There’s already been made a lot of freeware scenery for MSFS, and a lot of it is landmarks, buildings, whole cities etc.,which has been converted from Google Earth. I really appreciate people making it, but I wonder if they can get in trouble with Google for using their data without permission. I would assume Google have some kind of copyright on their scenery, so what happens if they will claim that copyright?
I hope it won’t happen, just wonder if people have used it without permission?
And I also would like to know what MS’s take is on it?
As long as you are not profiting of it I believe you are in the clear. As far as distributing for free, that may be illegal, but I doubt they would care. Personal use is 100% ok though.
Nope, you can still get in trouble for using copyrighted material even if it’s for freeware.
In practical terms, most of these projects will probably slide under the radar, even if they are technically copyright violations.
Yea I wasn’t sure about the distributing part but like you I doubt they care as long as money is not being exchanged.
I suppose they would feel differently if they had a deal with a company to produce a flight simulator using their imaging… 
Distribution of it can be an issue. Grabbing it yourself and using it personally shouldn’t be. Either way, it’s easier to steer clear from using another companies IP.
Here is, in my opinion, good information on this: https://www.legalgenealogist.com/2013/08/19/terms-of-use-google-maps-earth/
I would suggest that people consuming google earth data and distributing derivative works (such as scenery in this context) should give proper credit. If you do that, and you are not profiting off the work and the work is not hammering at their servers and infrastructure, it probably won’t raise any brows.
But if you want to be really covered and certain you are legally safe to proceed, you really should get written permission from Google first. And you relaly should get actual legal counsel.
It depends, Mr Stormchaser. The material that google Aquires has lots of different owners, some of the textures/GIS data you fly over in Europe is created and owned by government agencies or state (as in nation) owned companies. That material is sometimes implicitly public domain (can even download same data from other sources than google), but deciding what is what is extremely difficult.
OTOH i remember on another forum (AVSim?) when someone downloaded Ortho for FSX over a decade ago from google maps, they were slapped with a cease and desist, even though they were using it for their own private purposes. I hope this laissez-faire doctrine stays this way because there is lots of people producing really good scenery for different sims.
Normally, no one is profiting on any such scenery released on public forums, except maybe the one who is hosting the file and adds an ad banner. There is no money circulating in scenery files made in someones home.
I just wanna make it clear, that I’m not making or using yhe scenery, heck I haven’t even bought MSFS yet 
I was just wondering, when seeing all the beautiful things that already has been converted and ready for use, if the creators could get in trouble without a signed agreement from Google.
A lot of creators are acknowledging the source in documentation and some arguing that it’s under the ‘fair use’ banner.
Wherether that fits ripping it from source and making it available in another product, even if freeware and ‘not for profit’, is for those with far greater knowledge of the subject to decide.
IF, and I will just reiterate If, Google get arsey about the whole thing, you can guarantee we will more than hear about it on here. Till then
I spoke years ago with a professional developer about the topic. I guess it was in 2014 or 2015. So far his position corresponded to angernerve.
Creating the stuff for your own purpose is pretty much okay, as long as you keep your efforts discreetly.
Another issue is sharing the stuff publicly, even as freeware. I remember a developer shutting down his orthophoto project at XP years ago, after it came out, that some of his works were under copyright protection under US-rights. (As far as I remember)
A reminder that you must be an attorney to practice law, and thus be one to offer legal advice.
Well all of Google’s map products have attribution baked into them either via electronic fingerprint or other means so they can know right away if it is theirs.
https://www.google.com/help/terms_maps/
Pointing out this from above under prohibited uses:
use Google Maps/Google Earth to create or augment any other mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, Google Maps/Google Earth
Can’t really get any clearer than that but yeah I would think distribution is the key.