IANAL, so no. Note that I didn’t say it was never enforceable, I said the outer limits are unenforceable. The clause in question from Google Maps terms of service:
you may not … use Google Maps/Google Earth to create or augment any other mapping-related dataset
There are plenty of actions that would clearly violate this clause. If I make a list of local businesses I found on Google maps, then do my own research about them but am not very thorough, I might not notice that some of Google’s listings are out of date and the businesses don’t exist any more. Or they might have the name incorrect, or the location. If I end up adding that same incorrect information to OSM, that would be a clear violation as the use of Google Maps would be obvious.
However there are plenty of other actions that I do not consider a violation of this clause and yet can still be characterised as “using Google Maps to contribute to OSM”. I use Google Maps all the time in my daily life. I learn about different businesses in my area from this usage. I also learn about these businesses in other ways like visiting them in person, seeing advertisements, visiting their websites, etc. For every business I’ve added to OSM, I’ve surely also looked at it’s listing in Google Maps at some point. I consider my actions to be “contributing local knowledge to OSM”, but it is impossible to tell how much my local knowedge has been influenced by Google Maps. One could easily argue that my actions fall under the above ToS clause, but that argument would be ridiculous because the facts I’m learning aren’t subject to copyright. These sorts of actions are the outer limits I’m talking about.
So what were talking about here is being a bit more systematic and writing down business names from Google Maps instead of just stashing them away in one’s brain. You argue using such a list to then contribute to OSM is a violation of the ToS. I argue that it’s not so different from simply recalling facts one may have learned partially from Google Maps and adding that local knowledge to OSM. Maybe it comes down to intent? If I make a list with the intent to add these businesses to OSM then I have violated the ToS? So if I make a list of businesses in my area with the intent to visit them all, then later I decide to use the knowledge I’ve gleaned to update OSM then I haven’t violated the ToS? How would anyone know my intent? How would anyone know I’ve even made a list or that it originated from Google Maps?
The fact that a business with a certain name exists (or no longer does) in a certain place is not subject to intellectual property rights. What I’ve described is also not getting away with anything. It is following the spirit of these broad terms with the specific intention of not violating them. If one wants to be 100% safe, never open Google Maps while even thinking about contributing to OSM. However, it’s clear to me it is entirely possible to use Google Maps, learn things from it, then replace that information with local knowledge gained elsewhere and safely contribute this to OSM with no ToS violation. If this weren’t the case we’d have to tell anyone who admitted to using Google Maps in their daily life that they aren’t welcome to contribute to OSM. Of course the more systematic one tries to be, the more likely they will actually end up violating the ToS. I would not attempt something like this on a large scale for this reason.