Licensing Working Group/Minutes/2024-09-09

From OpenStreetMap Foundation

OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
9 September 2024, 17:00 UTC

Participants

  • Kathleen Lu (Chairing)
  • Dermot McNally
  • Tom Hummel
  • Tom Lee

Absent

  • Simon Hughes
  • Guillaume Rischard (OSMF board)

Administrative

Adoption of past minutes

Previous action items

  • 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.
  • 2020-10-08 Simon Poole and Guillaume Rischard to look at the translation issue of the copyright policy page
  • 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.
  • 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
  • 2022-09-15 Dermot McNally to send an email to the companies mentioned on Ticket#2022011910000082 and Ticket#202201261000014
  • 2022-09-15 Guillaume Rischard to respond to the email Ticket#202208041000024 and redirect to the right person.
  • 2022-10-13 Guillaume Rischard to take the Ticket#2022100310000013 issue to the board (related to legal consequences for “unlicensed surveying”)
  • 2022-11-10 Guillaume Rischard to pass the message to the board member who wrote to the LWG about Open Database License (ODbL).
  • 2023-03-06 Kathleen Lu to write back to Iiro Laiho (Inquiry re Finnish satellite imagery) and have them clarify that the attribution is ok. The LWG to update the attribution.
  • 2023-04-03 Guillaume Rischard to ask Grant Slater regarding passing LWG tickets to OWG.
  • 2023-04-03 Dermot McNally to find wording that makes it clear to the recipients of the love letters that the letters come from mappers.
  • 2023-04-03 Guillaume Rischard to send the Attribution Guidelines (Case of German Federal Mapping Agency buried attribution)
  • 2023-04-03 Tom Lee to reply to the OSM Serbia community on GitHub asking for additional details (Ticket#2023030810000178 - Serbian Geodata)
  • 2023-04-03 Dermot McNally to put Benito Romualdo Palma Temoaya in touch with the Mexican community (Ticket#2023032410000272 – Asesoría)
  • 2023-11-13 Tom Lee to create a draft statement by the next LWG meeting that could be used by the board to encourage governments to publish under CC0, ODbL, OGL or with a waiver to OSM. [Topic: Ordnance Survey Ireland waiver - Update by Dermot McNally]
  • 2023-11-13 Tom Hummel to read https://open.nrw/system/files/media/document/file/opennrw_rechtl_gutachten_datenlizenzen_lowres_web.pdf https://open.nrw/verwendung-von-open-data-lizenzen [Topic: Ticket#2023110610000184 - Importing Austrian governmental data]m to add to add the following two templat
  • 2023-11-13 Tom Hummel to contact Falk, a lawyer from the German local chapter, and get his opinion on the general stance of mid-level governmental agencies. Estimated to have a response by early December. [Topic: Ticket#2023110610000184 - Importing Austrian governmental data]
  • 2024-01-08 Kathleen Lu to contact Lawdit and enquire about the cost estimate for opposing the trademark registration by UMBRAOSM.
  • 2024-01-08 Kathleen Lu to reply to Kirill Fedotov that the new MapBuilder designs for OSM account sign-ups look good.
  • 2024-01-08 Tom Hummel to reply to the last email about rescheduling the meeting regarding the Austrian governmental datasets , cc Dermot McNally and try to schedule a new date.
  • 2024-01-08 Kathleen Lu to reply to the reporter that, per horizontal layers, what was done with the Organic Maps feature related to https://github.com/organicmaps/organicmaps/pull/6523/commits/51b3fc992e66e49b4c9a77e3d3fb05d99027baf5 is fine for data about hotel booking, and enquire about further concerns.
  • 2024-01-08 Kathleen Lu to contact OWG regarding Matomo tracking (Q5: is there a delay after which old IP addresses are anonymised and Q6: For how long is Matomo tracking information retained by OSMF). LWG to answer questions one to four, providing the reasoning.
  • 2024-01-08 Kathleen Lu to forward this request for permission to use the OSM trademarks on the domains: osm.tips, osmtips.de, osmtips.eu, osmtips.org, osmtips.com to the board.
  • 2024-01-08 Guillaume Rischard to send an attribution love letter to OpenGeoHub, regarding OpenLandMap.
  • 2024-01-08 Guillaume Rischard to talk with Tom Hummel, before the latter talks to Falke.
  • 2024-01-08 Guillaume Rischard to provide a summary regarding the German federal cartography agency issue at the next meeting.
  • 2024-02-12 Guillaume Rischard to ask UMBRAOSM for a copy of their filling change request. [UMBRAOSM UNIÃO DOS MAPEADORES BRASILEIROS DO OPENSTREETMAP]
  • 2024-02-12 Kathleen Lu to email OSMtips and send them the template for project and domain grandfathering applications. [Topic: 2)OSM.tips and related domains]
  • 2024-02-12 Kathleen Lu to email OpenLandCover and suggest template https://osmfoundation.org/wiki/Project_Licence_and_Domain_Grandfathering_Application [Topic: 3)Query from Mateusz re OpenLandCoverMap]
  • 2024-02-12 Simon Hughes to provide the difference in number of POIs between the old and new datasets provided by Geolytica to TomTom. [Topic: Geolytica]
