Licensing Working Group/Minutes/2022-12-08

Draft minutes

OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
8 December 2022, 18:30 UTC

Participants

Kathleen Lu (Chairing)
Tom Hummel
Tom Lee (joined 28’ after start)

Guests

None

Absent

Dermot McNally
Simon Hughes
Guillaume Rischard (OSMF board)

LWG members
Minutes by Dorothea Kazazi

Administrative

Adoption of past minutes

2022-11-10 Deferred

Previous action items

New action items from this meeting

Kathleen Lu to forward the email seeking endorsement to the board. [Topic: Email to trademarks@ - Kiwix]
LWG to forward the email from dSpace to the board. [Topic: Ticket#2022120510000221 - dSpace request to show logo]

Reportage and action item updates

Goose Maps

Background

Provided by LWG

Excerpt from emails between company and LWG

> The onboarding screen looks very promising. We do think it would be better if the second sentence were to read "To help improve the map, go to https://www.openstreetmap.org/copyright"

Sure, but maybe you mean https://www.openstreetmap.org instead of copyright link?

> The About screen looks pretty good too. I assume that OpenStreetMap on that screen would be a link to https://www.openstreetmap.org/copyright ?

That really depends on what user's action you want. To read about the licence? To register as a new user? To read about OSM in general? We can make whatever you need.

> Can you mention OpenStreetMap and link to https://www.openstreetmap.org/copyright in the description of the app in the App Store?

Sure. But first it may be only for the English speaking country store, we will need time to get translations.

> If someone does not use the companion app, is there a menu somewhere in the watch that they could navigate to, in order to see the information and URL for https://www.openstreetmap.org/copyright? We ask because, once someone is through onboarding, if they later think, oh, I'd like to find out more about the map, they should be able to, and the app seems to be optional.

Sorry, right now we do not have something like that in a watch. Users will definitely go to the companion app at least one more time - to buy the subscription. So there's no problem with the discovery. Plus we have additional plans to extend the scope of the companion app (like managing tracks and so on).

Previous discussions

Email sent.

CDLA & Italian OGL

Page has been updated

Updates to OSM website: Share panel

Background by LWG

Share panel on openstreetmap.org main page – opportunities for improvement? Under the "Share" option on the right, why do we have an HTML option that provides iframe code? Doesn't having that just encourage embedding and overuse of OSMF map tiles by commercial entities?

Under Share, we have an Image option where people can download a snapshot. Why don't we auto-print attribution to this snapshot?

Can we say something like “Not intended for commercial use. Availability not guaranteed. Use must be in conformance with the Acceptable Use Policy.”

Previous discussions

2022-11-10

Kathleen Lu discussed with the Operations Working Group (OWG), and they agreed in principle to add a link to the Tile Use Policy to the iFrame section and to add a link to the attribution guidelines to the Download image section. Kathleen opened a GitHub ticket to make this request officially.

Updates to OSM website: Cookie banner

Background by LWG

Report by Tom Hummel (LWG) – do we need a cookie banner, per requirements of the ePrivacy Directive? Is the requirement likely to change in 2023, such that we should await the new guidance first?

cookie banner exemption: “strictly necessary […] to provide a[…] service”

Opinions: art.29 working party

art 5 III s.2 for routing, or data loss; likely no load-balancing, bot-detection (https://blog.cloudflare.com/deprecating-cfduid-cookie/cloud-flare resigned stance on cookie necessity)
art 5 III s.3 conditions: user request for service, w/o cookie service will not work

- (+)only data controller cookies “low privacy impact”
- (~)lifespan in relation to purpose → only short-lived cookies
- (+)1st party analytics requirements:
  - - information about these cookies in privacy policy and adequate privacy safeguards (= user-friendly mechanism to opt-out and comprehensive anonymisation)

(note: conflicting with newer ECJ:Planet49 ruling, see rec.№ 68; general threshold for consent is still art. 4 I Nr.11, 6 I1a), 7, recital 42 GDPR; necessitates opt-in)

DPA’s Germany:
(+)requires pseudonymization,
(+)no XS access,
(+)not for commercial reasons,
(+)no 3rd party access,
(~)cookie lifetime (sessions cookies ok, not specific) p.26
irish,spanish: load balancing, preference surveys, active chats, no ads
french/ital: performance measuring, estimation of server capacity, analytics

Business counsel Inconclusive, custom risk assessment within the DPAs recommendations
overview: Dürschmied, DSB 2021, 224, yet to read

Previous discussions

2022-11-10 Updates to OSM website: Cookie banner

Per Operations Working Group (OWG), they have decided to decrease the cookie life for website navigation cookies so that we do not need the cookie banner.

Update to Copyright FAQ to match new attribution guidelines

Background

There is a need to update the Copyright FAQ page to match the Attribution guidelines.

