I've done some further old group discussion reading and the clearest
answer i could find can be found here - ttp://tinyurl.com/464xda - now
i have two answers, one from an official source, but still not
answering all aspects of the proposed work.

One part of an official (Pamela Fox - Google Maps Team) answer to a
similar, earlier question seems to clarify the TOU position on
positional update 'delay' or time lag vehicle objects;

On Mar 21 2007, 6:11 pm, "pamela (Google Employee)"
<[EMAIL PROTECTED]> wrote:
> Hi all-
>   I have a few clarifications regarding TOU and vehicle tracking from
> the team:
>   * Any vehicle tracking (real-time or delayed) is not allowed within
> the TOU.
>   * Tracking of non-vehicles (real-time or delayed) is allowed - 
> kids,skateboards,yourwife, etc.
>   Hope that helps clarify some questions. -pamela

Not entirely sure how these two are differentiated or why tracking of
'non-mechanical' objects like people (who could conceivably be
travelling on/in a vehicle), is allowed but tracks, even non-realtime
(archived) ones from anonymous vehicles is not. If this is an Google
Maps datasource e.g. TeleAtlas et al... (See: http://tinyurl.com/5xaa2a)
restriction, passed on/imposed by data providers, then this should be
filtered through in the TOU and made clear to developers. Clarity on
the temporally related positional update restrictions in particular.
If this is the case, the restriction(s) should be looked at again
since i and many others use apps that can track and provide routing/
directions and location context filtered information when i and others
move about in the real world, in real-time, with seemingly no problems
or restriction. These all use essentially the same base Google Maps
tile server tiles created from the same data sources for any maps that
are involved. The iPhone Google Maps app and its built-in sensors can
and do, locate, track, broadcast and display in realtime the location
of other app users. There are similar apps, developed by third-party
developers designed for Google's Android platform and any capable
supporting devices and thier built-in sensors.

What constitutes 'delayed', would archived routes, played back violate
the TOU? If this is the case, there are many sites which log routes,
allow upload/or actively collect, visualise and allow interaction with
route tracks collected usually by a GPS sensor. These apps are
visualising track data collected days, days/months and years after the
track was travelled along.

John (Coryat) - in the past suggested time delaying positional updates
as an ok alternative to true realtime - http://tinyurl.com/45aqz6. You
can see why clarity from an official standpoint is required. I am not
qualified to make legal decisions on the TOU any more than i am aware
John can.

We are not looking for ways around the TOU simply a straight answer
and explanation as to what/why the differentiation.

On Oct 9, 9:52 pm, "maps.huge.info [Maps API Guru]" <[EMAIL PROTECTED]>
wrote:
> Regardless of the benefit or end use, if there is position data of a
> mechanical asset, such as a car, bicycle, aircraft or boat, then it is
> against the TOU. If it is of a biological asset, such as a whale,
> bird, human, dog, pig or cow, then it's ok.
>
> Sorry.

Ok, so Google sanctions and is ok with developers building apps with
thier APIs that track people and thier pets to provide the tracked
biological 'asset' a way to consent to them being tracked.

I'll hold out a bit longer for an official response, i can only hope
that one is offered. The TOU are not clear, and as stated we do not
intend to employ sensors for/in any of the restricted activities.

Many developers of apps that use the Google Maps API in clear
violation of TOU, need to a) read the TOU and b) get the ok from some
official (Google Map Team, Legal) source before considering whether to
proceed further, as a number of users, not all, have done in the past,
e.g. http://tinyurl.com/3k3ojw.

Thanks
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