Hi Andrew,
Very interesting.  Reading your response, it sounds as though, in your
opinion (recognizing that YANAL, and thus I will need to persuade
myself/consult a lawyer myself), the idea that certain overlays are not
accessible to the guest account does not change the fact that the 'Maps API
Implementation' is generally accessible as required by the ToS.

ie: The 'Maps API Implementation' must be generally accessible, while a
specific overlay or control need not be.

While this could circumvent the spirit of the law (contentless guest map), I
don't think my implementation is in danger of that, as the overwhelming bulk
of data is available to the guest map.

Any other thoughts?  (or anyone else... kinda curious to know if theres a
consensus on this out there, or a variety of interpretations).

Josh

On Wed, Feb 25, 2009 at 7:48 AM, Andrew Leach (Maps API Guru) <
[email protected]> wrote:

>
> On Feb 25, 12:31 pm, Josh Rosenthal <[email protected]> wrote:
>
> > Thoughts?  Am I missing something?
>
> My thoughts are...
>
> "Generally accessible" doesn't mean "on the whole", or "most of it".
> It has a specific legal meaning of "accessible to the general public"
>
> 9.1 says "Your Maps API Implementation must be generally accessible to
> users without charge," and you have said that anyone can get to your
> map. That satisfies that condition.
>
> 9.1 says "You may require users to log in to your Maps API
> Implementation if you do not require users to pay a fee," and you have
> stated that your logins would be free. That satisfies that condition.
>
> 9.1 says "Your Maps API Implementation must not require a fee-based
> subscription or other fee-based restricted access," and you have
> stated that it won't: access is free. That satisfies that condition.
>
> Where there is any conflict or ambiguity, the TOS override the FAQ,
> which are there to provide a gloss, with specific examples. I think
> that restricting data with a free password is acceptable. In the end,
> the decision is yours and you may need your own lawyer to convince you
> one way or the other.
>
> Andrew
> not a lawyer
> >
>

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