[Talk-it] [OSM-talk] Google WMS: is this legal?

[simone gadenz]

I dropped the message to the list because for me was obvious the service was violating the term of Google's license but i was not sure it was illegal. In any case I was worried of the implication for the OSM. Can this service be a problem for the OSM community and in case Is OSM able to cope with this situation to avoid future lawsuits?


On Mar 30, 2010, at 1:32 PM, Ian Dees wrote:

> On Mar 30, 2010, at 6:08 AM, andrzej zaborowski <balrogg at gmail.com>  
> wrote:
> 
>> On 30 March 2010 10:53, Gregory <nomoregrapes at googlemail.com> wrote:
>>> He could keep the page and program up there but
>>> should put warnings
>> 
>> I don't think it's even legal for him to have this service? Doesn't
>> google TOS prohibit both storing the tiles and republishing outside
>> google's own api?
>> 
> 
> We need to be careful about our words. Tracing data into OSM from any  
> source could be a violation of the terms of use of the service, but it  
> is definitely not illegal. The cops do not yet have the power to come  
> arrest you for a terms of use violation in any jurisdiction I know  
> about. The company could sue you or OSM (thus why we discourage it  
> strongly), but it's not illegal.
> 
> I think a newbie coming to OSM that sees "it's illegal!!!" might be  
> put off by the potential for police action since.
> 
> Of course as soon as I send this someone from Europe will tell me  
> their database/data collections law applies, but I don't think it  
> does. You're still creating a derivative work, not copying someone's  
> collection of data.
> 
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