[Freegis-list] Gaia project interruped by Google

[Nils Faerber]

Well, IANAL but...
This license only covers the data itself, not the software.
What Gaia did was to distribute *software* to get the data, not the data
itself. And since reverse engeneering is legal in many countries, like
Germany where I live, I think that the Gaia software itself is legally
absolutely fine - if no original sourcecode from Google Earth is used in
it (which I doubt but cannot check anymore :(

But there is the moral side effect of it.
The Google people are for sure right that projects like Gaia would
endanger their product or rather the way they currently exploit it.

For the time being and Google Earth still beeing a free service this is
a problem and I also think it is a wise decision to retract Gaia source
- for now.

But noone guarantees that Google Earth continues to be a free service.
What if it would be no more?

I am personally unsure which side I am on.

On the one hand I have pityful understsnading for Google Earth's
position. They really might get into trouble with the data providers
(thouh I doubt this a little).
On the other hand who the heck they think they are to forbid someone to
talk about his/her research results (which this retract bid actually
is)? In the sense of free software and free knowledge flow this is an
absolute no-no.

So what do we want?
The luxury of being able to browse the world with a proprietory client
software we have no control over using a service that might one day
start to cost money?
Or do we want to promote free software and free knowledge about it?

If Google has such a strict licensing with the data providers they could
have done a better job in hiding the protocol, e.g. crypting it... but
again I cannot even check taht anymore :(


My 0,05€...
Cheers
  nils


Cristiano Giovando schrieb:
> On 11/26/06, Luis W. Sevilla <cresques at gmail.com> wrote:
>>
>>
>> What's the clause of Google's Terms of Service gaia was not respecting?
>> I've read it twice, and says anything against using it.
>>
> 
> It seems pretty clear....
> 
> 3.    PROPRIETARY RIGHTS
> (a) You are only licensing rights to use the Software and the geographical
> information available to be viewed using the Software. The Software, in
> whole
> and in part and all copies thereof, are and will remain the sole and
> exclusive
> property of Google. Further, you do not receive any, and Google and/or its
> licensors (if any) retain all, ownership rights in the geographic
> information
> displayed using the Software. The geographic information is copyrighted and
> may not be copied, even if modified or merged with other data or software.
> Your use and access of the geographical information may be subject to
> further
> license requirements or obligations.
> 
> 
> BTW, see the update http://gaia.serezhkin.com/
> 
> 
> -C
> 

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