Google Earth imagery in a game.

I'm interested in using images from Google Earth as the environment for a game I'm planning and I'm wondering if this would be possible, legally. I've read up on Google's permission guidlines (http://www.google.com/permissions/geoguidelines.html) which leads me to believe this wouldn't fall under fair use assuming I intend to sell the game. Surely others have had the same idea, has anyone tried applying for permission from Google? I haven't been able to find any games that do something like this.

I dont think you can sell the game (http://code.google.com/apis/maps/terms.html)

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10.4 charge users or any other third party any fee for the use of the Maps API Implementation, the Service, or the Content, unless you have entered into a separate written agreement with Google or obtained Google's written permission to do so (but if you are a consultant who creates or hosts Maps API Implementations for third party customers, you may charge such customers a fee for your consulting or hosting services);

10.5 reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;

10.6 use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;

10.7 delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content;

10.8 use the Static Maps API other than in an implementation in a web browser;

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That's the TOS for the their APIs though, which I don't intend to use. I would be taking some screenshots from the GE client, stitching them together in Photoshop, and then heavily modifying them (keeping attribution intact). On the page I linked above they demonstrate what appears to be a commercial product using images from GE with attribution.

http://www.google.com/permissions/geopermitted1.gif


Still, I suppose

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10.4 charge users or any other third party any fee for the use of the Maps API Implementation, the Service, or the Content, unless you have entered into a separate written agreement with Google or obtained Google's written permission to do so

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may apply. Is it safe to assume obtaining said permission would be unlikely?

Edit: What if I traced the images by hand and used that instead? They say I can't use "map data" either, but they obviously don't own the specific layout of a random city in the world. I mean, how far does it go? If I draw it freehand from memory, or looking at the image while I draw, is that also not ok?

You're right. Just because they photograph something doesn't mean they own it.

As long as you use it as a reference ( if you are drawing your own ) and not the actual image that google did, you have no problems. This is earth, not something google created in a 3d app.

Well when you redraw it you're in the clear. It'll become an artist impression of...

But to make using the actual photo's a bit more complicated: I know that the photo's of the Netherlands are made by the Royal Netherlands Airforce. It's also probable that Google got the other foto's from all sorts of companies specializing in aerial photography. I wouldn't be sure if Google actually owned the photo's at all.

the game doesn't seem to work anymore (it was almost three years ago) but: http://board.flashkit.com/board/showthread.php?t=698275

it was a "flight simulator" not very accurate simulation, more just a game where you could fly around with google maps images below.

Thanks for the advice everyone, unfortunately I don't think it's going to work out.

@ChaseNYC - I'd found goggles in my searching but couldn't get past the initial loading and so was unable to play it. I assume he didn't have that game sponsored though? It seems like I'm asking for much less, since he was loading map data directly from their servers.

@TOdorus - Yeah, I noticed that.... seems they have many different sources which are the actual copyright holders, which really crushes my hopes :(

One last thought though... Google doesn't really address my situation directly in any of their TOS's... would the fact that nobody is actually selling the product make any difference? I'm selling rights to put a sponsor's link and ad in the game and they are providing it for free to their visitors. Just some wishful thinking I suppose.

I heared that in usa you cant claim copyright to raw satellite imagery, so if you can process that into nice looking jpegs yourself, you're free to go with it. other more realistic option would be to save a screenshot from NASA's World Wind, since most of data there is in public domain