  • 2024-02-12 Kathleen Lu and Tom Hummel to talk with Sarah. [Topic: OSMF transfer plan scope of work quote from law firm]
  • 2024-02-12 Kathleen Lu to write back to EWG to ask for clarifications. [Topic: EWG enquiry about https://wiki.openstreetmap.org/wiki/GDPR/Affected_Services update]
  • 2024-02-12 Jim Vidano to contact the website with an attribution love letter https://osmfoundation.org/wiki/Licence/Attribution_Reminder_Templates [Topic: Ticket#2024011610000011]
  • 2024-02-12 Kathleen Lu to write back to inquirer that we will add to the copyright page, and that they should notify the Danish data authority that they will be represented on the /copyright alongside all our other prominent sources (there not being anything listed on the front page). Or you can get a CC waiver. Also cc Tom Lee [Ticket#2024020610000298]
  • 2024-02-12 Tom Lee to reply [Topic: application for forward geocoding addresses in Germany]
  • 2024-03-04 Dermot McNally to reply to Markus and suggest setting-up a meeting with the Austrian government. Tom Hummel would be interested to join. [Meeting with Brigitte Lutz/Austrian gov and OSMF Austria LC]
  • 2024-03-04 Jim Visano to finalise the letter to https://www.casaseneleste.com and bcc the LWG. Kathleen will add the letter to the LWG shared folder.
  • 2024-03-04 Kathleen Lu to write back that this OGL Ontario lecence is okay, please add to https://wiki.openstreetmap.org/wiki/Contributors#Canada before using [ODbL compatibility with Open Government License - Ontario]
  • 2024-03-04 Kathleen Lu to write back that this OGL Nanaimo is okay, please add to https://wiki.openstreetmap.org/wiki/Contributors#Canada before using [ [ODbL compatibility with OGL Nanaimo License - Ticket#2024030210000114]
  • /2024-04-08 Kathleen Lu to reply to Sarah indicating that the LWG is not completely confident in the firm. Therefore, there is a risk of investing money and time in something that may not be the most effective use of resources. However, both the board and the LWG can monitor the situation closely. Additionally, any delay would also come with associated costs. [OSMF transfer plan scope of work quote from law firm]
  • /2024-04-08 Kathleen Lu to write back that based on the slides, NNG seems to try to adhere to ODbL and the community guidelines. [Query from HERE forwarded by the Board]
  • /2024-04-08 Kathleen Lu to reply about the LWG's assessment of Croatia's open licence https://prod-data.gov.hr/en/open-license [Croatia open licence]
  • /2024-04-08 Kathleen Lu to reply about the LWG's assessment of York's Open Data licence https://insights-york.opendata.arcgis.com/documents/york-region-open-data-licence Ticket#2024030710000016 [Assessment of York Open Data licence Ticket#2024030710000016]
  • /2024-04-08 Kathleen Lu to reply. [University of Washington GIS data and layers and university policies Ticket#2024032010000456 Ticket#2024032010000456]
  • /2024-04-08 Kathleen Lu to reply about the LWG's assessment of Open Government License – Toronto [Assessment of Open Government License – Toronto]
  • 2024-05-13 Tom Hummel to ask the Belgian lawyers about tax-deductability of donations. [Topic: OSMF move to the EU]
  • 2024-05-13 Guillaume Rischard to ask Luxembourg lawyers for details on the UK side of migration. [Topic: OSMF move to the EU]
  • 2024-05-13 Guillaume Rischard to review the translation of the community guidelines by OSM France. [Topic: Local Chapter query about translation of community guidelines]
  • 2024-05-13 Kathleen Lu to write back and say that some French speaking members will have a look at the translation but we don’t have resources to officially bless the translation.
  • 2024-06-10 Guillaume Rischard to have a meeting with Tom Hummel, after the former's request, in order to formulate the question to Lawdit. [Topic: OSMF move to the EU ]
  • 2024-07-08 Kathleen Lu to reply to OSM France that we're still reading through, but assuming it looks ok, we can host the french translation on the OSMF website. [Topic: Queries from Local Chapter: OpenStreetMap France]
  • 2024-07-08 Kathleen Lu to reply to sender, mentioning the routing and that geometries are likely to be derivative databases. [Topic: GTFS]
  • 2024-07-08 Dermot McNally to read the email from Jochen again and see if he can draft something. [Topic: Queries from Local Chapter: Email from Jochen/Falk/FOSSGIS]

New action items from this meeting

  • Kathleen Lu to write back with approval of the Guelph (Canada) Open Data Licence Version 2.0 and add it to the OSMF page listing local variants of OGL Canada [Topic: Import the latest ArcGIS aerial data into OSM for the city of Guelph]
  • Dermot McNally/Tom Hummel to compare notes and email the developer of the App openstreets-4-open-street-map to request a disclaimer to be added to the description of the app. [Topic: Trademarks, App openstreets-4-open-street-map]
  • Kathleen Lu to send the grandfathering application form to Pavel Zbytovský of the Czech OSMF Local Chapter, for OsmAPP [Topic: Trademarks, OsmAPP]

Any updates on reported attribution cases?

