Licensing Working Group/Minutes/2024-11-18

From OpenStreetMap Foundation

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

Participants

  • Kathleen Lu (Chairing)
  • Simon Hughes
  • Tom Hummel
  • Tom Lee
  • Guillaume Rischard (OSMF board) (joined ~6’ until ~18’ after start)

Absent

  • Dermot McNally (Apologies)

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]
  • 2024-09-09 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]
  • 2024-09-09 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]
  • 2024-09-09 Kathleen Lu to send the grandfathering application form to Pavel Zbytovský of the Czech OSMF Local Chapter, for OsmAPP [Topic: Trademarks, OsmAPP]
  • 2024-10-07 Simon Hughes to sort with TomTom's IT department why he hasn't been receiving to his TomTom email address the emails sent to legal@osmfoundation.org [Topic: Trademarks - LWG member not getting the OSMF Trademark email notices]
  • 2024-10-07 Dorothea Kazazi to add Simon's personal email address to the LWG mailing list. [Topic: Trademarks – any updates?]
  • 2024-10-07 Kathleen Lu to keep an eye on the incoming invoice for the renewal of the Trademark watch notices service. [Topic: Trademarks – any updates?]
  • 2024-10-07 Dorothea Kazazi to check with the Finance committee if the LWG has 700 GBP left to spend this year for the Argentina trademark renewal. [Topic: Trademarks - Argentina Declaration of Actual Use]
  • 2024-10-07 Dermot McNally and Guillaume Rischard to discuss Dermot's comments in the LWG Signal chat room and decide on the suitability of the work. [Topic: Queries from Local Chapter: OpenStreetMap France – Translation of community guidelines]
  • 2024-10-07 Kathleen Lu to reply that data is either CC-BY-SA or ODbL, depending on the date of the data. [Topic: Licensing of OSM GPS traces #56357] Done
  • 2024-10-07 Kathleen Lu to add a note on the OSMF website https://osmfoundation.org/wiki/OGL_Canada_and_local_variants, so that before submitting, people can look at some of the Canadian licences examples and tell us if there is any difference, beyond the region and name. [Topic: Government of Alberta licence #5665] Done
  • 2024-10-07 Kathleen Lu to open an OPS issue, so that Tom Hughes can fix it. [Topic: Austria dead link on Copyright page] Done
  • 2024-10-07 Kathleen Lu to email Kamil Monicz. [Topic: Next Generation OpenStreetMap and osm.ng] Done
  • 2024-10-07 Kathleen Lu to reply to Amiria Maher.[Topic: Choosing names similar to OpenStreetMap in Persian #56267] Done

Reportage and action item updates

Survey in German

The survey was about use of POI and open data which is not interesting to the LWG.

OpenStreets-4-Open-Street-Map

Tom Hummel did not connect with Dermot.

OSM.ng

Kathleen emailed Kamil Monicz on 18th of November.

EU move

Guillaume to pick this up with the new board.

Any updates on reported attribution cases?

Reports in OTRS:

Board item: LWG 2025 budget

1. Trademarks: Renewals – one in UK, one in EU – Lawdit providing estimate
UK Mark - UK00915029911
Our legal fee of £350.00
Official renewal fees of £300.00
EU mark – 015029911
Our legal fee of £450.00
Official renewal fees of 1050 euros
2. Watch notice - GBP 911.40, probably the same next year
3. Dorothea's time.

On additional budget items
The LWG was asked if it wants any additional budget items, e.g. for licence enforcement.

> The LWG does not have the additional time and resources. Hiring someone for a few hours a month would also not work, because the LWG does not have time to supervise them.

Other point mentioned: The Argentina trademark renewal will take place this year and Michelle Heydon (accountant) has probably already paid the invoice.

Action item

Dorothea to provide the numbers above to the Finance Committee. [Done]

Board item: Grandfathering agreement for the OsmAPP project

Action item

Dorothea to email the Secretary again. [Done]

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

Action item

Guillaume to look at the comments and Dermot's questions.

Queries to legal-questions

Canadian licences: City of Winnipeg Open Data Portal, City of Surrey Open Data Catalogue, Open data city of Hamilton #56357

City of Winnipeg Open Data Portal

  • Looks ok. We need to include their attribution text to the copyright page.

City of Surrey Open Data Catalogue

  • Seems ok - not seeing any problems.
  • There are 6 in the import list.
  • Curious of when they put the licence out.

Decision: Approved.

