Licensing Working Group/Minutes/2018-10-11

From OpenStreetMap Foundation

OpenStreetMap Foundation, Licensing Working Group - Agenda & Minutes
Thursday October 11th 2018, 20:00 - 21:00 UTC

Participants

Present:

  • Simon Poole
  • Kathleen Lu
  • Jim Vidano

Guests:
Apologies:
Minutes by: Dorothea

Administrative

Adoption of Minutes of last meeting

2018-09-13*: Accepted

Previous Action Items

  • 2016-05-06 Dermot licence question wrt Ordnance Survey Northern Ireland Open Data
  • 2017-03-02 Simon determine existing obligations towards sources listed on the copyright page
  • 2017-05-04 All/Simon review import guidelines wrt licence “approval”
  • 2017-09-05 Simon ask Lawdit for quotes for registering for the additional class suggested
  • 2018-01-11 Simon fill in numbers for 2017 expenditures
  • 2018-03-08 All look at the Working Groups collecting personal information
  • 2018-04-12 LWG to follow-up on the iD editor, as the number of changesets is now included on the changeset comments thread
  • 2018-04-12 Simon to contact openstreetmap.cymru. The LWG will allow use of domain name on the condition that if there's local group in the future, they will have to concede control to them and get agreement in writing, so that if domain expires it doesn't get squatted on
  • 2018-04-12 Canadian licences reminder - no Canadian Licences are currently considered by the LWG, as some members of the community seem to think
  • 2018-04-12 Simon to write short step by step guide of how to approach licencing considerations and add things to look out in the licences.
  • 2018-05-10 Jim to sign the LWG NDA
  • 2018-05-10 All to check whether in Europe a Data Transfer Agreement is necessary for controller to controller data transfers. If yes, whether it is possible to have agreement in click-through form
  • 2018-07-12 Simon to update privacy policy with numbers provided by Tom
  • 2018-07-12 Kathleen to make changes to the draft Terms of Use
  • 2018-09-14 Kathleen to produce a clean copy of the Terms of Use document, wikify it and send it to the board
  • 2018-09-14 Simon to email OpenStreetCab
  • 2018-09-14 Open Data License - India (GODL) -Make statement, in line with other licences, to not use datasets with personal data which might be subject to privacy laws
  • 2018-09-14 Kathleen to draft CDLA (Linux Foundation) licence analysis
  • 2018-09-14 Simon to create section on OSMF website for license compatibility
  • 2018-09-14 Simon to ask Grant if the OSMF address has to be changed on Domain registrations
  • 2018-09-14 Simon to contact German lawyer involved with OSM about joining the LWG, touch base with Dermot, email the OSMF mailing list and contact Mapillary
  • 2018-10-11 Simon to ask the board to contact the Working Groups about the NDA and ask people to sign up.
  • 2018-10-11 Simon to work on a statement about alternative authentication methods, that will be sent to the board and the OWG.
  • 2018-10-11 Kathleen to draft a reply to YouMap.
  • 2018-10-11 Simon to invite Frederik to the next meeting, about DMCA.
  • 2018-10-11 Simon to relay discussion about BREXIT to the board.
  • 2018-10-11 Simon to investigate about whether Wikimedia Germany has an in-house lawyer (related to the 2018-09-14 action item).
  • 2018-10-11 Jim and Kathleen to follow up on the “OSM contributor” app issue.

Reportage

  • Simon attended WikiCon 2018 and tried to make contact with lawyers (LWG recruitment).
  • Terms of Use approved by the board.

GDPR

Privacy policy

WIP version

  • Missing: How long logs are kept (partial answer by Tom).
  • Open issue by Paul.

Terms of Use

Terms of Use

  • Put in to force by the board last month.
  • To do: provisional linking ToU on OSM website - especially for not logged-in users (current placement: About tab).

Non-Disclosure Agreement

draft version

  • “Approved” by the board last month.

Action item: Simon to ask the board to contact the Working Groups about the NDA and ask people to sign up.

Timestamp issue

  • Issue: Timestamps combined with geolocation can be used to reconstruct who someone is.

Decision: The LWG resolves to recommend to the board to retain timestamps as is in the OSM data and not to remove them from public access for data privacy reasons.

Authentication paper from Roland

(maintainer of Overpass API)

  • From legal perspective, we are ok with all authentication methods equivalent to verifying that user has an OSM account with OAuth. Barrier is implementation and budget.

Decision: Recommend to the board to investigate adding lightweight authentication methods, as the one suggested.
Action item: Simon to work on a statement about alternative authentication methods, that will be sent to the board and the OWG.

Trademark Issues

New ™ registration attempt in FR

  • Opposition filed

YouMap

Action item: Kathleen to draft a reply to YouMap.

DMCA policy

Draft under discussion* (see open items in comments)

Action item: Simon to invite Frederik to next meeting.

BREXIT

A BREXIT with no mutual recognition of database rights could potentially cause problems. Investigate ways to mitigate the potential negative effects.

Suggestion: Set up a subsidiary that will publish database in EU.
Legal:

  • Could the subsidiary claim to be the publisher?
  • Assess compatibility with contributor agreements. Contracts might have to be shifted.
  • Suggestion: Registration as a tax-deductible/charitable/non-profit to help with donations.

Finance

  • Current assets in UK: Intellectual property/database rights.
  • Current situation: Some US companies prefer to donate to OSM-US, as it is a 501C3 organisation and the donations are tax-deductible.
  • Money probably could not flow back to OSMF but have to be spent directly by the subsidiary.
  • Suggestion: Migrate the major expenses to the “charitable” subsidiary and have it operate as the main one.

Action item: Simon to relay discussion to the board.

Any Other Business

LWG member recruitment

  • Jim may alert the LWG if he comes in contact with Microsoft lawyer. Also has contacts with privacy lawyer in Germany.

Suggestion: Ask Roland whether his company has an in-house lawyer.
Action item: Simon to investigate whether Wikimedia Germany has an in-house lawyer.

OSM Contributor App

“OSM Contributor” App - Simon recused himself from the discussion.
Issues:

  • Trademark.
  • Name implies that it is written by the OSMF. The app is getting negative reviews and people assume it is an official app from the Foundation.

Action item: Jim and Kathleen to follow up.

Next Meeting

November 8th 2018 20:00 UTC on Mumble

Acronyms

* = Google document

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