Previous LWG minutes

2022-10-13 Update to Copyright FAQ page to match new attribution guidelines
2022-10-13 Needed: Update to Copyright FAQ page to match new attribution guidelines
2022-08-04 Needed: Update to Copyright FAQ page to match new attribution guidelines
2022-07-07 Needed: Update to Copyright FAQ page to match new attribution guidelines
2022-06-09 Needed: Update to Copyright FAQ page to match new attribution guidelines
2022-05-12 Needed: Update to Copyright FAQ page to match new attribution guidelines
2022-03-17 Needed: Update to Copyright FAQ page to match new attribution guidelines
2022-02-17 Needed: Update to Copyright FAQ page to match new attribution guidelines
2022-01-13 Needed: Update to Copyright FAQ page to match new attribution guidelines

Updating Copyright FAQ page with https://files.osmfoundation.org/f/153001 – status?

Decision: Tom Lee to sent the text to one of LWG members with editing access to the OSM website.

Copyright page

Background by LWG

Making the beginning more friendly to new users - Is this something the Board can encourage/put some resources behind?

Kathleen has pinged the Communication Working Group (CWG)

Not discussed.

Any updates on reported attribution cases?

Reports in OTRS:

Ticket#2021081210000057 printed maps with false copyright
Ticket#2022011910000082 interparcel.com
Ticket#2022012610000149 https://poster.printmijnstad.nl/editor/city
Ticket#2022033010000217
- complaint that Aberdeen city council may not be attributing correctly – https://www.aberdeencity.gov.uk/news/consultation-starts-street-improvements-ashgrove-road
- Note that Aberdeen credits Ordnance Survey, so possible OS is using OSM as one of many sources and the full attribution is not getting carried through
Ticket#2022032710000125 - https://www.evri.com/find-a-parcelshop
- Hermes UK changed name to evri. So this is an old issue.
Ticket#2022062610000078 -
- Härryda, Sweden, uses Open Street Map for an app they developed. Inside the app there are no license references to OSM.
- You can see the app on the Google Apps store here: https://play.google.com/store/apps/details?id=se.harryda.medborgar.app&gl=US
Ticket#2021120810000146 mondialrelay.fr not attributing correctly

Trademarks – any updates?

Guillaume - HOT trademark agreement update

Background

OSMF is currently talking with Humanitarian OpenStreetMap Team (HOT) and is working on a draft agreement regarding granting rights to HOT for the use of OSM marks.

Related: 8 2022-10-13 HOT trademark agreement - No update

2022-09 HOT trademark agreement - No update
2022-08 HOT trademark agreement
2022-06 HOT trademark agreement
2022-04 HOT trademark agreement
2022-03 HOT trademark agreement
2022-02 HOT trademark agreement
2021-09 Followup on HOT draft trademark agreement (Licensing Working Group), HOT draft trademark agreement (mid-month board chat)
2021-08 HOT draft trademark agreement (Licensing Working Group), HOT trademark grant (mid-month board chat)
2021-07 HOT draft trademark agreement questions (Licensing Working Group)
2021-06 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
2021-05 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
2021-04 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
2021-03 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
2021-02 board chat, public board meeting and the board approved £1800 for consultation by Lawdit on the HOT trademark grant
2021-01-19 HOT and OSMF board members meeting (Participants: McCann (OSMF board) and Abelshausen (HOT board))
2021-01-14 HOT board and OSMF board meeting.
2020-12 HOT emailed the OSMF board regarding coordination between OSMF and HOT in order to improve OSM as a global project and suggested meetings of the two boards.

Deferred, as Guillaume Rischard was absent.

Guillaume - Evidence of use in Philippines status

Background

Provided by LWG:

Mail from Ellis Sweetenham:
We have today received the attached notification that the Openstreetmap registration in the Philippines is reaching its deadline to provide evidence of actual use within the 3rd year of registration.

The deadline to submit this is the 10 January 2023. Please confirm if you have used the mark in the Philippines and what evidence you hold.

Previous LWG minutes:

Deferred, as Guillaume Rischard was absent.

Simon - Any new notices

Japan - trademark notice for the registration of OpenStreet

Simon Hughes had forwarded a trademark notice in Japan for the registration of "OpenStreet".

Kathleen forwarded the trademark notice to Lawdit, asking for their opinion.

Any other business - Queries to legal-questions

Email to trademarks@ - Kiwix

Background

Provided by LWG:

Dear members of the OpenStreetMap Foundation,

surprised by the fact that the Kiwix library only contains the OpenStreetMap Wiki, I decided that I want to provide a locally available tile cache, packaged as a ZIM file that can be opened offline with the Kiwix reader (https://www.kiwix.org/). As a consequence, I downloaded the planet file and locally rendered it up to zoom level 14. "The offline OpenStreetMap", as I intend to call my project, includes a place name index and some useful layers that are taken straight from the database. My project is a clear example of non-commercial use, and surely will help with the recruitment of new members.

