It's a violation of Google's TOS to extract the data (so copyright doesn't matter a lot).
The TOS only applies to the person extracting the data. So if person A extracts the data, violating TOS, then puts it up on a website where it is downloaded by person B (who did not necessarily ever agree to Google Maps' TOS), then only A has broken TOS, B hasn't. But B may have violated Google's copyright.
Is that right or am I missing something?
They didn't create the roads, and there's no human actively taking the photos.
It's not like the law cares about effort when it sided with Google against Genius.