[android-developers] Re: Maps API in paid App

2010-01-06 Thread Maps.Huge.Info (Maps API Guru)
WARNING: IANAL / IANAGE

If the Google Maps API terms are to be taken into account, then
publishing a paid app with a map could be considered a violation. Just
because your app hasn't been pulled doesn't mean a thing. I'm guessing
at least 50% of the apps in the market violate the market terms for
violation of copyrights (every sound board for instance), and they
aren't being pulled either. Does that mean they are in compliance or
does it mean that Google isn't proactive in enforcing their terms at
the moment?

According to definition, a commercial application is one that is
used for, connected with, engaged in, sponsored by or used in commerce
or commercial enterprises, such as AP News or Best Buy shopping. A
non-commercial application might be for a non-profit, a hobby site or
something along that line.

An application that requires payment to use is absolutely a non-free
use of the maps and is in violation of 9.1 of the Maps API TOS.

Then again, what do I know?

WARNING: IANAL / IANAGE (I a not Google Employee, however, I've
visited the Googleplex!)

-John Coryat
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[android-developers] Re: Maps API in paid App

2010-01-05 Thread jotobjects
Well I know the next reply will be hire an attorney and don't ask us
on this list but here goes anyway. :-)

Doesn't the Android Maps API TOS refer to and incorporate the general
Google Maps API TOS (with the prohibition about charging for the
app)?  That is the way I read it.  However if people are charging for
Android apps with the Maps API then I guess the answer is that Google
does not think there is a prohibition against charging for such an
app.

On Jan 5, 7:52 am, TreKing treking...@gmail.com wrote:
 I think you're reading the wrong TOS.

 When you sign up for a developer API key for Android
 (http://code.google.com/android/add-ons/google-apis/maps-api-signup.html)
 there is a a different TOS, which states:

 5.4. Subject to these Terms, you may develop, display and/or distribute your

  Maps API Implementation as part of a commercial or non-commercial
  enterprise.

 -
 TreKing - Chicago transit tracking app for Android-powered 
 deviceshttp://sites.google.com/site/rezmobileapps/treking

 On Tue, Jan 5, 2010 at 12:00 AM, mikek mik...@gmail.com wrote:
  According to the terms for use of Google Maps API,
 http://code.google.com/apis/maps/terms.html

  Incorporating the Maps API into your application is free as long as
  the app is also free. Otherwise, you need a commercial license. A
  commercial license for $10K is a heck of a lot of $1.99 apps.

  Does anyone have any insight on alternative payment structures for the
  Maps API.

  Excerpt from terms.html:
  9.1 Free, Public Accessibility to Your Maps API Implementation. Your
  Maps API Implementation must be generally accessible to users without
  charge. You may require users to log in to your Maps API
  Implementation if you do not require users to pay a fee. Unless you
  have entered into a separate written agreement with Google or obtained
  Google's written permission, your Maps API Implementation must not:

  (a) require a fee-based subscription or other fee-based restricted
  access; or
  (b) operate only behind a firewall or only on an internal network
  (except during the development and testing phase).

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Re: [android-developers] Re: Maps API in paid App

2010-01-05 Thread TreKing

 Doesn't the Android Maps API TOS refer to and incorporate the general Google
 Maps API TOS (with the prohibition about charging for the app)?


I don't think so ...

Section 1.2:
1.2. Unless otherwise agreed in writing with Google, the Terms will include
the following: 1) the terms and conditions set forth in this document (the
Maps APIs Terms); 2) the Legal Notices (
http://www.google.com/intl/en-us/help/legalnotices_maps.html); and 3) the
Privacy Policy (http://www.google.com/privacy.html). Before you use the Maps
APIs, you should read each of the documents comprising the Terms, and print
or save a local copy for your records.

As far as I can tell, that doesn't include the general Maps TOS. Does it say
otherwise somewhere else? (I really only skimmed it)

Also, in section 1.3 of the Android Maps TOS:
If there is any contradiction between what any Additional Terms say and what
the Maps APIs Terms say, then the Maps APIs Terms will take precedence only
as it relates to the Maps APIs, and not to any other Services.

To me that means that even if there is a conflict, the Android Maps TOS
takes precedence over the general TOS as it applies to Android Apps.

However if people are charging for Android apps with the Maps API then I
 guess the answer is that Google does not think there is a prohibition
 against charging for such an app.


Agreed. There are TONS of paid apps that use Google maps (including my own)
and they are not being pulled or banned (as far as I know and I, at least,
haven't been issued any warning regarding this use).

Also, IANAL - I love that acronym btw =)

-
TreKing - Chicago transit tracking app for Android-powered devices
http://sites.google.com/site/rezmobileapps/treking


On Tue, Jan 5, 2010 at 12:08 PM, jotobjects jotobje...@gmail.com wrote:

 Doesn't the Android Maps API TOS refer to and incorporate the general
 Google Maps API TOS (with the prohibition about charging for the
 app)?  That is the way I read it.  However if people are charging for
 Android apps with the Maps API then I guess the answer is that Google
 does not think there is a prohibition against charging for such an
 app.

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[android-developers] Re: Maps API in paid App

2010-01-05 Thread mikek
Thanks much! You're right of course, I was assuming the conditions of
the general Maps API TOS. It's clear that Google is not requiring a
fee for use of Maps API in Android apps.

On Jan 5, 10:22 am, TreKing treking...@gmail.com wrote:
  Doesn't the Android Maps API TOS refer to and incorporate the general Google
  Maps API TOS (with the prohibition about charging for the app)?

 I don't think so ...

 Section 1.2:
 1.2. Unless otherwise agreed in writing with Google, the Terms will include
 the following: 1) the terms and conditions set forth in this document (the
 Maps APIs Terms); 2) the Legal Notices 
 (http://www.google.com/intl/en-us/help/legalnotices_maps.html);and 3) the
 Privacy Policy (http://www.google.com/privacy.html). Before you use the Maps
 APIs, you should read each of the documents comprising the Terms, and print
 or save a local copy for your records.

 As far as I can tell, that doesn't include the general Maps TOS. Does it say
 otherwise somewhere else? (I really only skimmed it)

 Also, in section 1.3 of the Android Maps TOS:
 If there is any contradiction between what any Additional Terms say and what
 the Maps APIs Terms say, then the Maps APIs Terms will take precedence only
 as it relates to the Maps APIs, and not to any other Services.

 To me that means that even if there is a conflict, the Android Maps TOS
 takes precedence over the general TOS as it applies to Android Apps.

 However if people are charging for Android apps with the Maps API then I

  guess the answer is that Google does not think there is a prohibition
  against charging for such an app.

 Agreed. There are TONS of paid apps that use Google maps (including my own)
 and they are not being pulled or banned (as far as I know and I, at least,
 haven't been issued any warning regarding this use).

 Also, IANAL - I love that acronym btw =)

 -
 TreKing - Chicago transit tracking app for Android-powered 
 deviceshttp://sites.google.com/site/rezmobileapps/treking

 On Tue, Jan 5, 2010 at 12:08 PM, jotobjects jotobje...@gmail.com wrote:
  Doesn't the Android Maps API TOS refer to and incorporate the general
  Google Maps API TOS (with the prohibition about charging for the
  app)?  That is the way I read it.  However if people are charging for
  Android apps with the Maps API then I guess the answer is that Google
  does not think there is a prohibition against charging for such an
  app.
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