Thank you for your response Mike and thank you for checking with Chris.

Is it possible to view whatever statement(s) Google issued that allowed DEP to move forward in their implementation of kml delivered content (and btw very nicely done!) on top of GE?

I'm not a lawyer either, and was why I decided to ask some lawyers in addition to the participants on the Google Earth Pro discussion forum and the members of the GeoLibray listserv if there is an authoritative listing of permissible uses under each type of license from Google and, in so defining, what distinguishes individual use from professional use? and if no such listing exists, shouldn't this community ask Google to develop one?

In response to these two questions, Professor Onsrud writes:
"Kelly, I would guess that there is no "authoritative listing of permissible uses under each type of license" and I would guess that if you ask you won't get one. Google will typically want to pursue alleged infringements on a case by case basis when and if in their opinion they occur. Language is often kept imprecise in such instances to place a chilling effect on reaching too far and to encourage users to buy the commercial license if in doubt. We have avoided using Google Earth in at least one research prototype because of the potential cloud created by their licenses. Best, Harlan"
Harlan Onsrud's article " Implementing Geographic Information Technologies Ethically" that appeared in ESRI's ArcNews (Fall 2008, Vol. 30 No. 3) speaks to the heart of this matter and is recommended for further reading.

V. Kelly Bellis, PLS 2099
Horizon Surveying Company, Inc.
17 Union Street
Ellsworth, ME 04605
207.667.6912



At 05:08 PM 12/19/2008, Michael Smith wrote:

I spoke to Christian Halsted about this, who is very likely state
government's most senior Google Earth expert.  DEP researched the
legality of Google Earth before committing to it, and they contacted a
senior Google executive who oversaw the Google Earth product.  According
to that executive, the product is free to be used anywhere by anyone for
viewing KML or WMS data, or other data that it natively supports.
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