I was going to say something about this post yesterday.. but held off (and glad I did) because datum shift did a nice reply. That I will just link too instead. He really got irked by this part of freegeotools post, probably more irked that I had gotten.
Imagery in Google Earth is copyrighted, and using it for any other purpose than viewing in Google Earth falls under the restrictions of copyright law and fair use.
Fair use… Google does not use that term with talking about imagery in Google Earth (though they use the line, “Our imagery providers will not let us”), even Frank from Google Earth Blog came in against the post.
I’ll second what Erik just said. Anyone planning to use an image from Google Earth for a business application should read the GE user license first. The imagery in Google Earth is mostly restricted by those who have licensed it to Google. You can seek permission to use imagery from Google Earth, but some of the license holders will require you to buy the imagery for a business application, or not allow it. Some of the imagery is license free (like those from NASA).
Which make sense, but highlights another sticky point, the way GE has mushed ALL the imagery together, all but makes it useless. I may want to use imagery of location “X” and the imagery in that location is public domain imagery but there is OTHER imagery in that location that is not public domain and I don’t have the rights to use that imagery.
So now, this almost effectively locks up public domain imagery that Google Earth shows and now you can only use Google Earth and Google Maps to view said imagery. (Unless you have the knowledge and skills to located the source provider, download the imagery and process it into the images you need.) You no longer have “Fair Use” of the imagery because of all the other licenses for other imagery.
Now, you can go an spend some money to get Google Earth Pro, but why should I have to pay $400 to get Public Domain (license free) imagery?
This is probably why there is a steady upswing in World Wind users I guess, they all like the license free use of the imagery and tools (save for the Virtual Earth imagery).