The sticking point with this, as with most geo APIs which depend on non-free data, is the terms of use:
"The data in the API is our intellectual property or that of our partners who provided it to us. It is not yours and we are not granting you any broad license to use this data outside of the use of the API."
"You agree that you will not, and will not assist or enable others to:
a) cache, record, pre-fetch, or otherwise store any portion of the Company Content or attempt or provide a means to execute any "bulk download" operations;
...
j) make requests against the API that are not user initiated;"
As you might guess, the ownership over the data is a tricky issue, where there are many variables that aren't under our control. Our objective is to make the information as open as possible within these constraints. One thing to note, however, is that the userview portion (i.e. the data that an app WRITES to the API) does remain under the app's control (i.e. developers don't relinquish ownership). Over time, we do think there will be an opportunity to have developers contribute their improvements to a common pool of information to benefit everyone.
This is why I don't understand copyright law. Aren't data facts? Facts can't be copyrighted, right? Where a business is located is a fact. How can they say how someone else can use that fact?
Facts are not copyrighted, but a collection of facts as such may be copyrighted, assuming there is some creative activity involved in compiling the collection. So, a list of the most common English words would be copyrighted, since there is creative effort involved in deciding whether a word is common.
IANAL, but I think you're right. They really can't tell you what to do with public data even if they provided it to you, because as you said you can't copyright facts. Feist Publications vs. Rural Telephone Services is the most relevant case:
It gets hairy though because you are agreeing to their terms of use in return for the API key, and I'm not sure how that factors in. They're well within their rights to refuse service to you, but if you were able to scrape their data without agreeing to their terms, it may be legal.
Of course there's a million other places to get this data, and I'm not suggesting you scrape theirs. But I don't think there's anything stopping you legally, just some FUD in their TOS.
Would be very curious to hear from the site owners on this topic.
Comments
The sticking point with this, as with most geo APIs which depend on non-free data, is the terms of use:
"The data in the API is our intellectual property or that of our partners who provided it to us. It is not yours and we are not granting you any broad license to use this data outside of the use of the API."
"You agree that you will not, and will not assist or enable others to:
a) cache, record, pre-fetch, or otherwise store any portion of the Company Content or attempt or provide a means to execute any "bulk download" operations;
...
j) make requests against the API that are not user initiated;"
http://code.google.com/p/geo-api/wiki/TermsOfUse
Well, thankfully there is http://www.openstreetmap.org
As you might guess, the ownership over the data is a tricky issue, where there are many variables that aren't under our control. Our objective is to make the information as open as possible within these constraints. One thing to note, however, is that the userview portion (i.e. the data that an app WRITES to the API) does remain under the app's control (i.e. developers don't relinquish ownership). Over time, we do think there will be an opportunity to have developers contribute their improvements to a common pool of information to benefit everyone.
This is why I don't understand copyright law. Aren't data facts? Facts can't be copyrighted, right? Where a business is located is a fact. How can they say how someone else can use that fact?
Facts are not copyrighted, but a collection of facts as such may be copyrighted, assuming there is some creative activity involved in compiling the collection. So, a list of the most common English words would be copyrighted, since there is creative effort involved in deciding whether a word is common.
http://www.iusmentis.com/copyright/crashcourse/protection/
Think contract law, not copyright law.
By signing up, you are making a contract with geoapi. If you violate that agreement, then they'd (potentially) have a case for breach of contract.
IANAL, but I think you're right. They really can't tell you what to do with public data even if they provided it to you, because as you said you can't copyright facts. Feist Publications vs. Rural Telephone Services is the most relevant case:
http://en.wikipedia.org/wiki/Feist_Publications_v._Rural_Tel...
It gets hairy though because you are agreeing to their terms of use in return for the API key, and I'm not sure how that factors in. They're well within their rights to refuse service to you, but if you were able to scrape their data without agreeing to their terms, it may be legal.
Of course there's a million other places to get this data, and I'm not suggesting you scrape theirs. But I don't think there's anything stopping you legally, just some FUD in their TOS.
Would be very curious to hear from the site owners on this topic.