[back]
01/14/03 "Terms of
Service, Licensing, Google TOS, AOL Case" 
[next] 01/14/03 "Terms of
Service, Licensing, Google TOS, AOL Case" [next]Google TOS regarding APIs
Oops! I failed to clarify the Terms of Service in my diary entry for "automating" queries (011203) You can read the Google API Terms of Service at this URL: http://www.google.com/apis/api_terms.html In general, one cannot, without express written permission from Google first, use their API for the following: 1) any commercial service, 2) any service which competes with a service Google already offers. In my example code, I'm using it to pull up my own sites information, so I am certainly not in violation of their TOS, but be careful what you do with the API for other uses. Google suggests using their API to (and these are direct quotes):
"auto-monitor the web for new information on a subject ... glean market research insights and trends over time ... invent a catchy online game ... create a novel UI for searching ... add Google's spell-checking to an application ..."
I just wanted to add clarification because I saw some questions around various search engine forums about this API and its use. I also found this particular paragraph interesting in their TOS:
"If you have questions on your contemplated use or if you have comments on Google's Web APIs or ideas on how to improve it, please email [see TOS]. Please note that by doing so, you also grant Google permission to use and incorporate your ideas or comments into Google Web APIs without further compensation ..."
Perhaps I'm not fully understanding this, but this means to me: if you come up with a good idea that has commercial appeal and you use their API and ask for permission -- as you must, then they can have your idea and pay you nothing. Hmmm, good deal lol :)
More on licensing your scripts - the meaning of "free"
While this isn't just related to PHP, this raises a good question on licensing and TOS in general and what one can and can't do with "free" scripts. Remember that if you learn how to write your own, you never have to rely on other program libraries restrictions, so keep that in mind. If it's "free" it doesn't necessarily mean it's free. There has long been discussion on what GPL is and what it really means and how it affects the work you produce with GPL licensing.
Reference: GPL license: http://www.opensource.org/licenses/gpl-license.php
Note the following sentence: "You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee."
It is permissible to charge for installing scripts that are GPL'd. It is permissible to charge for warranting the installation of GPL'd software. It is not permissible to attempt to patent program code that has been GPL'd. I am not an attorney, nor am I trying to be in this diary entry, but a lot of the law seems to me like common sense. The GPL was really designed to say: "it's ok to use, it's ok to distribute, just realize that it is not OK to attempt to claim you are the creator of it and to try and enforce a patent on it" Whatever the case, one should just remember that it does not say that one cannot profit off work that has been GPL'd. In a sense, anybody who has ever sold a program he/she wrote in PHP is profiting off of a GPL (PHP itself is GPL'd).
Watch the rights you can give away for download sites
Some download sites have extra rights that they try to attach/impose upon your work for the "privilege" of listing your applications in their directories. Be sure to read their TOS carefully, and ask questions whenever there is any doubt. No answer to a question, is also an answer of sorts.
Having an attorney to review your program licensing structure is a good idea
If you intend to sell your program, then having an attorney review your licensing structure is wise. I think, though, in reality there is very little blatant thievery that goes on. Sure, there are people who will cheat on site licenses (license allows for one website license and customer uses on multiple sites), but the individual pirate has never been the problem in the big picture. This is where I have always believed that the record industry is going off base with their attacks on software like Napster. I mean, what about music that is long since out of print? How does one make archival copies of work they've already purchased on 8-track or Vinyl if they don't have these players any longer? I'm not saying or suggesting that people should be illegally trading music in any format that they didn't buy (or acquire some other way legally), so hopefully I'm not misunderstood here.
As I was doing research for my weekly Script School radio show early on, I learned that if I wanted to play copyrighted music, all I had to do was complete the appropriate paperwork and pay the ASCAP, BMI royalties and that I didn't have to actually own/purchase/buy all the music I was playing. I double and triple checked this information. So, I could go suck down songs from Napster-like services and play them on my station so long as I abided by the other ASCAP/BMI/etc rules? The answer I kept receiving was yes. There was a caveat that I not archive the music longer than 6 months, but there was nothing that kept me from obtaining music to play on my station through these means. Ultimately, I became confused by the whole music licensing process, and elected to create my own music, use royalty-free sounds and find other others off sites like mp3.com who would give me permission to play their work on my radio show and that is the way it is today, some 128 two-hour weekly shows later.
I realize this PHP diary entry has digressed into more of a political / philosophical diary entry, but it has relevence to the php programmer in that sooner or later if/when they want to build and distribute full applications on their own there is legal side to deal with.
AOL - Steve Case steps down
Interesting news with Steve Case stepping down from AOL. It made me think of how programming in any language for the web still involves dealing with the third browser. You have IE, AOL-IE and NetScape with any of your design efforts. Especially I've learned that if I'm sending HTML mail out, dealing with AOL can be a bit more challenging.
Happy coding to you!
Please vote on the usefulness of this diary entry so other people will know if it is worth their time to read :)
New forum for discussion of diary entries
The homeroom at Script School is available to discuss this and other php-scripts.com diary entries. You must be an enrolled student at Script School to add comments to these diary entries.
[back] 01/14/03 "Terms
of Service, Licensing, Google TOS, AOL Case" [next]
Home: PHP Diary | Script School | PHP Scripts | TD Scripts.com
Copyright 1999-2003 php-scripts.com Last Modified 01/14/03 12:00