Important: API key is no longer required

[Josh L]

Hi all,

Since the launch of the Google Earth Plugin v6 (API v.1007), the
unique domain-based API keys that were usually appended to the jsapi
loader have not been required.

With existing installations of the Plugin having been auto-updated to
at least v6.1 (and soon v6.2) we are now recommending that you do not
include the API in your applications, and recently, the documentation
has been updated to remove references to the API key requirement.

We hope that this change makes your API development simpler and
easier, especially for those of you deploying the same codebase on
multiple domains. If you have any questions, let us know.

Cheers,

-Josh

[StarTraX]

Does this mean that we users of the Google Earth API are no longer
constrained to operate within by the "Terms and Conditions" that was a
requirement to obtain the API Key.

[Josh L]

If you are referring to section 5.2 of http://code.google.com/apis/maps/terms.html,
then to be clear the Earth API specifically does not currently require
you to obtain an API Key anymore.

Please note that this requirement may change in future versions (for
example if the Earth API becomes part of the newer API's Console,
currently at http://code.google.com/apis/console), but if so it would
be a different key in any case.

Cheers,

  -Josh

[StarTraX]

Sorry for laboring this point, but does this mean that Google has
changes its policy regarding the commercial use of the API?
Section 9.1.1 (no no longer in force) required "Free Access". Does
Google now condone the application of a fee-based subscription to a
Maps API implementation?
This is a big change and could open up an exciting opportunity for us
to financially benefit from our inventions. I would hate to run
against Google's intentions by following this path.



On Feb 4, 9:33 am, Josh L wrote:
> If you are referring to section 5.2 ofhttp://code.google.com/apis/maps/terms.html,

> then to be clear the Earth API specifically does not currently require
> you to obtain an API Key anymore.
>
> Please note that this requirement may change in future versions (for
> example if the Earth API becomes part of the newer API's Console,

> currently athttp://code.google.com/apis/console), but if so it would

[barryhunter (KML Guru)]

What makes you say 9.1.1 is no longer in force? As you say it would be
a big change - not sure why Google would be changing that.


All that is different is the Earth APIs requirement for a key, as per
5.2. different APIs have always been able to opt/in out of the
requirement. Earth API has now opted out. The terms themselves are
unchanged.

[StarTraX]

Because section 9.1.1 relates to the use of an API Key. Now that we
don't need to use the key it seems to me that we are no longer
committed to the "Terms".

[barryhunter (KML Guru)]

huh?

this is what I see in 9.1.1:

>
> 9.1.1 General Rules.
>
> (a) Free Access (No Fees). 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.
>
> (b) Public Access (No Firewall). Your Maps API implementation must not (i) operate only behind a firewall; or (ii) only on an internal network (except during the development and testing phase); or (iii) in a closed community (for example, through invitation-only access).
>

that makes absolutely no mention of keys.

Certain parts of the API (for example Static Maps API v2 - or even v3
of the JS API) have not required keys since they where introduced.
They operate under the same terms.

[Josh L]

With the caveat that I am not a lawyer and any specific questions you
have about the ToS should be directed to your own legal counsel, I can
attempt to provide some general comments:

- As noted in section 5.2, some versions of the API's may require
you to use an API key. And some may not. The only thing that has
changed is that the Google Earth API (as of v6) no longer requires you
to use an API key. All terms still apply as before (including
section 5.2).

But to be more specific, I'm also unclear why you think section 9.1.1
relates to an API Key .. perhaps you are reading something other than
I am? If so, can you perhaps link to it, because section 9.1.1 of the
current terms at http://code.google.com/apis/maps/terms.html does not
seem to mention anything about API keys from what I can see..

Cheers,

-Josh

[StarTraX]

OK, here's the confusion:
The "Terms" that I initially referred to were those at
http://code.google.com/apis/maps/signup.html, acceptance of which is
mandatory before being issued with an API key, which was essential for
the use of the API.

The terms Josh refers to, at http://code.google.com/apis/maps/terms.html
are indeed identical to those for the API key, but a new user of the
API doesn't have to agree to those terms before using the API, so IMHO
is not constrained by them.
I'm not a lawyer either, but it seems to me that if you don't agree to
the terms, you aren't constrained by them.
that's my point.

On Feb 4, 10:28 am, Josh L wrote:
> With the caveat that I am not a lawyer and any specific questions you
> have about the ToS should be directed to your own legal counsel, I can
> attempt to provide some general comments:
>
>  -  As noted in section 5.2, some versions of the API's may require
> you to use an API key.  And some may not.  The only thing that has
> changed is that the Google Earth API (as of v6) no longer requires you
> to use an API key.   All terms still apply as before (including
> section 5.2).
>
> But to be more specific, I'm also unclear why you think section 9.1.1
> relates to an API Key .. perhaps you are reading something other than
> I am?  If so, can you perhaps link to it, because section 9.1.1 of the

> current terms athttp://code.google.com/apis/maps/terms.htmldoes not

[barryhunter (KML Guru)]

On Feb 3, 11:58 pm, StarTraX wrote:
> OK, here's the confusion:

> The "Terms" that I initially referred to were those athttp://code.google.com/apis/maps/signup.html, acceptance of which is

> mandatory before being issued with an API key, which was essential for
> the use of the API.