Reports in OTRS:

Trademarks – any updates?

Reportage

OSMF move to the EU

Decision to not publish the minutes of this section.

Queries from Local Chapter: OpenStreetMap France – Translation of community guidelines

  • Kathleen added the comments of Simon Hughes's team lawyer to the French translation. There were around a dozen comments, most focused on the choice of words.
  • Guillaume might be able to pick-up nuances.

Next steps:

  • Dermot offered to look at the comments.
  • LWG to also ask Guillaume about the comments.

Topic confidential

Decision of the LWG to not publish the minutes of this topic.

Import the latest ArcGIS aerial data into OSM for the city of Guelph

  • The licence appears similar to other Canadian licences that were deemed compatible, with no additional clauses imposing further obligations.
  • No issues have been identified so far.
  • This licence compatibility question is about orthophotography for tracing purposes, not geodata, which is the focus of most other queries.
  • The licence seems straightforward and intended for public benefit.

Action item

Kathleen Lu to write back with approval of the Guelph (Canada) Open Data Licence Version 2.0 and add it to the OSMF page listing local variants of OGL Canada. (Post-meeting note: Done)

Trademarks

App openstreets-4-open-street-map

  • App from Germany, in German and in English.
  • Dermot reviewed and installed the app - it appears to have good intentions.
  • The app also provides non-OpenStreetMap layers (OpenSeaMap, Apple Maps).
    • Apple Maps use OSM data in some parts of the world.

On attribution

  • Flawless attribution.
  • The clarity of the attribution might lead users to mistakenly believe that it is an official app.
  • The developer clearly indicates that that they are independent from OSM and that the data is produced by the community. The OSM project is described as its own entity.

On the app's name
Are we comfortable with a mapping application using this name? It might not have used OSM data at all.

  • The description mentions "Open Streets for OpenStreetMap", which indicates that the part "for OpenStreetMap" is descriptive.
  • They also seem to refer to themselves as "open streets" in the description.

On languages of the app

  • The app supports German, English, French, Spanish, Italian, Ukranian, but the app description may be in a different subset of languages.
  • A screenshot on the App Store shows German text.

On grandfathering the app

  • The app may be old enough to be grandfathered-in.
  • The company is from 2010, but the app's age is unclear. Version 3.0 was released in 2020.

Suggestions

  • Add a clear disclaimer.
  • Considered grandfathering them in.
  • LWG to write in German a nice email asking the developer to add a clear disclaimer in all languages they use.

Wording to be suggested: Disclaimer: [Wordmark / name of logo] is a trademark of the OpenStreetMap Foundation, and is used with their permission. [We / this product / this project] are not endorsed by or affiliated with the OpenStreetMap Foundation. Source: https://osmfoundation.org/wiki/Trademark_Policy#2.2._Required_notices

Action item

Dermot McNally/Tom Hummel to compare notes and email the developer of the App openstreets-4-open-street-map to request a disclaimer to be added to the description of the app.

OsmAPP

  • Appears to be web-only, with no app available on the Google Play Store.
  • Sends analytics data.
  • Provides OSM editing capability, when signed in via the OAuth interface.

On attribution

  • The app includes proper attribution.
  • There is a clear disclaimer, with all the expected components.

On name

  • It seems acceptable to use the trademark.
  • Technically, the option for grandfathering under the trademark policy dates back to 2018. This app was likely created around that time, as GitHub indicates it is 6 years old.

Action item

Kathleen Lu to send the grandfathering application form to Pavel Zbytovský of the Czech OSMF Local Chapter, for OsmAPP. (Post-meeting note: Done)

Any other business

Queries from Local Chapter: Email from Jochen/Falk/FOSSGIS

Tom asked Jochen about his previous email to the LWG and he replied: No news from the enquiry he did a few months ago.

Concern
The main challenge could be the obligation to keep information up to date.

Suggestions

  • Continue monitoring the situation in various countries.
  • If approached, suggest that government agencies can update the data themselves. If they find it difficult, we could offer to find someone to mentor them. Every country should have at least one mapper motivated to assist.

Other points mentioned: FOSSGIS (German OSMF Local Chapter) has not received a response.

Consensus: It seems that no proactive action is required at this time.

Next Meetings

Monday 07 October 2024, 1700 UTC
Monday 18 November 2024 (back to winter hours - 1800)
Monday 09 December 2024, 1800 UTC

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