Your trademark policy makes the legal situation clear. Still, I would like to ask for the permission to call the project "The offline OpenStreetMap" (TOO) and use your logo. Actually, I am looking forward to be officially endorsed.

I also want to give you the possibility to give comments on the prototype (see attachment). From a marketing perspective, this may be helpful.

For hosting, I intend to contact Kiwix, which has a purpose-built mirror and torrent infrastructure. My project may even reduce traffic towards your tile servers as it fulfills requirements of heavy tile users. How about prominently placing links to the ZIM files in form of torrents? I think that this could be a so-called Win-Win-situation.

See https://library.kiwix.org/?lang=eng

Previous LWG discussions

2022-11-10 Licensing_Working_Group/Minutes/2022-11-10#Email_to_trademarks@ Email to trademarks''@

Action item: Kathleen to forward the email seeking endorsement to the board.

Suggestion: Mention that the data should not be mixed.

Ticket#2022102710000193 in German

Background

Provided by LWG:

Copyright-Vermerk anzugeben habe, bin mir aber wegen verschiedener Möglichkeiten nicht sicher. Wie muss heutzutage die Formulierung lauten, wenn ich einen Kartenausschnitt downloade und ihn in einem Heft verwenden möchte, dass als Stadtquiz verkauft werden soll?

Diese Karte soll im Heft abgedruckt werden. Wie lautet dafür der korrekte Urhebervermerk? Wenn Sie mir da weiter helfen könnten, wäre ich Ihnen sehr dankbar!

Im Voraus, besten Dank für Ihre Bemühungen! Mit freundlichen Grüsen.

Previous LWG discussion:

Ticket#2022102710000193

Tom Hummel replied in German.

Ticket#2022111510000151 - Maproulette challenge 13837

Background

Provided by LWG:

https://github.com/microsoft/Open-Maps/issues/49#issuecomment-786569413

I would like to get the map roulette challenge taken down if the licence issue has been resolved in the negative.

Points mentioned during discussion

A Maproulette challenge was created based on CCBY data by the Queensland government officials.
LWG had asked for a waiver and the Queensland governmental agency mentioned that they wouldn't sign one, as it wasn't necessary.
Microsoft got involved and the the letter from the government officials has been reviewed by their legal team, deeming this acceptable use.
Simon Poole had reached out to the Australian agency and shared the reply with the LWG.
Kathleen Lu had forwarded the email to Microsoft.

Dorothea provided to the LWG two past emails which were sent to them: one from the Australian officials and one from Harsh Govind (Microsoft).

Ticket#2022112410000268 - GEO-PEAS

Background

Provided by LWG:

Dear OSM board members, We have developed a REST API that is collecting information from various geospatial datasets and generates aggregate information to provide a globally consistent “description” of air quality measurement sites. This service, named GEO-PEAS (Geodata Point Extraction and aggregation service) also makes use of an OSM Overpass instance that we deployed at the Jülich Supercomputing Centre to extract the “distance to the next major road”. Attached please find a few snapshots of the current landing page of GEO-PEAS and three examples for REST API queries that can be made through this interface [1].

We would like to ask permission to publish this service including the described use of the OSM data and we would like to know if the citation and acknowledgements given in the “provenance” section of the response [2] fulfils the requirements on licensing as defined by the OSMF.

Finally, although you may not be the right addressee for this question: we have started to write a scientific paper on this service and would like to know if someone from the OSMF would be interested to become co-author on this article.

Looking forward to your response,

Martin Schultz

[1] PS: explanations on the examples a) the first query only take s a coordinate pair as argument – here, the location of the research center Jülich. The result is the nearest “major” road, where major is defined as the combination of motorway, trunk, primary, secondary, or tertiary road.
b) the second example adds the “direction” argument with value “S” for “South”; hence, only the nearest road in the Southern sector (1/16th of the full circle) is returned
c) the third query also specifies the type of road to be either motorway or trunk, thus limiting the response to this type of road.
[2] a copy of the provenance information returned:
"provenance": {

       "version": 0.6,
       "generator": "Overpass API 0.7.55.9 ab41fea6",
       "copyright": "https://www.openstreetmap.org/copyright",
       "timestamp": ""

Pre-meeting note by Kathleen Lu: this sounds like it is okay and the other databases they are using are of different data types than the OSM data.

Ticket#2022120510000177 - COPIE DE SIGNES DE BALISAGE

Background

Provided by LWG:

Nous avons constaté ces derniers temps que des QR Codes sont apposés, soit par vos soins soit par une personne indélicate, sur nos panneaux de balisage appartenant à la Fédération du Club Vosgien.

