Dreben writes "Gaia, an opensource project to develop a 3D API to Google Earth, has decided to comply with a request from Google. The search giant's Chief Technologist, Michael Jones, contacted the project with a request to cease and desist from all past, present and future development of the Gaia project. Amongst other things, they cited 'improper usage of licensed data,' which Google licenses from assorted third party vendors. They are going so far as to request anyone who has ever downloaded any aspect of Gaia to purge all related files. From the post to the freegis-l mail list: 'We understand and respect Google's position on the case, so we've removed all downloads from this page and we ask everybody who have ever downloaded gaia 0.1.0 and prior versions to delete all files concerned with the project, which include source code, binary files and image cache (~/.gaia).' How does such a request, likely to have turned into a demand, affect fair usage? While the API is intended to interface with the the Google Earth service, Google Earth is nothing without the data. Yet at the same time, Google openly publishes their own API which uses the same data in the same manner."