Licensing Working Group/Minutes/2022-12-08
OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
8 December 2022, 18:30 UTC
- Kathleen Lu (Chairing)
- Tom Hummel
- Tom Lee (joined 28’ after start)
- Dermot McNally
- Simon Hughes
- Guillaume Rischard (OSMF board)
Adoption of past minutes
- 2022-11-10 Deferred
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 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.
- 2022-04-14 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 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
- 2022-06-09 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.
- 2022-09-15 Dermot McNally to send an email to the companies mentioned on Ticket#2022011910000082 and Ticket#202201261000014
2022-09-15 Guillaume Rischard to ask Eugene Villar (board member from Philippines) about any evidence of OSM trademark use in Philippines that can be submitted.
- 2022-09-15 Guillaume Rischard to respond to the email Ticket#202208041000024 and redirected to right person.
- 2022-09-15 Kathleen Lu to write to Tom Hughes and ask if the issue he was concerned with was https://github.com/openstreetmap/openstreetmap-website/pull/989#issuecomment-110209086
2022-10-13 Guillaume Rischard to check that Eugene has replied regarding evidence of trademark use in Philippines 2022-10-13 Kathleen Lu to reply to GooseMaps that adding OSM to onboarding screen would be a promising solution and will ask for screenshots.
- 2022-10-13 Tom Lee to add the updated Copyright FAQ to the OSMF website. Dorothea to provide access.
- 2022-10-13 LWG to look at Kathleen's previous answer regarding CDLA 2.0 and indicate whether they agree.
- 2022-10-13 Guillaume Rischard to take the Ticket#2022100310000013 issue to the board (related to legal consequences for “unlicensed surveying”)
- 2022-10-13 Tom Hummel to point to the Corporate Membership page or the donation page. Ticket#2022101110000098
- 2022-11-10 Kathleen Lu to write to GooseMaps.
2022-11-10 Guillaume Rischard to add the updated Copyright FAQ to the OSMF website.Re-assigned to Tom Lee, who will provide the code for updating the page to an LWG member with editing access on the OSMF website.
- 2022-11-10 Guillaume Rischard to ask someone else on the Philippines community regarding proof of the use of OSMF trademarks there.
2022-11-10 Kathleen Lu to join the OPS meeting on the 1st of December regarding the iFrame on osm.org on osm.org. 2022-11-10 Tom Hummel to join the next OPS meeting (17 November 2022) regarding the long-term cookie on osm.org.
- 2022-11-10 Guillaume Rischard to pass the message to the board member who wrote to the LWG about Open Database License (ODbL).
- 2022-11-10 Kathleen Lu to reply to the query re CDLA 2.0.
- 2022-11-10 Kathleen Lu to reply to Ticket#2022080510000087 — Compatibility of Italian IODL 2.0 license.
- 2022-11-10 Kathleen Lu to invite the sender of Ticket#2022081410000104 (Lizenzprobleme in Indien) to attend the next LWG meeting, to understand what they're asking.
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
|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).
CDLA & Italian OGL
Page has been updated
|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.”
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.
|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
(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)
Inconclusive, custom risk assessment within the DPAs recommendations
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
|There is a need to update the Copyright FAQ page to match the Attribution guidelines.
Previous LWG minutes
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.
|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)
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
- 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
Deferred, as Guillaume Rischard was absent.
Guillaume - Evidence of use in Philippines status
|Provided by LWG:
Mail from Ellis Sweetenham:
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
|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.
|Previous LWG discussions|
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
|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:|
Tom Hummel replied in German.
Ticket#2022111510000151 - Maproulette challenge 13837
|Provided by LWG:
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
|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 .
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  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,
 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.
"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
|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.
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.
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
|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.
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.
- 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:
Meeting adjourned 61' after start.
2023-01-12 - 1830 UTC