En ouvrant ceux-ci, nous constatons avec grand étonnement que nos itinéraires et nos balisages figurent sur vos cartes gratuites. Cette manière d’opérer peu cavalière nous déplaît fortement et est assimilable à de la plagia.

Aussi, je vous invite à remédier au plus vite à cette situation de retirer les QR Codes et de ne pas distribuer vos cartes sur lesquelles figurent nos signes de balisages.

J’attends de votre part la régularisation de la situation au plus vite ainsi que vos arguments sur cette manière d’opérer. N’ayant pas de réponse de votre part avant le 20 janvier, je me verrai dans l’obligation de saisir la justice.

Automatic translation:
We have recently noticed that QR Codes are affixed, either by you or by an indelicate person, on our signposts belonging to the Fédération du Club Vosgien.

By opening these, we note with great astonishment that our routes and our markings appear on your free maps. This somewhat cavalier way of operating greatly displeases us and is comparable to plagiarism.

Also, I invite you to remedy this situation as soon as possible by removing the QR Codes and not distributing your cards on which our marking signs appear.

I expect from you the regularization of the situation as soon as possible as well as your arguments on this way of operating. Having no response from you before January 20, I will be forced to take legal action.

Proposed response:
OpenStreetMap does not produce cards with QR codes. It is possible that some unknown person has printed copies of OpenStreetMap, as this is free to do. If you have a complaint about particular data on the map and proof that it was copied from your map, please follow our procedures here: https://wiki.osmfoundation.org/wiki/Takedown_procedure

Points mentioned during discussion

They have 130 associations and they maintain over 20,000 km of trails, similarly to the Appalachian trail conservancy in the US.
There is a trail on OSM but it does not mean that it was copied from them.
A lot of people must have walked and mapped these trails on OSM.

Links shared during the meeting:

Ticket#2022120510000221 - dSpace request to show logo

Background

Provided by LWG:

dSPACE is a company that provides hardware and tools for the development and validation of software in vehicles. We are successfully using OSM data in many of our customer projects and would like to state this compatibility.

Therefore we would like to present the good cooperation between OpenStreetMap and dSPACE to our customers. For this purpose we would like to show your company (foundation) logo in presentations and on our website (in overviews like these or similar to this website). In preparation for CES 2023, we have identified your company as an essential partner and would therefore appreciate a timely response to still add your logo to the corresponding Partner Ecosystem slides.

We would therefore like to ask you to grant us permission to do so. This permission can be revoked at any time.

Of course, we would send you the corresponding website for review before publication.

We would be very pleased if you would give us your consent and send us the information listed below.

Confirmation of consent to logo use (incl. possible supplementary usage agreements)
Company name to be displayed
Short description of your company (max. 300 characters)
URL to your company
Logo(s) to be used, preferably without background

In return, we can of course make an appropriate agreement to use the dSPACE logo. Please contact me or our partner management colleagues via PartnerManagement@dSPACE.de.

Permission needs to come from the board.
Toyota cars using OSM.
BMW uses Mapbox - but that doesn't necessarily mean that they use OSM.

dSpace

German company from the 1980s.
Their business is not very international.
Seem to use map data to produce test data for autonomous driving systems, so OSM probably will not be seen by normal drivers.
Historic core of their business is the electronic control units.
Might produce more publicity for OSM.
CES 2023 takes place in January, so a prompt response is needed.

Action item: LWG to forward the email from dSpace to the board.

Link shared during meeting:

https://www.autosar.org/

Meeting adjourned 61' after start.

Next Meeting

2023-01-12 - 1830 UTC

Navigation menu

Licensing Working Group/Minutes/2022-12-08

Contents

Participants

Guests

Absent

Administrative

Adoption of past minutes

Previous action items

New action items from this meeting

Reportage and action item updates

Goose Maps

CDLA & Italian OGL

Updates to OSM website: Share panel

Updates to OSM website: Cookie banner

Update to Copyright FAQ to match new attribution guidelines

Copyright page

Any updates on reported attribution cases?

Trademarks – any updates?

Guillaume - HOT trademark agreement update

Guillaume - Evidence of use in Philippines status

Simon - Any new notices

Japan - trademark notice for the registration of OpenStreet

Any other business - Queries to legal-questions

Email to trademarks@ - Kiwix

Ticket#2022102710000193 in German

Ticket#2022111510000151 - Maproulette challenge 13837

Ticket#2022112410000268 - GEO-PEAS

Ticket#2022120510000177 - COPIE DE SIGNES DE BALISAGE

Ticket#2022120510000221 - dSpace request to show logo

Next Meeting