Licensing Working Group/Minutes/2022-06-09

From OpenStreetMap Foundation

OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
9 June 2022, 17:30 UTC

Participants

  • Kathleen Lu (Chairing)
  • Tom Hummel
  • Simon Hughes
  • Guillaume Rischard (OSMF board)

Absent

  • Dermot McNally

LWG members
 Minutes by Dorothea Kazazi

Administrative

Adoption of past minutes

Previous action items

  • 2017-03-02 Simon Poole to determine existing obligations towards sources listed on the copyright page.
  • 2017-05-04 All/Simon Poole 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 Poole 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 Poole to summarise the advice regarding information requests from law enforcement and send it around.
  • 2019-12-12 Simon Poole to discuss trademark registration strategy (more countries, additional classes, etc) with lawdit
  • 2020-01-09 Simon Poole to include text about downstream produced works to the FAQ.
  • 2020-03-12 Simon Poole to send to Mateusz the link with the research by Kathleen Lu on attribution on various apps.
  • 2020-09-10 Simon Poole to set-up call with Kathleen Lu and our UK lawyer about trademarks.
  • 2020-10-08 Jim Vidano to work on updating the privacy policy in relation to OSMF's use of a commercial CDN, and Kathleen Lu will have a look at it.
  • 2020-10-08 Simon Poole and Guillaume Rischard to look at the translation issue of the copyright policy page.
  • 2020-10-08 Simon Poole to send his Moovit contact to Guillaume Rischard.
  • 2020-10-08 Simon Poole to send a summary of which action items need to be done.
  • 2021-01-14 Guillaume Rischard to report on Board status re identification of outside counsel
  • 2021-02-11 Kathleen Lu 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 Rischard to sort out various email issues - Making sure Dermot McNally is on the main legal mailing issue, making sure everyone is getting OTRS email notifications for the legal queue.
  • 2021-07-08 Guillaume Rischard to meet with Dermot McNally about using OTRS.
  • 2021-07-08 LWG members to provide comment on the HOT draft trademark agreement on the next meeting.
  • 2021-07-08 Jim Vidano to look at next steps for Opensnowmap.org paperwork after the trademark request has been approved by the board.
  • 2021-07-08 Dermot McNally to ask Tobias for expected outcome regarding the request for change of the text of the standard tile license.
  • 2021-08-12 Tom Hummel to suggest text to be published regarding OSMF's legitimate interest in processing personal data.
  • 2021-08-12 Dermot McNally to reply to Tobias about simplifying the text of the tile licence.
  • 2021-08-12 Dermot McNally to make the pull request on Github openstreemap-website regarding attribution requirements for OSMF tiles
  • 2021-08-12 Dermot McNally to communicate back to contacts regarding Australian data attribution and suggest filling the waiver template.
  • 2021-08-12 LWG to identify OSMF legal texts that might be needed under German law to be in German.
  • 2021-09-09 Jim Vidano to ask Simon Poole whether he has previous emails contacting companies that were not displaying attribution.
  • 2021-09-09 Guillaume Rischard to check past emails (e.g. last year ones related to case in Germany where they settled in court) for any sent to companies not complying with attribution requirements and to send what he finds, including links to the Github repositories with the lists of not complying organisations, to the Signal group.
  • 2021-09-09 Jim Vidano to have create a draft template email for the community to contact organisations regarding non compliance with the attribution guidelines
  • 2021-09-09 Dermot McNally to reply to Jean-Marc Liotier (board of directors) with the LWG decision to create a template email for minor cases of non-compliance with the attribution guidelines available to the community and the LWG to directly contact bigger companies.
  • 2022-01-13 Simon Hughes to download a copy of the Copyright FAQ page and mark anything that is not matching the attribution guidelines or is confusing and circulate that to the LWG.
  • 2022-02-17 The LWG to add comments to the draft template email by Dermot that the community will be able to send to people who have used OSM data without attribution (Belgian love letter).
