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

[Ian Dees]

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.