First I would like to thank you all for your support! I believe that your emails, posts and comments, regarding yesterdays blog post, made a difference. It’s great to hear from you – it’s what makes writing software for fun, erm.. fun!
I just received a detailed message from the Director of Products at Ordnance Survey, apologising for the communication regarding the disabling of the service. He explained, that this is not a “derived data issue“, but rather to do with the licenses:
The issue we seem to have with your application is related to the Terms and Conditions of Google Earth, which end users viewing your data accept when they decide to use that product. These Terms state that by using your content (Ordnance Survey data) in Google Earth you/they grant Google a right to that data (“By submitting, posting or displaying Your Content in the Service, you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute Your Content through the Service and as search results through Google Services”). You or end end users of your application do not have the right to grant Google any rights to Ordnance Survey data, and that’s really where the problem is. Google claims similar rights when you use the Google Maps API.
We at Ordnance Survey do not understand why Google would require this perpetual right to data that their users only want to display, and are therefore working with Google’s lawyers to get these terms changed or at least get a formal clarification.
IANAL, but I think this is referring to the Google Earth License and it’s reference to the Google Terms of Service. Now to me this seems to only refer to search within Google Earth. That said, I couldn’t see references to the Google ToS in the Chrome license.
In the mean time, the OS have already re-enabled my Openspace API key but:
The purpose of re-instating this key is to allow you to explore these other tools. You will need to make it very clear on your web pages that the KML stream is not to be used within Google Earth, as that would breach your licence.
For now, I will add a this to the relevant pages, but I hope we can clear it up soon.