Licensing Working Group/Minutes/2021-07-08
OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
July 8th 2021, at 20:00 UTC
- Dermot McNally (Chairing)
- Jim Vidano
- Michael Cheng
- Tom Hummel
- Guillaume Rischard (OSMF board)
Minutes by Dorothea Kazazi
Adoption of past Minutes
- 2021--06-10 Accepted
Previous Action Items
- 2017-03-02 Simon to determine existing obligations towards sources listed on the copyright page.
- 2017-05-04 All/Simon to review import guidelines with regards to licence “approval”.
- 2018-03-08 All to 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.
- 2019-01-10 Simon to draft text to developers of apps related to geo/mapping, having OSM in their names or using variations of our logo.
- 2019-02-14 Simon to summarise the advice regarding information requests from law enforcement and send it around.
- 2019-12-12 Simon to discuss trademark registration strategy (more countries, additional classes, etc) with lawdit
- 2020-01-09 Simon to include text about downstream produced works to the FAQ.
- 2020-03-12 Simon to send to Mateusz the link with the research by Kathleen on attribution on various apps.
- 2020-09-10 Simon to set-up call with Kathleen and our UK lawyer about trademarks.
- 2020-10-08 Simon and Guillaume to look at the translation issue of the copyright policy page.
- 2020-10-08 Simon to send his Moovit contact to Guillaume.
- 2020-10-08 Simon to send a summary of which action items need to be done.
- 2021-01-14 Guillaume to report on Board status re identification of outside counsel
- 2021-02-11 Kathleen to check LWG-specific membership requirements on the OSMF website and Conflict of Interest policy and provide to Dorothea any updates for the website.
- 2021-03-11 Guillaume to sort out various email issues -
Making sure Dermot is on the main legal mailing issue, making sure everyone is getting OTRS email notifications for the legal queue.
- 2021-04-08 Dermot to ping Guillaume, so that the LWG can digitally sign e.g. requests for permission from PLOS.
Check OTRS tickets
List provided by Dermot.
- Some spams.
- One user deletion request in Italian.
- One threat of legal action over representation of India/Pakistan border in Kashmir.
- One inquiry about use of the map (subject refers to API). Seems to be same individual Allan replied to by email.
- A question on the use of OSM screenshots in a documentary.
- We will point to the recently adopted attribution guidelines.
- A claim that content in one of our notes (for a non-mapped feature) is wrong, requesting correction, providing business web site for this purpose.
- Data Working Group has a standard form for replies - ticket to be assigned to them.
Action: Guillaume to meet with Dermot about using OTRS. OTRS (originally Open-Source Ticket Request System) is an issue/ticket tracker used by several OSMF Working Groups. The LWG uses it, for example, to handle email enquiries received on the email address email@example.com.
Tom Hummel no OTRS access
|Tom Hummel has no access to the LWG tickets of OTRS. OTRS (originally Open-Source Ticket Request System) is an issue/ticket tracker used by several OSMF Working Groups. The LWG uses it, for example, to handle email enquiries received on the email address firstname.lastname@example.org.|
|Topic suggested by Tom Hummel.|
Dorothea has already asked the sysadmins to grant access.
HOT draft trademark agreement questions
|OSMF is currently talking with Humanitarian OpenStreetMap Team (HOT) and is working on a draft agreement regarding granting rights for the use of OSMF marks.
|Suggested by Tom Hummel.|
Origin of the document: OSMF Local Chapter template agreement.
Question by Tom Hummel on $1.5:
“Any obligation on a party not to do something includes an obligation not to allow that thing to be done.”
Are the parties are obliged to police their community?
- Probably does not imply policing.
- “Allow” would require knowledge.
- Sounds very broad.
- There was a joined session of OSMF board members and HOT.
- Session with Tobias Knerr (board member).
- Put the comments on the draft in a collaborative document.
On what's in for OSMF
We give the right to use our trademarks - what do we expect in exchange?
- Agreements such as these aim to regularise action of bodies that present OSM and are good for the project.
- The current draft might be dangerous for them, because a future OSMF board might not want to continue it.
- OSMF is facing problem with sustainability, that the board tries to address with getting sponsorships.
- Different views in the board about what should go in the contract.
- LWG to draft a proposal for what we should be charging (e.g. cost of the lawyer to draft the agreement) and take it to the board.
- Can offer them an account of how the money is spent.
- Exclusivity for the name.
- Think of an alternative payment mechanism. Advisory Board seat equivalent (e.g. meetings with Secretary).
