On 22 April 2011 23:44, Jim <[email protected]> wrote:
>
> This principal "terms of service" (TOS) issue is that section 9.1 of the TOS
> requires free public access to the API implementation, but it is unclear
> whether this requires just public access to the microscope viewer (i.e. the
> HTML page with the Maps API embedded), which wouldn't be an issue, or
> whether this would also require public access to the entire image database.
> The TOS envisions that the Maps API would be used with the Google Maps
> database, and doesn't seem to address the question of a non-Google map
> database.

Does it envisage that? Or does it simply envisage using the API? Note
that it only mentions "your maps implementation"; it doesn't mention
"your implementation of Google Maps tiles" or something like that.
That means that it's immaterial what the API is used to display. The
Terms license the use of the API code itself.

> So the
> question is whether we would be violating the TOS if we had part of the
> database freely accessible to the public, but also had our students using
> the Maps API to access a part of the database which was only available on
> our password-protected intranet?

The Terms say that your Maps API Implementation must be generally
accessible without charge. That rules out using the API [not just the
standard map tiles] behind a firewall. It also says that it "applies
to Your Content" -- which obviously covers your own tiles. I dispute
that Google can regulate what I do with my content; but they are
perfectly at liberty to regulate the use of their software, and the
Terms specifically prohibit using the free API on an intranet.

If you are thinking of making the entire application public, but
identifying users and only allowing certain users to see your content,
then Luke Mahe has stated that that use-case is covered and prohibited
by the second sentence of 9.1. That sentence could have been better
worded to close the loophole that I dispute.

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