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Commercial use of Yahoo!-Placefinder

Hi,

I'd like to use Yahoo!-Placefinder API in a mobile application which I plan to sell via Internet for a small compensation of about 2 Euros ($2.58 at actual exchange rate).

The app would use Placefinder to geocode given addresses (convert from address to coordinates). This would not be the main functionality of the app, it is only an additional feature.

The API-Terms say in 1.g.IV:

QUOTE
YOU SHALL NOT:
Sell, lease, share, transfer, or sublicense the Yahoo! APIs or access or access codes thereto or derive income from the use or provision of the Yahoo! APIs, whether for direct commercial or monetary gain or otherwise, unless the API Documents specifically permit otherwise or Yahoo! gives prior, express, written permission


Could you please tell me if the kind of use I described violates these terms.

If so, could I make my app term-conform if I just provide the implementation to the user and he has to sign up for an API-key himself and type it in. In this case, the user would commit to a contract with Yahoo! (the terms of use would be the said contract). The app-provider (me) would not have any privity of contract to Yahoo!.
The only question remaining is if this implementation of the functionality to send a request to the API and parse the response violates any terms.

Please help me giving me legal certainty!!!

Thank you in advance!!!


MaxK.

by
2 Replies
  • QUOTE (makema.webdesign @ Jan 9 2011, 10:33 AM) <{POST_SNAPBACK}>
    Hi,

    I'd like to use Yahoo!-Placefinder API in a mobile application which I plan to sell via Internet for a small compensation of about 2 Euros ($2.58 at actual exchange rate).

    The app would use Placefinder to geocode given addresses (convert from address to coordinates). This would not be the main functionality of the app, it is only an additional feature.

    The API-Terms say in 1.g.IV:



    Could you please tell me if the kind of use I described violates these terms.

    If so, could I make my app term-conform if I just provide the implementation to the user and he has to sign up for an API-key himself and type it in. In this case, the user would commit to a contract with Yahoo! (the terms of use would be the said contract). The app-provider (me) would not have any privity of contract to Yahoo!.
    The only question remaining is if this implementation of the functionality to send a request to the API and parse the response violates any terms.

    Please help me giving me legal certainty!!!

    Thank you in advance!!!


    MaxK.


    The key phrase in the TOS is "derive income from the provision of the Yahoo! APIs, whether for direct commercial or monetary gain or otherwise". Using the PlaceFinder API within your commercial application (at any price) is a violation of the TOS. You need to ask yourself what the value of your application would be if you did not include the API.

    Also, AppIDs are intended for the use of developers and not end users, so you cannot simply require end users to apply for a developer appID to circumvent the TOS.

    Eddie Babcock
    Yahoo! Geo Technologies
    0
  • Hi Eddie,

    I am wondering how the Yahoo!-Placefinder API terms of service applies to an e-commerce application. The application will be free for anyone to use, so we won't be "deriving income from the provision of the Yahoo! APIs", but it is a store and profit will be derived from the items sold from the store. To be clear, we aren't selling an application. We are looking to use the Yahoo!-Placefinder API simply for informational purposes. Would this be in violation of the terms of service?

    Thanks,
    Jed


    QUOTE(Eddie B @ 16 Feb 2011 11:33 AM)
    QUOTE (makema.webdesign @ Jan 9 2011, 10:33 AM) <{POST_SNAPBACK}>
    Hi,

    I'd like to use Yahoo!-Placefinder API in a mobile application which I plan to sell via Internet for a small compensation of about 2 Euros ($2.58 at actual exchange rate).

    The app would use Placefinder to geocode given addresses (convert from address to coordinates). This would not be the main functionality of the app, it is only an additional feature.

    The API-Terms say in 1.g.IV:



    Could you please tell me if the kind of use I described violates these terms.

    If so, could I make my app term-conform if I just provide the implementation to the user and he has to sign up for an API-key himself and type it in. In this case, the user would commit to a contract with Yahoo! (the terms of use would be the said contract). The app-provider (me) would not have any privity of contract to Yahoo!.
    The only question remaining is if this implementation of the functionality to send a request to the API and parse the response violates any terms.

    Please help me giving me legal certainty!!!

    Thank you in advance!!!


    MaxK.


    The key phrase in the TOS is "derive income from the provision of the Yahoo! APIs, whether for direct commercial or monetary gain or otherwise". Using the PlaceFinder API within your commercial application (at any price) is a violation of the TOS. You need to ask yourself what the value of your application would be if you did not include the API.

    Also, AppIDs are intended for the use of developers and not end users, so you cannot simply require end users to apply for a developer appID to circumvent the TOS.

    Eddie Babcock
    Yahoo! Geo Technologies
    0
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