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Terms of use -- clarification?


slycrel
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I am the author of Geopher Lite on the iPhone. I've been very careful to adhere to the terms of use of geocaching.com. I have seen other software for the iphone that allows a user to upload a pocket query or GPX/LOC files to a website and then have these programs re-serve that data to an end user.

 

Do the terms of use of geocaching.com actually allow this? Have I missed a loophole somewhere? I'd love to be able to do this for my users, but my impression was that this was a bad thing and forbidden by the terms of use.

 

Any clarification here would be greatly appreciated.

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I am the author of Geopher Lite on the iPhone. I've been very careful to adhere to the terms of use of geocaching.com. I have seen other software for the iphone that allows a user to upload a pocket query or GPX/LOC files to a website and then have these programs re-serve that data to an end user.

 

Do the terms of use of geocaching.com actually allow this? Have I missed a loophole somewhere? I'd love to be able to do this for my users, but my impression was that this was a bad thing and forbidden by the terms of use.

 

Any clarification here would be greatly appreciated.

There is a good possibility you are going to get alot of varied answers here...your best bet is to send an email off to contact@geocaching.com and get it cleared up with those in charge...

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Seem pretty obvious to me. If you want to upload it to your own site, strictly for your own use, that's allowed. Uploading it to someone else's site... not so much.

 

Licensee shall not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide access to the Data, Related Materials, any updates, or Licensee's rights under this Agreement to any third party whatsoever.

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Seem pretty obvious to me. If you want to upload it to your own site, strictly for your own use, that's allowed. Uploading it to someone else's site... not so much.

 

Licensee shall not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide access to the Data, Related Materials, any updates, or Licensee's rights under this Agreement to any third party whatsoever.

 

This is what I have understood as well. However, there seem to be a few people doing this and no apparent repercussions, so I was just curious. I don't want to go about this the wrong way. More discussion would be helpful here, I'll let you all know what I find out as well.

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Sometimes Groundspeak grants permission to do what you're describing. GPX Spinner had permission to do it, before I changed the architecture so uploading wasn't needed any more. Itsnotaboutthenumbers.com has permission to allow uploading GPX files. Email Groundspeak and ask.

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That's a good question, what about sites like iGeocacher? Maybe that's okay because the user who uploads their pocket query will be the only one with access to their data?

 

It's probably a violation of the terms as you're transferring your GPX file to another service. The host still has access to all of the data, not just the uploading user.

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That's a good question, what about sites like iGeocacher? Maybe that's okay because the user who uploads their pocket query will be the only one with access to their data?

iGeocacher seems to also be using Groundspeak's icons. I wonder if permission for that was also asked for and given. I kinda doubt it. Groundspeak has an artist under contract who creates those images. They're not Public Domain.

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