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.