For the record, approximately one year ago, Tyler Mitchell forwaded this email 
to me from Thor Mitchell about the use of the Google Maps API in OpenLayers.

> From: Thor Mitchell <t...@google.com>
> Date: April 8, 2011 5:52:50 PM PDT
> To: tmitch...@osgeo.org
> Subject: Use of the Google Maps APIs in OpenLayers
> 
> Hi Tyler,
> 
> I'm the Product Manager for the Maps APIs at Google. I'm emailing you because 
> we just published a new Google Maps/Google Earth APIs Terms of Service today 
> which includes a number of changes, one of which I recognize may concern you. 
> It begins:
> 
> (a) No “Wrapping.” You must not create or offer a “wrapper” for the Service, 
> unless you obtain Google’s written consent to do so. 
> 
> and then goes on to cite some examples. The goal of this new clause is 
> twofold:
>       • prevent Maps API web services, such as our geocoder, being proxied 
> through third party REST APIs without our knowledge
> 
>       • ensure that any third party libraries such as Mapstraction that 
> incorporate our API in such a way that developers can use our API without 
> needing to read our Terms or documentation are reviewed to ensure they honour 
> those Terms, and pass them on to their developers appropriately
> The reason I was keen to reach out to you as soon as these Terms were 
> published was to reassure you that we are comfortable that OpenLayers meets 
> these criteria, and consequently you should consider this email the "written 
> consent" that you need from us to continue using the Google Maps APIs in 
> OpenLayers.
> 
> If you have any questions or concerns about this please don't hesitate to let 
> me know.
> 
> Many thanks,
> 
> Thor Mitchell
> Product Manager
> Google Maps API 

I will attempt to reach out to Thor and Josh Livni and see if I can get some 
clarity on the more recent change, and see if that has changed. However, I 
think that it looks like this text is largely the same (specifically, 10.2 
looks essentially unchanged to me?), which I believe means that we can consider 
the previously sent email from Thor to be written notice that OpenLayers is in 
the clear here.

For the record, I fell down on this one -- as you can see, I got this email 
more than one year ago from Tyler Mitchell (who was ED for OSGeo at the time), 
and I don't think I ever sent it to the list. My apologies for that.

-- Chris

On Apr 23, 2012, at 12:27 PM, ext Eric Lemoine wrote:

> 
> 
> On Monday, April 23, 2012, Martin Reckziegel wrote:
> Hello,
> 
> Am 23.04.2012 14:31, schrieb Helge Fahrnberger:
>> Last week Google updated their TOS in a way that could affect OpenLayers:
>> 
>> "This update clarifies that you are not permitted to use or provide any 
>> content provided by the Maps API in an API that you offer to others, even if 
>> your implementation provides substantial additional features or content."
>> See 
>> http://googlegeodevelopers.blogspot.com/2012/04/update-to-google-maps-api-deprecation.html
>> 
>> 
>> This kills the Google layers, doesn't it? It is probably a direct reaction 
>> for all large websites flocking to OSM, OL and Leaflet as a result of the 
>> end of the free Google Maps API.
> it would be very sad, if this would be the case.
> But the blogpost is abit confusing. The Section 10.2 (a) (ii) of the actual 
> terms and conditions (https://developers.google.com/maps/terms) state:
> "...For clarity, you are NOT 're-implementing or duplicating' Google 
> Maps/Google Earth if your Maps API Implementation provides substantial 
> additional features or content beyond Google Maps/Google Earth, and those 
> additional features or content constitute the primary defining characteristic 
> of your Maps API Implementation."
> 
> So the main question in my opinion is, wether Openlayers is related to 10.2 
> (a) (i) and if not, if the example in 10.2 (a) (ii) for not reimplementing is 
> related to Openlayers.
> Does anybody know a link to the text of the Google T&C before this april 20 
> update?
> 
> kind regards
> Martin
> 
> 
> I'm afraid the comments in the blog post and 10.2 (a) in the TOS make it 
> quite clear that it is not permitted to wrap the Google Maps API in another 
> mapping API like OpenLayers. I guess we need to verify this with Google.
> 
> 
> -- 
> Eric Lemoine
> 
> Camptocamp France SAS
> Savoie Technolac, BP 352
> 73377 Le Bourget du Lac, Cedex
> 
> Tel : 00 33 4 79 44 44 96
> Mail : eric.lemo...@camptocamp.com
> http://www.camptocamp.com
> 
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