) is that OS ahve now stated definitively: "In the event that Google is prepared to offer you terms and conditions which do not involve you purporting to grant Google a licence of Ordnance Survey base or derived data, we would have no objection to your hosting such data on top of Google Maps in this scenario.)" So if those conditions can be met by a slight wording change from google - OS will have a job backtracking from it. Here's hoping - come on google - please do what you can to get this sorted quickly - there is no way a local authority or any other official body will risk using google maps while the current position stands. On Nov 11, 10:59 am, "warden [Andrew Leach - Maps API Guru]" <[EMAIL PROTECTED]> wrote: > On Nov 11, 9:34 am, Rossko <[EMAIL PROTECTED]> wrote: > > > It's a ridiculous stance the OS hold, but no-one seems to be both big > > (wealthy) enough and interested enough to challenge it in court. > > The API Terms of Service follow from the Maps Terms of Service, which > in turn follow from the Universal Terms of Service. > > The Universal TOS say: "9.4 Other than the limited license set forth > in Section 11, Google acknowledges and agrees that it obtains no > right, title or interest from you (or your licensors) under these > Terms in or to any Content that you submit, post, transmit or display > on, or through, the Services, including any intellectual property > rights which subsist in that Content " > > Presumably that would satisfy Ordnance Survey. > > Section 11 is what is exercising OS: "11.1 You retain copyright and > any other rights you already hold in Content which you submit, post or > display on or through, the Services. By submitting, posting or > displaying the content you give Google a perpetual, irrevocable, > worldwide, royalty-free, and non-exclusive licence to reproduce, > adapt, modify, translate, publish, publicly perform, publicly display > and distribute any Content which you submit, post or display on or > through, the Services. This licence is for the sole purpose of > enabling Google to display, distribute and promote the Services and > may be revoked for certain Services as defined in the Additional Terms > of those Services." > > The licence in Section 11 is a (rather wide!) licence but limited to a > single purpose. The issue is how provision of data through the API > enables Google to display, distribute or promote the **Services** as > opposed to the **data** (which is called "Content"). I would say that > it doesn't, and therefore Section 11 doesn't apply to user-supplied > Content. > > So OS have misinterpreted Google's TOS and the Terms of Service may > not need altering at all. But it would be fairly easy for this to be > made explicit in the the API Terms of Use. They simply need to be > amended so that they specifically exclude Content which is not passed > through Google's servers to become part of the Service. That could be > easily done by simply omitting references to "display on or through > the Service", retaining "submit or post" references as that is what > happens with GGeoXml. > > There is a precedent for this with the Chrome Terms of Service. > > One for Pamela to pass to the legal eagles. > > Andrew --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Google Maps API" group. To post to this group, send email to Google-Maps-API@googlegroups.com To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/Google-Maps-API?hl=en -~----------~----~----~----~------~----~------~--~---
