Pamela, 11.3 is a problem. It says that we confirm we have the rights to grant the above licenses to Google, but in reality very few individuals and organisations do have the rights that Google asks for.
For example, if you're creating a mashup you will be using data from other sources - roadworks, properties for sale, crime locations, whatever. While the developer creating the mashup may have the licenses and the rights to present this data to the public on their website they do NOT have the right to extend any rights or licenses of that data to Google. If the developer does not own the IPR (intellectual property rights) of the data they're putting through the maps API then they are almost certainly breaking the ToS because they do not have the rights to extend any rights on to a 3rd party (i.e. Google). Sorry if I've repeated myself but this is a major flaw in the ToS which breaks the license for almost everyone. IMHO the whole ToS needs expanding upon with examples. As someone else said, we're developers not lawyers. And a lot of it is open to interpretation. I don't want my lawyer to tell me what he thinks Google's lawyers meant by 11.1 or 11.3 when Google should really make an effort to spell it out more clearly since it's in everyone's interest to know where we stand and for Google to be as transparent as possible. One issue I'm foxed by, regarding 11.1, if I'm using the API to plot markers on maps on my website, how can Google claim any license to reproduce, adapt, etc, if the data that creates the markers aren't being sent to Google? The data goes straight from my server via the Internet to my visitor's browser whereby Javascript (run locally) turns the data into a marker. Or are the ToS implying that even this data is sent to Google via the API? Google must declare this if it's true. What if a website plots private data that's unique to the current user (on a free public website which they're logged into)? Are Google saying they can technically capture and store this data and if so are they requesting a license to publicly display this data elsewhere? Why would they want to do that and is the message I'm hearing right in that if we use the API to plot our own home address then Google have the rights to display that to anyone anywhere? Thanks for listening and I look forward to some answers. Gary. --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Google Maps API" group. To post to this group, send email to [email protected] 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 -~----------~----~----~----~------~----~------~--~---
