Thanks Tony. As always ToS is quite the hot topic (4 discrete posts in the last day or so... and Andrew has responded to us all - thanks andrew!).
Most of the questions seem to revolve around whether or not one can have a peripherally connected component to an otherwise free map be fee based. Steve's pay-for save link functionality<http://groups.google.com/group/Google-Maps-API/browse_thread/thread/d4ebf5df8c91c2a3/1c5b6c0fe7148502?hl=en&lnk=gst&q=terms+of+service#1c5b6c0fe7148502> Your pay-for advanced search/differential display<http://groups.google.com/group/Google-Maps-API/browse_thread/thread/ac5ffa211fd9f1df/29185d69eee902b4?hl=en&lnk=gst&q=terms+of+service&pli=1> My free-but-limited differential display (Pandiego's SaaS app didn't give enough detail to gratuitously simplify<http://groups.google.com/group/Google-Maps-API/browse_thread/thread/005c1687a9397da4> ) In any case, it sounds like my map would be an issue if we charged for access to the archaeological material, but as we're providing it as a free service to legitimate users (according to the state's definition of em), and that the implementation itself is accessible under a guest account with to view the non archaeological material... so far so good. I'd love to hear some counter arguments, if anyone out there disagrees. Josh On Wed, Feb 25, 2009 at 9:34 PM, AnthonyP <[email protected]> wrote: > > Josh, > > Here's an older thread regarding this that may help -- > http://markmail.org/message/z2psjknkxv3s6ogn > > I'm kind in the same boat attempting to decipher the ToS. In your > case, I would say that you're covered (IANAL, either). > > -Tony > > > On Feb 25, 10:35 am, Josh Rosenthal <[email protected]> wrote: > > 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 > > > --~--~---------~--~----~------------~-------~--~----~ 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 -~----------~----~----~----~------~----~------~--~---
