would there be any copyright issues with me linking to the wunderground.com url in my app at http://i.wund.com/ it would compliment my app greatly. Has anyone else used any weather data in their apps?

I have used that same URL, and I don't believe there are any issues. Wunderground provides lots of weather data for tons of websites. Mark

great :) it seems like a community and they offer tools for developers so I assumed it to be safe. Thanks

Here's a excerpt that answers your question, but should raise a few about how you plan to link. "You do not need permission for a regular word link to another website’s home page. If there is some concern over the link, most issues can be squared away by having the linked site sign a linking agreement that gives permission for your link. Many copyright experts believe that deep linking (links that bypass a website’s home page) is not copyright infringement -- after all, the author of a novel can’t prevent readers from reading the end first if they so desire, so why should a website owner have the right to determine in what order a user can access a website? Some well-known websites such as Amazon.com welcome deep links. However, if a commercial website has no linking policy or says that deep links are not allowed, it’s wise to ask for permission before deep linking. Why? Because many websites -- even the listener-friendly National Public Radio -- have asserted rights against deep linkers under both copyright and trademark law principles. International law is equally murky. For example, in 2002, a Danish court prevented a website from deep linking to a newspaper site. But in 2003, Germany weighed in on the issue when its federal court ruled that deep linking was not a violation of German copyright law. Subsequently, an Indian and a Danish court both separately ruled against the practice of deep linking in 2006." Also be aware that French law is very restrictive and it would possible be advisable to not distribute your app in France if you use any content you don't own or have a license to use. Fred

From the wunderground TOS, which is all that really matters in this case: PERMITTED USE. You may access, view and make copies of the data in the API for your personal or commercial use. Due to the special features of API, by accessing and viewing information from API you agree to be bound by these special terms: (a) you will not modify the data from API in any way; (b) you will not modify the link structure to API; (c) you will not modify WUI's logo that is included in the data; (d) IN ALL USES OF THE DATA, YOU WILL CREDIT WUI BY NAME AND BRAND LOGO AS THE SOURCE OF THE DATA. Subject to these Terms, WUI gives you a personal, worldwide, non-assignable and non-exclusive license to the API. As long as you credit them, which you should anyway, you are free to use their data. Mark

In addition be sure to comply with Google's and Apple's terms that prohibits covering up ads if you're linking via their website. Linking via the website and API are two different methods. Fred

thanks, its not the API I am linking to, its a url

As long as you don't cover up any ads you'll be OK, assuming you're not framing. Fred

The TOS uses the term API to refer to the weather data generated by the site...whether you use the API directly or not. You're still good. Mark

perfect :) thanks for clearing that up

Yes, but since he's not using the API there's no TOS agreement. Their site has a TOS that he has not agreed to. The TOS provides in part as follows: 1. PERMITTED USE. You may use the Site and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms and in the Photo Gallery Agreement (where applicable). I will assume that the app is not for personal use. So the question would be: 1. Is the TOS binding? a. If so, it provides as follows: As with all data that you access from the Site, the data that you pull from Wunderground Data Feed may only be used by you for personal, non-commercial purposes. If you want to use that data for commercial purposes, contact us through the Site and we will supply you with rate information for commercial customers. b. Their API is free for limited use: (i) 500 calls per day Goes up from there. 2. If not, is the use "Fair Use"? 3. Assuming "Fair Use", then is the use in compliance with app store (Assuming you're using one) requirements? Based on my first post and assumptions I would conclude that it's fair use and that you're OK. But as I haven't seen how you plan to link then all this is just academic. Fred

"Based on my first post and assumptions I would conclude that it's fair use and that you're OK." So why are you arguing this so much? We concluded from the start that he would be OK. Mark

Your advice was erroneous. You assumed the TOS applies, Missed the part of the Non-commercial use, Missed identified the API TOS as the websites TOS, Failed to note the app store requirements, And stated that "which is all that really matters in this case:" Thereby concluding that "Fair Use" was not relevant. Failed to note that if the TOS did apply that an account would be required for commercial use. Yes, you reached the correct conclusion but that was a 50/50, but you gave the wrong reason for the conclusion. Why am I arguing, perhaps I'm not, perhaps I'm clearing up the issue. Fred

I disagree with you, but I think @Bass Professor has enough info to make his own decision at this point. Mark

its technically for commercial use as I plan to profit from the app and the data is benefiting the app and adding to its features.

You could also consider investigating this: http://blog.programmableweb.com/2010/02/08/googles-secret-weather-api/ Yahoo! also has a weather API: http://developer.yahoo.com/weather/ Finally, the Wunderground API, which is free to sign up for, and is allowed in commercial applications, is also an option. Mark

Again the issue is about "Linking" and whether it's "fair use". Whether it's "Commercial" or not is but a factor. Under US law it's probably OK, where its your app going to be used? Fred

Yes the app is primarily designed for the US, but then hoping to add language variations and distribute globally. I can’t risk any legal repercussions so I will look into @GoNorthWest suggestions

Spent most of the day assessing my options. I do not feel too comfortable trying to programme from an API key, this weather feature does not form the basis of my app, just compliments it. Most websites that offer a mobile format for weather are subject to a strict TOS towards commerical use. However the information on NOAA (National Oceanic and Atmospheric Administration's) weather service is from U.S. government sources for use by the national and international community and as such the information on government servers are in the public domain. Specific exerpt relating to hyperlinks Hyperlinks Any reference from NWS Web server service to any non-government entity, product, service or information does not constitute an endorsement or recommendation by the National Oceanic Atmospheric Administration or any of its' field offices or employees. We are not responsible for the contents of any "off-site" web pages referenced from NWS servers. full disclaimer here: http://www.nws.noaa.gov/disclaimer.php So for anyone wanting to display weather information on their app without fear of copyright infringement. NOAA probably be ok!

Link to the wunderground.com site is OK if you display their page and ads. A link just using their data without showing their ads is not so cool. But excellent suggestion on NOAA and Government info in general. Besides no ads. Fred

:) thanks again for all your help