  • 2022-02-17 Dermot McNally to have another look at the draft template email (Belgian love letter).
  • 2022-02-17 Guillaume Rischard to mention 1) the changes to the copyright page to the board, in case there are any disagreements, 2) that a budget might be requested for translations.
  • 2022-02-17 Dermot McNally to do the pull request for the changes to the copyright page.
  • 2022-02-17 The LWG to make edits to the Copyright FAQ page and mark anything that is not matching the attribution guidelines or is confusing and circulate that internally. (Taken-up by Simon Hughes)
  • 2022-02-17 Kathleen Lu to write back to Tobias Knerr (board) regarding the board's enquiry about the community's specific suggestion for more prominent attribution (see e.g. the "Made with OpenStreetMap" thread on osmf-talk – as well as these image suggestions: https://twitter.com/HeikkiVesanto/status/1485939523469070340/photo/1)
  • 2022-02-17 Tom Hummel to check with Falk Zscheile from FOSSGIS (German Local Chapter) if the recent case about a printed map in Germany without attribution is on their radar. If not, the LWG will use Dermot's "love letter".
  • 2022-03-17 Tom Hummel to contact OpenSenseMap.org
  • 2022-03-17 Simon Hughes to create a draft so that the Copyright FAQ page content matches that of the Attribution guidelines.
  • 2022-03-17 Simon Hughes to ask a member of his team to monitor the OSM trademark notices and set an automatic email filter for forwarding the notices.
  • 2022-04-14Simon Hughes to suggest a new structure of the Copyright FAQ page and crosslink to relevant sections of the Attribution guidelines. Topic Needed: Update to Copyright FAQ page to match new attribution guidelines
  • 2022-04-14 Guillaume Rischard to ask Tom Hughes to see how many translations of the Copyright and Copyright FAQ page are live. Topic Needed: Update to Copyright FAQ page to match new attribution guidelines
  • 2022-04-14 Tom Hummel to inform the community member who reported the issue about the printed map in Germany without attribution and ask them to report back if the issue persists. Topic Printed map in Germany without attribution]
  • 2022-04-14 Tom Hummel to 1) remind email sender about produced work and attribution, 2) point them to the collective database guideline and say that depending on how you structure your proposal, until it is about to be built, a proposed cycleway may be a different primary feature, 3) suggest consult with attorney, 4) Note on features about to be built: there will be an obligation to release data in a manner that is eligible to be imported into OSM at that time. Topic Ticket#22021090210000065 Cyclepaths-related
  • 2022-04-14 Guillaume Rischard to talk to Grant Slater (Senior Site Reliability Engineer) about cutting tile access to Impresa Italia. Topic Impresa Italia - Missing attribution case of commercial site using our tiles
  • 2022-04-14 Guillaume Rischard to update agenda with Navionics (Garmin) success. Topic Fixing attribution success
  • 2022-05-12 Dermot McNally to look on reported attribution cases listed on the agenda and see which are good candidates for love letter. (Probably all are, except the Aberdeen one, which is difficult to investigate).
  • 2022-05-12 Dermot McNally to ask Guillaume Rischard to check the pull request about the copyright page.
  • 2022-05-12 Kathleen Lu to write back to the sender of the question regarding using tile logs for ranking.
  • 2022-05-12 Tom Hummel to advice OWG to block access to https://saverudata.info/map
  • 2022-06-09 Guillaume Rischard to check with Amanda regarding the return-to address she used to the letter about printed maps with false copyright
  • 2022-06-09 Guillaume Rischard to check with the rest of the board about the advice on CWG with LWG to rework the copyright page.
  • 2022-06-09 Dorothea Kazazi to sent to Simon Hughes the log-in details for the trademark notices account, to check the settings and any pending invoices.
  • 2022-06-09 Dorothea Kazazi to add the previous response to the letter from Belgium re satellite image blurring to the LWG Nextcloud files account.
  • 2022-06-09 Dorothea Kazazi to add the topic of blocking sites due to attribution or other legal policy reasons, if flagged by LWG to the next board meeting agenda.

Reportage and action item updates

Any updates on reported attribution cases?

