Thanks for that Andrew, as I mentioned it is best to check with your own lawyer to see if they think you will be within the Terms in your specific country :)
-- Luke On Fri, Apr 15, 2011 at 2:46 AM, Andrew Leach <[email protected]>wrote: > On 4 April 2011 11:16, Andrew Leach <[email protected]> wrote: > > > > If the intention of the Terms is to enforce a payment to Google for > > something which does not affect access to the map and is not in their > > control (like database space), then the Terms should make that > > explicit. The use of the word "require" would indicate otherwise. > > Sorry to drag this thread up again, but it seems Luke's comments may > have been based on the new Terms -- which weren't published on 4 > April, but which he would certainly have known were in the pipeline. > > The new Term 9.1.1 says "Your Maps API Implementation must be > generally accessible to users without charge and must not require a > fee-based subscription or other fee-based restricted access. This rule > applies to Your Content and any other content in your Maps API > Implementation, whether Your Content or the other content is in > existence now or is added later." > > I still maintain that the purchase of database space to allow more > content to be stored doesn't fall into the "Your Content" clause here. > There is no charge to access the map, or My Content in the map > (however much there is of My Content). There is a charge to store > data; once it's stored and *becomes* My Content [that is, "added > later"] then it's freely available to anyone who accesses the map. > That's compatible with the Terms. > > As an aside, albeit related, I doubt that a UK court would allow > Google to restrict my trade in My Content anyway, since (a) Term 11.1 > cedes all claim to it and (b) it is possible to provide a free > generally-accessible Implementation, while reasonably protecting my > investment in my data. It is likely that, under Term 19.3, the > sentence "This rule applies..." should be struck out in the United > Kingdom. > > -- > You received this message because you are subscribed to the Google Groups > "Google Maps JavaScript API v3" 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-js-api-v3?hl=en. > > -- You received this message because you are subscribed to the Google Groups "Google Maps JavaScript API v3" 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-js-api-v3?hl=en.