Open data city of Hamilton

  • They have a very strong disclaimer of liability.
  • Attribution: seems not as flexible as the standard Canadian attribution language.
  • Cancellation: strongly worded - this would affect Microsoft, not OSM.
  • The OSM wiki https://wiki.openstreetmap.org/wiki/Canada#Ontario states: "So far incompatible (liability issues, may pass costs on to you if they get sued: Same issue with Ottawa's old license)"
    • Can't detect an indemnity provision.
  • The acceptable use agreement probably applies to the portal, not the data, so does not have an effect on OSMF, as long as we don't touch the portal.
  • There is https://www.hamilton.ca/acceptable-use-agreement-0 which seems to be about the portal.

Suggestion: Ask Microsoft to inquire for clarification.

Simon had to disconnect 23' after start.

Action item

Kathleen to write back that these are okay (with note to check other similar ones). [Done November 18]

Canadian licences: City of Edmonton and Calgary #58239

  • Most regions seem to change only the locality name, and their definition of personal information to the definition set out in their provincial law.
  • Every single region and hamlet comes up with their own version of the standard Canadian licence.
  • 2/3 of the Canadian licences that the LWG has reviewed so far seem functionally identical.
  • Some centralised review is still necessary - e.g. Hamilton.

Suggestion: streamlined process for Canadian municipal licenses review due to their high volume

The LWG to add a note to the OSM wiki page https://wiki.openstreetmap.org/wiki/Canada and potentially notify the mailing list regarding the compatibility of Canadian licences with the ODbL.

Community members interested in having a Canadian municipal licenses reviewed should:

1. Find the differences between the license they are interested in and the licence approved by the LWG for Ottawa. Acceptable changes compared to the Ottawa licence:
– setting the locality
– setting the venue
– setting the definition of PII
– setting the definition of records
2. Update the OSM wiki page https://wiki.openstreetmap.org/wiki/Canada linking to the diff and noting the changes.
3. If there are only the superficial changes listed above, then the licence does not require a separate review from the LWG. Community members should 1) update the OSM wiki page https://wiki.openstreetmap.org/wiki/Contributors#Canada and 2) notify the LWG for awareness.
4. If there are additional changes than the above superficial ones, people need to send the diff to the LWG.

Concern: is there too substantial risk of people reading the guidance when there are bigger changes.

Decision: The LWG to add a note to the Canada page with the new streamlined process.

Action items

Tapsi #56927

They were listed on the OSM wiki as not having proper attribution, they wrote to the LWG that they have and - upon LWG request - they sent a screenshot with "OpenStreetMap" on the corner, but it is unreadable (grey on grey).

Action item

Kathleen to ask them i) if "OpenStreetMap" links to the copyright page ii) to make the font color darker/more readable, and iii) if they would like to become a Corporate Member.

Compatibility of the licence Government of Japan Standard Terms of Use (Version 2)

The LWG reviewed the English translation of the proposed license.

  • The example is not a Geodata example, so it is hard to understand their attribution expectations and what they mean by "data covered by third party rights".
  • There is significant public and private sector entanglements in Japan when it comes to geodata. E.g. data sets with government participation that contain private information which are available to vetted recipients.
  • It's worth being cautious.

Suggestion: Request a geodata example for clarity.

Action item

Kathleen to ask Satoshi for a geodata example as Attribution and third party rights sections are too vague. done 11/18

bubatzkarte.de #57785

The website:

  • is for places where people can smoke marijuana.
  • is using OSMF tiles, so it is governed by our acceptable use policy. They are attributing OSM.
  • is stating that the website cannot be used by members or voters of a certain German political party - is a symbolic statement.

Consensus seemed to be: no violation of tile usage policy or German law.

Decision: no response needed.

footpath.ai imagery #58724

footpath.ai reached out to the LWG and want to allow use of their imagery for OSM contributions. They proposed some language.

Suggestions

  • propose to them to not tie the wording to ODbL, as OSM might move to a different licence in the future. Tying the wording to OSM is fine.
  • propose to them to change the word 'metadata" with another term (e.g. "extracted features" or "features").
    • The word "metadata" might be harmonised with the rest of their documentation.

Action item

Kathleen to reply.

Trademarks

openstreets-4-open-street-map #54960

Briefly mentioned during the reportage.

Next Generation OpenStreetMap and osm.ng

Briefly mentioned during reportage.

Next Meetings

Monday 09 December 2024, 1800 UTC
Monday 13 January 2024, 1800 UTC

Meeting adjourned 1 hour and 15 minutes after start.

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