Licensing Working Group/Minutes/2024-12-09

From OpenStreetMap Foundation

OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
9 December 2024, 18:00 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]
  • 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 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 email Kamil Monicz. [Topic: Next Generation OpenStreetMap and osm.ng]
  • 2024-11-18 Dorothea Kazazi to provide the numbers above to the Finance Committee. [Topic: Board item: LWG 2025 budget] Done
  • 2024-11-18 Dor<nowiki>othea Kaz/nowiki>azi to email the Secretary again about counter-signing the OSMAPP grandfathering agreement [Topic: Board item: Grandfathering agreement for the OsmAPP project] Done
  • 2024-11-18 Guillaume Rischard to look at the comments on the french translation of community guidelines and Dermot's questions. [Topic: Local Chapter: France – Translation of community guidelines]
  • 2024-11-18 Kathleen Lu to write back that the Canadian licences: City of Winnipeg Open Data Portal, City of Surrey Open Data Catalogue, Open data city of Hamilton are okay (with note to check other similar ones) [Topic: Canadian licences: City of Winnipeg Open Data Portal, City of Surrey Open Data Catalogue, Open data city of Hamilton #56357] Done
  • 2024-11-18 Kathleen Lu to reply to the senders about the Canadian licences: City of Edmonton and Calgary [Topic: Canadian licences: City of Edmonton and Calgary] Done
  • 2024-11-18 Tom Lee to draft text for the new streamlined process at https://wiki.openstreetmap.org/wiki/Canada Kathleen to add notes and the Tom Lee to publish it [Topic: Canadian licences: City of Edmonton and Calgary])
  • 2024-11-18 Kathleen Lu to ask Tapsi 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. [Topic: Tapsi #56927]
  • 2024-11-18 Kathleen Lu to ask Satoshi for a geodata example as Attribution and thrid party rights sections are too vague. [Topic: Japan Standard Terms of Use (Version 2) – Enquiry from Satoshi] Done
  • 2024-11-18 Kathleen Lu to reply to footpath ai. [Topic: footpath.ai #58724] Done

Any updates on reported attribution cases?

Reports in OTRS:

Reportage

Board item: Grandfathering agreement for the OsmAPP project

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

Tapsi #56927

Email sent to them on December 8th.

Updating Canada OGL instructions

Tom Lee to update.

Board item: PH Trademark

  • The trademark in the Philippines expired because we didn't send them proof of use.
  • The LWG had likely contacted the board, asking them to enquire with the PH community about providing proof of use.

DMCA registration renewal due in January 2025

Action item

Kathleen to submit online the paperwork for the DMCA registration renewal, later this month.

Donations page needs refresh

Issues

Suggestions

  • The CWG should update the OSMF website, as people need to dig deep into the website to find out how to donate or become members.
  • Add a signature block to email replies sent via OTRS.

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

  • Guillaume has accepted the changes and looked at the "regional cuts" section.
  • Guillaume picked up on some terminology issues of the translation.
  • As long as issues are flagged, we don't need to correct them.

Queries from Local Chapter: Japan’s new Public Data License (PDL)

Satoshi sent more examples for Japan. Also said that the government recently changed the standard terms to a public data licence, which doesn't have a published official English translation.

On language

The examples sent by Satoshi are in Japanese and are hard to review.

On government of Japan standard terms of use version 2

  • Satoshi linked to them last time and the LWG had decided that it

is difficult to assess without context.

  • Potential issue: the third party right sections are too vague.
  • While the Japanese terms were based on the UK open government

licence, they seem to be substantially different.

Japanese agencies

  • It sounds like that the various Japanese agencies don't seem

to have adopted the new licence yet and that Satoshi is wondering whether to suggest it to them.

  • Most agencies use the previous version of the government of Japan

standard terms of use.

  • The old terms were not used consistently. There was a lot of dual

licensing and agencies seem to have been licensing on a dataset-by-dataset basis.

On public data licence

  • This seems to be the result of a pan-governmental open data

initiative, aiming to establish an overarching policy that they probably think is compatible with the various agencies' licenses, but there are inconsistencies.

  • Improvement: "for content that third parties hold rights to"...

"we will state this in important information regarding the public data terms of use". They're specifying the expectation that the agency will describe the third party rights in a document, so that people can avoid them as needed. Appears to try to clean up some issues of the old version.

  • On "obligation to include a statement expressing that the content

has been edited": this is something we could do.

  • On "citing sources*. For example, when people do imports, there

is usually a tag associated with the import.

  • It seems they're saying is you can't have other policies

or terms contradict this licence.

  • Any agency can add conditions to the licence template.

The LWG position seems to be:
The new version is a significant improvement, as it adds clarifications, but the LWG cannot categorically say that anything using the new license is compatible, as i) the LWG is working on an automatic translation of the document and ii) agencies can add conditions.

Action item

Kathleen to reply that the new version is a significant improvement, as it adds clarifications, with the caveat that the LWG is working on a machine translation of the document. It will be noted that local agencies can add conditions, so if an agency converts to these new terms, they would need to evaluate that specific agency's licence to determine if it's compatible. The new licence is an improvement for agencies which do not have an agreement with the LC. Satoshi to confirm if it looks right to him.

Reply sent on the 16th of December.

footpath.ai imagery #58724

Replied on 8th of December:

"Dear Meead, Thank you for reaching out, and thank you for making your imagery available for improving OSM. As to the exact language, we would suggesting using a different term than "metadata", as people usually think of metadata as things like filename, date created, lasted accessed, etc. Perhaps "extracted features"? You give examples of what you mean, so that's helpful.

We would also recommend not specifically tying the license to ODbL. Specifying that the license is solely for contributions to OpenStreetMap is fine (and common), but there is a chance that the contributorship of OSM might vote to switch from ODbL to a different open license. (This is not particularly likely, but OSM did switch from CC-BY-SA to ODbL a decade ago, so there is some precedence for the possibility, thus we try to avoid future potential headaches.)

Additionally, you might consider adjusting "You may publish the extracted metadata directly to OpenStreetMap" to "You may directly contribute extracted features directly to OpenStreetMap, or make the extracted features available for others to contribute to OpenStreetMap." It's fairly common among OSM tooling for one contributor to produce a tool that shows suggested/possible edits, while others asynchronously provide the human input needed to actually add the edit to OSM, so consider if you would like to enable that type of use.

Finally, please specify that the license is "worldwide, perpetual, royalty-free", and that footpath.ai disclaims rights in the extracted features apart from the images. I believe that is what you're intending, but it's best to spell it out!"

openstreets-4-open-street-map

  • Dermot McNally and Tom Hummel discussed this recently and wrote a draft email proposing a disclaimer to be added to the website.
  • In Germany, a request to note that a project is not affiliated with an organisation, would probably be unusual.
  • The company seems to be small.

Suggestions

  • Email the developer directly and copy the LWG - can't do it via OTRS.
  • Reply to Amanda's email and close the OTRS ticket.

About OTRS/Znuny

  • On OTRS we can't substitute the recipient address.
  • Notes are added to OTRS in order to facilitate the discovery of previous history about issues/entities.
  • The LWG can create a template for e.g. notes. Tom Hughes or OPS will have to enable the template and add it to the LWG group for use.

Action item

Tom Hummel to email the openstreets-4-open-street-map developer, copy legal@ and then close Amanda's OTRS ticket.

Next Generation OpenStreetMap and osm.ng

Next Meeting

Monday 13 January 2024, 1800 UTC

Meeting adjourned 55 minutes after start.

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