Licensing Working Group/Minutes/2022-09-15

From OpenStreetMap Foundation

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

Minutes accepted on 10 November 2022.

Participants

  • Kathleen Lu (Chairing)
  • Tom Hummel
  • Guillaume Rischard (OSMF board)
  • Dermot McNally
  • Tom Lee

Guest

Absent

  • Simon Hughes

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 and Dermot McNally (2021-12-09) to 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 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.
  • 2022-04-14 Simon 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 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.
  • 2022-07-07 Simon Hughes to check with the TomTom Data Protection Officer [Related to OWG query about tile servers FAQ]

Application to join LWG by Tom Lee

  • Works at Mapbox. Mapbox representative on the OSMF Advisory Board, Kathleen's colleague.
  • Not a lawyer.
  • Engineering background.

In relation to OSM

On helping the Licensing Working Group (LWG)

  • Applied to be an LWG member, as LWG topics are of interest for personal and professional standpoint. Wants to contribute to the OSM project.
  • Familiar to technical issues, especially to mobile context for the last 2 years. Could help with mundane tasks as minuting, or in the past LWG's work on attribution regarding specific constraints facing OSM business users was of interest.

Reportage and action item updates

Operations Working Group tile-access cutoff candidates

Related to 2022-07-07 action item: Kathleen Lu to contact the Operations Working Group (OWG) regarding cutting off tile-access to certain sites, due to lack of attribution. 2022-08-04 LWG minutes.

  • Email sent

Dermot’s Belgian love letter

Kathleen: Is the letter ready to test?

This is going to be a template polite letter offered to the community, that they could send it to people not attributing OpenStreetMap properly.

There were 2-3 comments on the tone/wording of the draft and some live editing of the document took place during the meeting.

Points mentioned during discussion

  • Drawing inspiration from the "Belgian love letter" for attribution - the LWG doesn't have to keep the same tone of the document.
  • The community may modify the letter.
  • This is probably going to be a "living document", under an OSMF repository.

Suggestion

  • Dermot to test run the letter to some clear cases of lack of attribution. Will send the letter not as an LWG representative.

Action item: Dermot McNally to send an email to the companies mentioned on Ticket#2022011910000082 and Ticket#202201261000014

Any updates on reported attribution cases?

  • Printed map in Germany without attribution

Reports in OTRS

Guillaume - HOT trademark agreement update

No update.

Trademark Notices

Evidence of use in Philippines

Deadline January 10 2023.

Action item: Guillaume Rischard to ask Eugene Villar (OSMF board member from Philippines) about any evidence of OSM trademark use in Philippines that can be submitted.

Any Other Business

Query to legal-questions

Ticket#202208041000024 - licence of JOSM code

  • Question about the licence of JOSM code - which this group does not deal with.
  • Asking for re-licencing of one file.

Action item: Guillaume Rischard to respond to the email Ticket#202208041000024 and redirected to the right person.

Query via listserv - Israel Hiking Map

Points mentioned during discussion

  • App allows people to log-in to OSM and edit.
  • They want users of the app authenticated and initially started using OSM sign-in.
  • Apple's recent requirement is that if you support single sign-on, you have to also support Apple's single sign-on.
  • The Israel Hiking Map seems to request the ability to sign in to OSM using Apple's ID.
  • Operations is wondering whether the LWG is ok with the Apple's terms and conditions and if there are any privacy issues.
  • There might be an issue with accountability. Suggestion to couple Apple's ID to the OSM ID.
  • There are no special obligations once you log-in Apple's ID.

There are many apps that log-in to www.osm.org on iPhone, including every-door.

Apple's guidelines
"Sign in with Apple is not required if: […] Your app is a client for a specific third-party service and users are required to sign in to their mail, social media, or other third-party account directly to access their content."

On issue related to signing with Twitter account
https://github.com/openstreetmap/openstreetmap-website/issues/2799#issuecomment-683036574
"Before anybody thinks about working on this LWG need to decide if the terms are acceptable - we got bitten by that with twitter where it was implemented and then couldn't be deployed."

Brief discussion about possibility of searching past LWG minutes, as pre-2019 ones are in Google documents.

Action item: Kathleen Lu to write to Tom Hughes Operations Working Group (OWG) and ask if the issue he was concerned with was this one.

There was past discussion about gravatar usage between Tom Hughes and Simon Poole (at LWG at the time).

Does anyone want to respond to Ticket#2022080910000043 in Dutch?

Tom Hummel has a friend who knows Dutch and will check the automatic translation of the email.

Query regarding Community Data License Agreement (CDLA) version 2.0

Question from OSMF Corporate Member about the LWG's official opinion on the compatibility of the Community Data License Agreement (CDLA) version 2.0 license with Open Database License (ODbL).

Point mentioned during discussion

  • Their licence was more onerous in terms of attribution details - version 2.0 simplifies it and makes text of the agreement available with the shared data.

Ticket#2022080510000087 — Compatibility of Italian Open Data License 2.0

No time for discussion.

Ticket#2022081410000104 — Lizenzprobleme in Indien

No time for discussion.

Licence question for future app

No time for discussion.

Next Meetings

13 October 2022, 17:30 UTC
November 10 - 1830 UTC
December 08 - 1830 UTC

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