Licensing Working Group/Minutes/2022-07-07

From OpenStreetMap Foundation

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

Participants

  • Kathleen Lu (Chairing)
  • Tom Hummel
  • Simon Hughes

Absent

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

Kathleen - Belgian blurring letter ready to send – any comments?

Kathleen drafted a letter saying that we don't host any satellite images - they come from commercial providers, so they have to contact them directly.

Any updates on reported attribution cases?

Printed map in Germany without attribution

Reports in OTRS

Dermot’s Belgian love letter

Are all comments in?

A lot of comments in the draft.

Dermot McNally to reconcile the comments.

Guillaume - HOT trademark agreement

OWG cutoff candidates

- Impresa Italia - https://www.impresaitalia.info/734787871416211/room-house/roma.aspx
- https://saverudata.info/map/ ticket

  • Kathleen has started a list of sites to suggest to Operations Working Group (OWG) to cut-off their access to osm.org tiles due to lack of attribution.
  • Tom also has a list and suggested contacting a long-time offender, if they are using www.osm.org tiles.
  • Community members contacting the Licensing Working Group (LWG) about cases of lack of attribution to OSM, usually don't mention if the reported sites are using osm.org tiles.

Action item: Kathleen to contact the Operations Working Group (OWG).

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

  • The reorganisation of topics by Simon is helpful.
  • There is not much detail on what collective database. This was intentional to push people to read the attribution guidelines.
  • Many people who seek help are not aware of the complexity and are surprised by it.
  • Kathleen Lu has added a section toward the bottom linking out to other documents.

Concerns

  • The database definitions in the FAQ feel circular.
    • If you need to go into the difference between collective and derivative database, you would have to hire a lawyer.

Suggestion
Add between 1.2 and 1.3 on whether attribution is required. In most cases people do not do anything much with the data.

Trademark notices

Nothing reported.

Any Other Business

Queries to legal-questions

Request from Paul Norman regarding location of servers

On the FAQ

  • The FAQ was created to help people who might use/host third party tools using tiles from osm.org or use the API.
  • Privacy interested people might look at the FAQ.

Points mentioned during discussion

  • People who host OSM tools might need to point to the OSMF privacy policy.
  • People who are looking at the FAQ probably don't know much about OSM.
  • Would it be sufficient to say that the server are outside EU jurisdiction?
  • In US you can't use the database directive but have to argue on US copyright law. Most international companies will be likely to have operations somewhere in the EU.

Related to location of servers

  • Initially, all the servers were in the EU, as UK was in the EU. So, the data stayed in the EU, unless accessed by an user outside of EU.
  • Since the OSMF is not inside the EU, it might be irrelevant.
  • If OSMF was in the EU, it would be data transfer to a third party.
  • The point to have this information in the privacy policy was for disclosure.

History

  • Initially, when OSMF and the servers were in the EU, data only left the EU if it was accessed by users outside the EU.
  • The basis of almost all OSMF data processing is based on disclosure (so no signing of Data Protection Agreements).

On API servers

  • The FAQ also refers to the API servers, which handle edits, so handle more user data than tile servers.

Suggestions

Related to Brexit and OSMF relocation

  • There has been discussion about moving to the EU.
  • There are privacy implication from Brexit and the issue of database protection under the EU database directive.
  • Data which was protected on the date of Brexit, is protected for about 20 years after.

Action items

  • Simon Hughes to check with the TomTom's Data Protection Officer.
  • LWG to update wiki and privacy policy to add Ireland. Perhaps add a sentence about Fastly, which we use as a Content Delivery Network, which helps with caching.

Next Meeting

4 August 2022, 17:30 UTC

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