"We find that the vast majority of GIS usage simply requires veiwing mutliple data sets to enable a person to use their brain to conduct overlay analysis and proximity analysis." Yes, that...and god help you if you don't have a nice and easy "click here to print" solution for them. J From: Maine GeoLibrary [mailto:[log in to unmask]] On Behalf Of Kroot, Christopher Sent: Monday, December 22, 2008 4:31 PM To: [log in to unmask] Subject: Re: What's Permissible and What's Not? Hello All I spoke with a Google Earth executive and described what the Maine DEP is doinf with Googe Earth. He said that as long as the KML we create from our system is being displayed on Google Earth and is free for people to use then all is OK. He said that one of the issues that often arise is that people want to use one or more of the Google Earth tools or functions (like a geocode engine) and then bring the result back to their own system ( not displaying results in Google Earth), this requires Google Earth licensing. If all you are looking for is to display data and use tools in the Google Earth viewer to navigate and select data for veiwing in Google Earth then all is good. This alone provides a great deal of value. One of our main objectives is to keep our web mapping simple and people love it. We find that the vast majority of GIS usage simply requires veiwing mutliple data sets to enable a person to use their brain to conduct overlay analysis and proximity analysis. Christopher Kroot GIS Manager Office of Information Technology Maine Department of Environmental Protection Station # 17, Ray Building, AMHI Complex Augusta, ME 04333 [log in to unmask] 207-287-6167 ________________________________ From: Maine GeoLibrary [mailto:[log in to unmask]] On Behalf Of Kelly Bellis Sent: Friday, December 19, 2008 9:27 PM To: [log in to unmask] Subject: What's Permissible and What's Not? 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 <http://groups.google.com/group/earth-pro/browse_thread/thread/82aa50608 5859285> 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 <http://www.esri.com/news/arcnews/fall08articles/implementing-gi-technol ogies.html> " 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. <http://home.gwi.net/surveyor/horizon> 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. ----------------------------------------------------------------------- This list (GEOLIBRARY-L) is an unmoderated discussion list for all Maine GIS Users. If you no longer wish to receive e-mail from this list, you can remove your name and email address yourself at the this web address: http://lists.maine.edu/cgi/wa?SUBED1=geolibrary-l&A=1 Or,you may also request that your name be removed by sending email to: [log in to unmask] ----------------------------------------------------------------------- This list (GEOLIBRARY-L) is an unmoderated discussion list for all Maine GIS Users. If you no longer wish to receive e-mail from this list, you can remove your name and email address yourself at the this web address: http://lists.maine.edu/cgi/wa?SUBED1=geolibrary-l&A=1 Or,you may also request that your name be removed by sending email to: [log in to unmask] ----------------------------------------------------------------------- This list (GEOLIBRARY-L) is an unmoderated discussion list for all Maine GIS Users. If you no longer wish to receive e-mail from this list, you can remove your name and email address yourself at the this web address: http://lists.maine.edu/cgi/wa?SUBED1=geolibrary-l&A=1 Or,you may also request that your name be removed by sending email to: [log in to unmask]