On Nov 27, 2:10 am, "pamela (Google Employee)" <[EMAIL PROTECTED]>
wrote:
>
> We hope that the licensing and intentions are more clear now.

I'm really pleased that Google has moved on this one, although it's a
pity it took longer than it did with Chrome, given that the issues are
similar. But I don't think it's moved far enough in respect of
Ordnance Survey-derived data. I see that Bill's asked The Big Question
while I've been writing this, but here's my two-penn'orth anyway...

11.1 still says "By submitting, posting or displaying Your Content in
the Service, you give Google a perpetual, irrevocable, worldwide,
royalty-free, and non-exclusive license to reproduce, adapt, modify,
translate, publicly perform, publicly display and distribute Your
Content through the Service and as search results through Google
Services." And it goes on to refer through a series of links about how
to use robots.txt to have Our Content removed from search results.

But my concern is not about search results: it's about geographic data
which I can't license to Google to reproduce, adapt, modify,
translate, publicly perform, publicly display and distribute "for the
purpose of enabling Google to operate the Service, [and] to promote
the Service (including through public presentations)." Because I don't
use GGeoXml or static maps, Google doesn't need that licence to
operate the service in respect of My Content; my data goes nowhere
near Google's servers. I can display it on a website, and Google's API
provides a means to do so, but Google isn't getting the data and
doesn't need to be licensed for it. And (as required by 11.3) I
**can't** give Google a blanket licence to use My Content in promoting
the service because I have no control over what form that "promotion"
takes.

While the blog post attempts to explain the Terms and what is meant
and how they are intended to operate, they need to stand on their own.
One can't rely on a blog post gloss, unless it's incorporated into the
Terms. And the blog doesn't explain why Google needs the licence it
claims in order to "operate the Service".

One way around this would be to allow developers to restrict Google's
licence under 11.1 by including something like &licence=no in the key
string, which would of necessity make GGeoXml, static maps and the mld
server unavailable. Leaving it out, the default position, means that
Google is licensed to do whatever it thinks is desirable and necessary
with the data. Or: Google can simply get (buy!) a licence from
Ordnance Survey to allow them to use OS-derived data in any way they
believe desirable and necessary.

Andrew
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