On Oct 6, 4:15 pm, Fedearne <[email protected]> wrote:
> Hi
>
> Does anybody know if GMap.NET (http://greatmaps.codeplex.com/) is
> violating the terms of the Google Maps static API?

This post is personal non-legal opinion. It does not constitute legal
advice and you should satisfy yourself as to the legality (or
otherwise) of any use of Google's services. Opinion may not be copied
from this post unless accompanied by this disclaimer.

Having got that out of the way...

It appears the code constructs URLs to map tiles, including using an
API key. The use of the API key means that the person whose key it is
(the key includes data relating to an account and a URL) has agreed to
the API Terms of Service.

The Maps Service provides "Content" which comprises (among other
things) map tiles and positional data.

The API Terms of Service http://code.google.com/apis/maps/terms.html
include (10.1) "you must not (nor may you permit anyone else to)
access or use the Service or any Content through any technology or
means other than those provided in the Service, or through other
explicitly authorized means Google may designate." Constructing a URL
to access tiles directly would appear to contravene this. It's
possible that Google have allowed it, although in a forum reply the co-
ordinator didn't appear to know whether they had.

10.2 says "you must not (nor may you permit anyone else to) copy,
translate, modify, create a derivative work of, or publicly display
any Content or any part thereof" and the application appears to allow
others to display the Content.

10.3 says "you must not (nor may you permit anyone else to)  pre-
fetch, cache, or store any Content, except that you may store limited
amounts of Content for the purpose of improving the performance of
your Maps API Implementation if you do so temporarily, securely, and
in a manner that does not permit use of the Content outside of the
Service" and the application appears to allow caching of Content for
use outside of the Service.

10.5 says "you must not reverse engineer, decompile or otherwise
attempt to extract the source code of the Service or any part thereof"
and the application's code appears to use reverse-engineered or
extracted URLs from the API for getting tiles and directions -- even
though there is now a documented directions HTTP service.

10.14(g) "you agree not to impersonate another person or entity, or
falsify or delete any author attributions or labels of the origin or
source of Content, or other material" -- the application appears to
use a single key, which means users are -- possibly unwittingly --
impersonating the key owner. The application appears not to identify
Google's tiles as theirs.

10.14(i) "you agree not to delete, obscure, or fail to display the
Terms of Use link as presented through the Service or described in the
Maps APIs Documentation" -- it appears that the application does not
supply the Terms of Use link.

Despite the inclusion of an API key, the application doesn't actually
use the Javascript API nor is every HTTP method used authorised. If it
is argued that because the application doesn't use the API, it's not
bound by the API Terms of Service, its developer and users are still
subject to the Universal Terms of Service at http://www.google.com/accounts/TOS
-- "5.3 You agree not to access (or attempt to access) any of the
Services by any means other than through the interface that is
provided by Google, unless you have been specifically allowed to do so
in a separate agreement with Google. You specifically agree not to
access (or attempt to access) any of the Services through any
automated means (including use of scripts or web crawlers) and shall
ensure that you comply with the instructions set out in any robots.txt
file present on the Services."

Is that enough to be going on with? I haven't done a rigorous analysis
of the source, because C# isn't my thing. It's worth noting that there
are documented HTTP interfaces to some services (eg the geocoder), and
it's ok to use these in conjunction with a map. The application does
appear to use some documented HTTP interfaces.

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