- Dermot to email the board and raise framing context to get better guidance.
- LWG members to comment on next meeting.
gdpr_openstreepmap.org_tsfkd@*****.*** issue resolved?
|Related to an email that the LWG received requesting for deletion of OSM account due to right to be forgotten.|
|Suggested by Tom Hummel.|
Art. 6 I 1 lit. f DS-GVO documented in the past?
- Email address is generally retained for accountability of edits.
- No existing mapper can contact them after account deletion.
- We are within our rights.
Documentation for retaining email address: https://wiki.osmfoundation.org/wiki/Privacy_Policy#Email_Addresses
- Explain the legal situation and that they cannot be messaged.
- Retain reply to be used for future template.
Action: Tom Hummel to reply.
Topic not to be minuted
|Related to email by Allan Mustard (Board Chairperson) and board discussion that was not minuted during July board chat.|
|Topic suggested by Dermot McNally.|
Guidance on approach for Opensnowmap.org paperwork
|The board received a trademark use request by Yves Cainaud for Opensnowmap.org. The project appears to have started before the trademark guidelines were in place. The board consulted the Licensing Working Group, which had no objection.|
Topic suggested by Dermot McNally and related to an email asking for guidance by Amanda McCann (board member).
- Dorothea to add the topic to the agenda of the next board mid-month board chat, as the trademark application has not been approved by the board yet.
- Jim Vidano to look at next steps afterward.
Submitted to copyright report: Commisso AG, Convenience Shop, request for deletion due to no longer being up-to-date
Topic suggested by Dermot McNally and related to communication by Tom Hummel (LWG).
Michael disconnected (60’ after start).
Anyone can make the change in the data.
Establish standing of sender.
Suggestion: contact local mappers.
Data Act meeting
| Do we need to comment on upcoming EU Data act?
Allan Mustard (OSMF Chairperson) emailed the LWG on whether somebody could attend a related call on Wednesday 14th July, 10:30 CET.
The OSMF board has been contacted by the European Commission (Unit on Data Policy and Innovation), in relation to the public consultation phase of its Data Act initiative, which aims to "facilitate access to and use of data, including business-to business and business-to-government, and to review the rules on the legal protection of databases". More specifically, a meeting was requested related to the possible relevance of copyleft database licences, as a result of the feedback provided by Paul-Olivier Dehaye. The OSMF board, which initially received the invitation to the meeting, has forwarded it to the LWG.
|Topic suggested by Tom Hummel.|
Action: Tom Hummel and Jim Vidano to participate in the meeting. Possibly also Guillaume Rischard.
Suggestion: ask Michael Cheng (LWG) to join and Simon Poole (past LWG Chairperson) to share his opinion.
Publishing the Attribution Guidelines
|The board has recently (2021-06) adopted the Attribution Guidelines text after the finishing touches during the board-LWG meeting earlier in June. In the past, LWG has published guidelines and other documents related to legal matters on the OSMF website. LWG received an email by Tobias Knerr (board) on whether the LWG will publish the Attribution Guidelines and whether they need some form of support from the board or administrative assistant in this.|
Action: Dermot McNally to publish the attribution guidelines both as a webpage and linked document.
License waiver and permission templates point to Google Drive - Request to move the files or content to the wiki
|Paul Norman looking for the CC BY 4.0 waiver found that the page https://wiki.osmfoundation.org/wiki/Licence/Waiver_and_Permission_Templates is pointing to Google Drive files, which are a problem because they can't be searched on the Wiki, have access problems, are not suitable for long term retention, and are inconsistent with the FOSS policy. It was suggested that it would be best to either upload the original ODT files to the Wiki, or convert them to text and put them on the Wiki. The blog post at https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/ might need updating too.|
Action: Dermot to add the documents to the OSMF website.
Has our trademark was converted to an UK trademark, and is the EU one is still valid?
Topic via Guillaume Rischard.
- Guillaume Rischard to ask Simon Poole (previous LWG Chairperson) for more information.
- Dorothea Kazazi to send trademark information to Tom Hummel.
Open Street Gallery.co
- Seems related to: New project - map cataloging urban arts in Balneário Camboriú (SC).
- http://openstreet.gallery/ (parked domain)
- Opposition deadline: 19 JUL 2021
Action: LWG to decide by Tuesday if it needs any action.
Any Other Business
Congratulations to Kathleen
Asynchronous chat channel for LWG
Suggestion to use Signal.