Action item: Dermot McNally to look on reported attribution cases below and see which are good candidates for love letter. (Probably all are, except the Aberdeen one, which is difficult to investigate).

Printed map in Germany without attribution

No update.

Reports in OTRS

  • Ticket#2021081210000057 — printed maps with false copyright; no response yet.
    • Action item: Guillaume to check with Amanda regarding the return-to address she used to the letter about printed maps with false copyright.
  • Ticket#2022011910000082 – interparcel.com
  • Ticket#2022012610000149 - https://poster.printmijnstad.nl/editor/city
  • Ticket#2022033010000217
  • Ticket#2022032710000125 - https://www.evri.com/find-a-parcelshop
    • Hermes UK changed name to evri. So this is an old issue.
  • Impresa Italia - https://www.impresaitalia.info/734787871416211/room-house/roma.aspx
    • Email to legal list and legal-talk
    • Are they hitting our tiles? Can OWG just cut them off?
  • „I understand that the refinements on the cyclepaths are a derivative database, and all the scenarios, even if they do not exist in real life, are a derivative database.“ Is that correct? I suspect so. Even a DB with fictitious data should continue to benefit from DB-protection, even if new IP rights arise. From a friendly exchange re: #2021090210000065; derivative DB (+) if same features are being used. – tom

Dermot’s Belgian love letter

Report on test run:

  • The Belgian original letter was more to the point.
  • The LWG worked live collaboratively on the draft English love letter.

Decision: The Licensing Working Group (LWG) to add more comments and discuss the draft with Dermot at the next meeting.

OpenSenseMap – any updates?

OpenSenseMap responded and Tom Hummel is in correspondence with them. They were invited with short notice to the LWG meeting.

HOT trademark agreement

  • It's not unusual for draft trademark agreements to include a fee.
  • Concern: Making sure that the trademark agreement doesn't turn into a franchise agreement.
    • Not something to worry about.

https://saverudata.info/map/ ticket

Last time recommended candidate for no-notice-cutoff – Did this work for the Operations Working Group (OWG)?

Needed: Update to Copyright FAQ page to match new attribution guidelines

On copyright page

  • Dermot McNally’s pull request for the copyright page is live and will be merged soon.
  • It is the mostly visited pages, besides the main www.osm.org page.
    • It is boring and doesn't mention what OSM is.

Suggestion: In long term, the Communication Working Group (CWG) with the Licensing Working Group (LWG) to rework the copyright page.

Comments during discussion

  • The copyright page URL can be redirected.
  • It has been suggested in the past that attribution should point to the "about" page, rather than to the copyright page.

Action item: Guillaume Rischard to check with the rest of the board about the advice on Communication Working Group with Licensing Working Group to rework the copyright page.

Trademark notices

Not many emails with trademark notices received lately. Latest from May 18th.

Action item: Dorothea to send to Simon Hughes the log-in details for the trademark notices account, to check the settings and any pending invoice

Any other business

Queries to legal-questions

Havrita

  • Kathleen’s view: This is the Operations Working Group (OWG)’s call. It would actually be good to have a way to forward these types of complaints to OWG in OTRS

Letter from Belgium re satellite image blurring

  • Letter from Belgium re satellite image blurring – checking to see if we can copy response from previous letter.

Action item: Dorothea Kazazi to add the previous response to the letter from Belgium re satellite image blurring to the LWG Nextcloud files account.

Blocking sites due to attribution or other legal policy reasons, if flagged by LWG

  • Past: Some sites were blocked by OWG due to heavy tile usage, but not due to attribution issues.
  • Some cases regarding absence of attribution are in the LWG OTRS queue and can be easily forwarded to OWG, if OWG has an OTRS ticket queue.

Should LWG or OWG be the final arbitrator for blocking sites due to attribution or other legal policy reasons?

Suggestion: The LWG to recommend to the board to consider directing the OWG to cut sites' access off due to attribution or other legal policy reasons, if flagged by the LWG.

Action item, suggested by Guillaume: Dorothea to add the topic to the next board meeting agenda.

Next Meeting

7 July 2022, 17:30 UTC

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