New TOC, the Saga Continues

[hmcclungiii]

I really don't know what to think about the new TOC. We really need to
know what is going on. In communication with another developer, here
is a partial transcript of one email ...

-------------------------------------------
For several months now, I've been working on an ActiveX interface to
the API for Windows developers which is currently undergoing beta
testing. We were planning to release to the public over the next week.
Now I fear my new business will soon be destroyed because of the new
TOC, and as a result, all development and beta testing has been halted.

How is it enforceable? I'm sure it would not be much of a technical
or expensive undertaking for them to prohibit communications from
software based on "User-Agent", or other similar fields. If such
actions occur, would it not make all of our work a waste of time?

If the implications of this new TOC are true ... what is the point of
the API? Aside from the "commercial" edition, which also seems to
be a topic who's details are being left undisclosed, what are we
supposed to do? Develop an entirely separate application for each of
our clients/customers? That would, it seems, be such a waste of time
that the profitability of any undertaking would be mute.
-------------------------------------------

I've read all the posts, blogs, etc., on this subject and there is NO
substantial information. Even Mr. Chanezons "official answer" at
http://adwordsapi.blogspot.com/2005/11/adwords-api-terms-and-conditions-thank.html
isn't an answer at all, but only an acknowledgement of our concerns.

Aren't nearly all of the libraries and applications already published
now a violation of the TOC (aside from those published by Google
themselves)? Also, what is the point of the wiki if more than one user
cannot use the same application?

Any ideas, comments, remarks, etc., regarding this matter would be
greatly appreciated. What should we do, if anything?

[Patrick Chanezon]

I'm sorry hmcclungii, but an acknowledgement is all I have to offer you for now.
Thanks for the email transcript.

P@

--
Patrick Chanezon, AdWords API evangelist
http://blog.chanezon.com/
http://www.google.com/apis/adwords/

[Akbar]

Hi hmcclungiii,

> Develop an entirely separate application for each of
> our clients/customers?

This is not really a solution. Sell your program as an "Internal-Use
Only AdWords API Client" to each of your clients/customers means also
to give away your source code!
Read the TOC:
"Internal-Use Only AdWords API Client" means a Custom AdWords API
Client developed only for one party.
"Custom" for the purpose of this definition means that all copyright
rights (including license rights) in the source and object code of the
Internal-Use Only AdWords API Client are owned and held solely by the
Owner.

[hmcclungiii]

> give away your source code!

Which is exactly what I mean. If I have to give all rights, including
the source, to each client, or per application, then I would have to
"Develop an entirely separate application for each".