You need to agree to the terms to get a Key.

Reverse doesn't hold true. You don't need to get a key to have to
agree to the terms. See 2.1

>
> The terms Josh refers to, athttp://code.google.com/apis/maps/terms.html

> are indeed identical to those for the API key, but a new user of the
> API doesn't have to agree to those terms before using the API,

Yes they do. See 2.1

This is common legal practice. By using something you are agreeing to
its terms.

Another form of http://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat

If you dont agree, you cant use it.

> so IMHO
> is not constrained by them.
> I'm not a lawyer either, but it seems to me that if you don't agree to
> the terms, you aren't constrained by them.

Great! So if you dont agree with a Law, you don't have to abide by
it?


By existing in a country, you agree to abide by its laws. Whether you
like it or not, and whether you have signed some document (does any
country have such a document?).




Still seems like wishful thinking - like you can wish something away,
just because you don't like it.

[StarTraX]

Hmm interesting point.
Remember that you no longer have to "Click to Accept" to gain access
to the API (Section 2.1 (a)) so Google is now relying on 2.1(b) to
determine that you have agreed to the Terms.
I suspect if, push turned to shove, that without evidence that you had
seen the "Terms", then they wouldn't apply and couldn't be enforced.
Isn't there something about commercial conditions not being applicable
if they can't be enforced? By abandoning the requirement of agreement
to the Terms before the issue of a key, isn't Google abandoning its
protection of its rights?

On Feb 4, 11:16 am, barryhunter (KML Guru) wrote:
> On Feb 3, 11:58 pm, StarTraX wrote:
>
> > OK, here's the confusion:
> > The "Terms" that I initially referred to were those athttp://code.google.com/apis/maps/signup.html, acceptance of which is
> > mandatory before being issued with an API key, which was essential for
> > the use of the API.
>
> You need to agree to the terms to get a Key.
>
> Reverse doesn't hold true. You don't need to get a key to have to
> agree to the terms. See 2.1
>
>
>
> > The terms Josh refers to, athttp://code.google.com/apis/maps/terms.html
> > are indeed identical to those for the API key, but a new user of the
> > API doesn't have to agree to those terms before using the API,
>
> Yes they do. See 2.1
>
> This is common legal practice. By using something you are agreeing to
> its terms.
>

> Another form ofhttp://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat

[barryhunter (KML Guru)]

You've never had to "click to accept" to use the Static Maps API v2.
You've never had to 'click to accept' the terms to use the Google Maps
website. A number of Google APIs dont require a key, or clicking
anywhere to agree.

So you can just do what the hell you like with those resources -
because you don't believe their terms are enforceable?

This is not Google's first barbecue.


In fact there was a limited set of ways you could use the Earth API,
without a key (or at least a real one, could just insert a bogus one,
or one stolen from elsewhere) - so in that regard - nothing has been
abandoned, its always been possible without 'seeing' the terms.


... at the end of the day, if you want to choose it ignore the terms,
that is your choice. All I can say, is make you sure you find a
lawyer.

[StarTraX]

So was I dreaming when I had to click the I Agree box before being
issued with my Earth API key?
And was I also dreaming when my app (pre Version 6) failed when a) I
used someone else's key and b) when I scrambled my key?
Come on - if we are going to have a discussion, lets get the facts
right first!

[StarTraX]

The core of my argument is that Google DID require me to agree to the
Terms before issuing me with the key. I couldn't use the API without
the key and presumably, if I contravened the Terms they could disable
my key thus control my use of the API.

[Greg-WBSR]

Startrax is no stranger to doing what he wants - he is still using my
kmz files without my permission. He figures that since he was able to
find the direct URL location by reading my JS he is allowed to
download them and use them as he wants. When confronted, he 'kindly'
offered to host them himself instead of linking his users to my
webserver (which is what he was originally doing). I wonder how he
would feel if I was to download his application, reverse engineer it
(or whatever needs to be done) and steal his code?

Sorry to rant but it pi$$es me off

Greg

On Feb 3, 4:16 pm, barryhunter (KML Guru) wrote:
> On Feb 3, 11:58 pm, StarTraX wrote:
>
> > OK, here's the confusion:
> > The "Terms" that I initially referred to were those athttp://code.google.com/apis/maps/signup.html, acceptance of which is
> > mandatory before being issued with an API key, which was essential for
> > the use of the API.
>
> You need to agree to the terms to get a Key.
>
> Reverse doesn't hold true. You don't need to get a key to have to
> agree to the terms. See 2.1
>
>
>
> > The terms Josh refers to, athttp://code.google.com/apis/maps/terms.html
> > are indeed identical to those for the API key, but a new user of the
> > API doesn't have to agree to those terms before using the API,
>
> Yes they do. See 2.1
>
> This is common legal practice. By using something you are agreeing to
> its terms.
>

> Another form ofhttp://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat