Agony and Confusion over Google Map's Developer API TOS. Please help, desperate :(

[Drew Johnston]

Hi! I have a question regarding Google Maps API and mapping services in general that has been KILLING me for the past year and I would truly appreciate if someone can put this to rest for me.  It’s in regard to Google’s Terms of Service and what exactly they allow and don’t allow with their free API.

 

I have a project I’m trying to get off the ground, you can see it here: http://bit.ly/lJfupZ

 

Quick explanation of what the site does: You can create Location Maps, which are commonly used maps on Film and Television Production Shoots (but also good for planning any kind of event).  A picture is worth a thousand words: http://bit.ly/s6k7xi

 

The user is given the ability to map a location.  Once they’ve chosen the location they can add text boxes, pins, driving directions, upload images and edit colors all to create a nice Location Map like the one in link above.  When user is finished, they are given the ability to download and/or email their map as a PDF (as shown in link).

 

It is important to note that our website currently has a pricing page and we may want to charge for our service in the future BUT … NOT RIGHT NOW… We are using the free API so we are offering the service free.  When we want to charge we will buy the Premium API and that is a separate discussion.

 

So to the problem: First, GoogleMap’s API TOS was not written for the average person.  I’ve read it inside and our and while some points are clear I can’t come to a definite conclusion as to whether or not my site abides by their API.  Second, getting a straight answer from a real life person at Google is damn near impossible.

 

I’m looking for two things:

 

1) Opinions (Or definite answers) as to whether or not I am safe under Google’s free API TOS

 

2) Help on getting in touch with a real life Google Maps PERSON who can give me a real answer.

 

Any help anyone can give me would be REALLY appreciated.  This has been driving me crazy and my project has been stuck for the longest time because of it.

[Andrew C Leach]

On 5 November 2011 20:50, Drew Johnston <7tic...@gmail.com> wrote:
> Hi! I have a question regarding Google Maps API and mapping services in
> general that has been KILLING me for the past year and I would truly
> appreciate if someone can put this to rest for me.  It’s in regard to
> Google’s Terms of Service and what exactly they allow and don’t allow with
> their free API.

Probably worth pointing out to this group that this question was also
asked in the Version 2 Group and has received some answers.
http://groups.google.com/group/google-maps-api/browse_thread/thread/7e47a18f47206ef0

That doesn't stop more opinions being expressed of course, and I'll be
interested -- as will Drew, I expect.

[Joseph Elfelt]

Have you seen this FAQ?
http://code.google.com/apis/maps/faq.html

Within that FAQ there is this item:

"Can I use the Google Maps API on a commercial website?

As long as your site is generally accessible to consumers without
charge, you may use the Google Maps API. For example, if your website
is supported by advertising, it likely falls within the Google Maps
API Terms of Service. If you charge people to place information on
your map (e.g. to list their homes for sale), but you display this
information using the Google Maps API on a free part of your site,
you'll also meet the Google Maps API Terms of Service.

However, not all commercial uses are allowed. For example, if your
site meets any of the following criteria you must purchase the
appropriate Google Maps API Premier license:

Your site is only available to paying customers.
Your site is only accessible within your company or on your
intranet.
Your application relates to enterprise dispatch, fleet
management, business asset tracking, or similar applications.

Remember, Google reserves the right to suspend or terminate your
use of the Google Maps API at any time, so please ensure that you read
the Terms of Service carefully."

[Michael Geary]

The fact that you plan to charge for your service in the future is not a problem for now, because at the moment it is open to anyone for free. The TOS is only concerned with what you *actually do* with the API, not what you *may do* in the future.

However, your PDF maps are "derivative works" that almost certainly violate this section of the TOS:

10.1.3 Restrictions against Data Export or Copying.

(a) No Unauthorized Copying, Modification, Creation of Derivative Works, or Display of the Content. You must not copy, translate, modify, or create a derivative work (including creating or contributing to a database) of, or publicly display any Content or any part thereof except as explicitly permitted under these Terms. For example, the following are prohibited: (i) creating server-side modification of map tiles; (ii) stitching multiple static map images together to display a map that is larger than permitted in the Maps APIs Documentation; (iii) creating mailing lists or telemarketing lists based on the Content; or (iv) exporting, writing, or saving the Content to a third party’s location-based platform or service.

Sorry!

-Mike

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