I agree 11.1 is one of the major problems - the example Ed Parsons
gives of interpretation on his blog is better (but still not
acceptable to the OS I suspect) - but if Eds interpretation is right
surely 11.1 could be re-worded to sound a bit less all encompassing.

11.3 is also problematic - as already mentioned - most just don't have
these rights.

The unfortunate situation in the UK - is that anyone wanting to use
the map API is caught between the OS and Google  TOS (almost
regardless of the data they are wanting to display as in the vast
majority of cases you could not be SURE that there was no element of
derivation in the data).  I can understand Google not being keen to be
seen to bend to accommodate the OS and their wholly unreasonable
interpretation of derived data, however it may be a case of finding an
agreement that the OS can live with - or see people switch en mass
from the mapping API in the UK - which would be a real shame.

I would also stress the need for a very rapid resolution of this issue
- I know people are currently feeling they have no option but to take
their maps off line as they can't abide by the TOS  and the fact that
they inevitably have OS derived data.  There have been several people
saying will have to switch OpenLayers.  We are in exactly the same
position, about to embark on a development that was to be done using
the Google mapping API - but now looks as if it will have to be in
OpenLayers as we can't comply with the TOS because of OS derived data.

If the API is to be used in the UK - the terms MUST be usable with the
OS interpretation of derived data and copyright.  I know which party
I'd most like to see changed (preferably forcably!) - but equally I'm
hoping that Google can be pragmatic here so as the ground gained with
people using the API in the UK is not lost.  If the point of the
mapping API is not a data farming excercise as Ed Parsons stresses
(and I don't really believe) then would it really hurt Google to drop
the controversial terms?
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