OSMF updates/2021-08/Licensing Working Group Overview

From OpenStreetMap Foundation

Licensing Working Group, Contact/Join

Licensing matters relating to using our geodata, (our end user license, community guidelines, License FAQ)

Licensing matters relating creating our geodata, (contributor terms, imports, using aerial imagery ...)

Legal matters relating to responsibility and risk, (trademarks, safe harbour, privacy, child protection, ...)

Minutes: Licensing Working Group

  • Please note that the list below covers mostly topics discussed during Licensing Working Group (LWG) meetings, from August 2020 to August 2021.
  • For some of the topics below there might be updates which have not been mentioned during meetings.
  • Many enquiries are replied/resolved via email only and do not arise as topics during meetings.

Draft Attribution guidelines

Trademarks related

Whenever you use the OpenStreetMap marks (e.g. logos, "State of the Map") regardless of why you are allowed to use the marks, you must comply with the requirements in the Trademark Policy (Trademark Policy FAQ).

Humanitarian OpenStreetMap Team (HOT)

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

OpenHistoricalMap (OHM) - approval of co-existence agreement by OSMF board

The OSMF board has approved on 2021-04 the co-existence agreement with Jeff Meyer of OpenHistoricalMap.

LWG minutes:
2021-04, 2021-03, 2021-02, 2021-01, 2020-12 OpenHistoricalMap vs OpenHistoryMap trademark issues

GeOsm - approval of trademark licence agreement by OSMF board

The OSMF board has approved on 2021-03 the trademark licence agreement (reviewed by Kathleen Lu, LWG) with GeOSM.

Background by Jean-Marc Liotier (OSMF board) - initially published as a diary entry:

In December 2020 the Licensing Working Group (LWG) received an inquiry regarding GeOsm and its trademark status. As GeOsm contains “OSM” which is a trademark of the OpenStreetMap Foundation, it comes under purview of our licensing policy. This was a topic of the January 2021 LWG meeting and Kathleen Lu (LWG) reached out to Willy Franck Sob, the main operator of GeOsm, to study its application.

GeOsm is a portal for distributing free geographic data. Its goal is to make OpenStreetMap data and other open data more easily accessible, especially to users in developing countries. A Cameroonian-led project, it already offers national data for 21 African countries - but it has potential for wider horizons.

Considering the compatibility of GeOsm’s ethos with OpenStreetMap, the LWG suggested that the OSMF should come to an agreement with GeOsm. Within that framework, Jean-Marc Liotier (Board Member) drafted an agreement (see annexed PDF) to define under what conditions the OSMF will permit the GeOsm trademark. Most of the clauses are typical generic points of a trademark licence agreement, but some are specific to OpenStreetMap and will interest our members most:

  • The GeOsm trademark shall only be used as the brand for distributing geographic data under open data licenses as defined by the Open Knowledge Foundation’s Open Definition published at http://www.opendefinition.org/okd/
  • A major part of the data distributed by the GeOsm must originate from OpenStreetMap.
  • Any code for the GeOsm site used as a point of distribution must be published under an open source license according to the Open Source Definition published by the Open Source Initiative.
  • Any code necessary for converting OpenStreetMap data to the format consumed by the software of the site used as a point of distribution must be published under an open source license according to the Open Source Definition published by the Open Source Initiative.
  • No proprietary data shall be distributed by GeOsm.

So, on top of Willy Franck’s communicative enthusiasm about OpenStreetMap in the African context, this trademark license gives the OSMF a solid guarantee that its brand will not be tainted by diverging interests.

Beyond these defensive measures, this formal agreement is also a nod to a community-led African initiative - free software developed by African leaders is not yet a common occurence, and the OSMF looks forward to GeOsm developing original approaches to bring OpenStreetMap data to new audiences and make them participants.

The OSMF took advantage of Jean-Marc’s presence in Cameroon to participate in a formal signing ceremony, with representatives of the Ministry of Local Development and Ministry of Housing and Urban Development in attendance. They confirmed the strong interest of their government in collaborative approaches to geographic data and the technological appropriation of geographical information systems through local initiatives.

LWG minutes:
2021-03, 2021-02, 2021-01, 2020-12

OpenSnowMap - approval of trademark grandfathering application by OSMF board

The OSMF board has approved on 2021-07 the grandfathering application by Yves Cainaud for Opensnowmap.org.

The OSMF board received a trademark use request by Yves Cainaud for Opensnowmap.org. The project appears to have started before the trademark guidelines were in place. The board consulted the Licensing Working Group (LWG), which had no objection.

Template for project licence and domain grandfathering applications.

OpenBusinessMap - signed co-existence agreement

Co-existence agreement signed on 2020-12 by Ploetz + Zeller GmbH regarding OpenBusinessMap.

LWG minutes:
2021-01, 2020-11 Update & funds allocation, 2020-10

OpenFricheMap - dropped application for trademark registration

Application for trademark registration of "OpenFricheMap" by Safer was opposed by OSMF. Goods/services associated with the mark included cartographic services. After contact, the application was dropped and Safer will work together with OSM France.

LWG minutes:
2020-08, 2020-04

State of the Map Industry conference - will refrain from using the name in the future

A conference called "State of the Map Industry" took place in 2021. After contact by the LWG, they will refrain from using the name in the future and hope that OSMF can join them at an event in the future.

LWG minutes:
2021-06, 2021-05

OSM marks - Japan, Mexico, Philippines, United States

  • Japan - Registration of marks by OpenStreetMap Foundation Japan. The registered marks are being transferred to the OpenStreetMap Foundation. Related minutes: 2021-01 Japan Trademark transfer and 2020-08
  • Mexico, Philippines, United States updates on 2020-08

Privacy policy

On 2020-10 the Operations Working Group asked for an update of privacy policy, due to the:
  • use of Amazon Web Services (AWS) for user images - the current AWS contract includes standard contractual clauses - and
  • use of a commercial content delivery network for tiles (Fastly), as they are operating as a data processor for us.

LWG minutes:
2021: 2021-01, 2021-02, 2021-03, 2021-04,2021-05, 2021-06
2020: 2020-10 Use of commercial CDN / Privacy Policy update, 2020-12 Reportage: Privacy policy update

Attribution issues

Moovit committed to improve OSM attribution in their app (attribution was ok on their website) - the plan was for the app attribution to be visible in the September 2020 app release.

LWG minutes:
2020 Aug, Sep, Oct (Reportage and dedicated topic)

LWG internal

Adopted Conflict of Interest (CoI) policy
The LWG has written and adopted (2021-04) the following LWG Conflict of Interest (CoI) policy, based on the Conflict of Interest policy of the OSMF board.

LWG minutes:
2021-01, 2021-02 Need to update LWG-specific membership requirements and Conflict of Interest (CoI) policy on wiki, 2021-03, 2021-04

Formalised process to join the working group
The LWG has formalised the process to join the working group.

LWG minutes:
2021-01, 2021-02 Need to update LWG-specific membership requirements and Conflict of Interest (CoI) policy on wiki

Communications: Switched to video meetings and created channel on Signal
LWG membership changes and applications

LWG Membership applications

LWG membership updates

  • Dermot McNally since 2020-11 is again regularly attending the LWG meetings and currently acts as the LWG chairperson while Kathleen Lu is on leave (till November 2021).
  • Guillaume Rischard (OSMF Board) is the liaison of the board with LWG and is regularly attending the LWG meetings.
  • Kathleen Lu became the new LWG chairperson.
  • Simon Poole (LWG chairperson) stepped down on November 2020.
Discussions about OTRS access
OTRS (originally Open-Source Ticket Request System) is an issue/ticket tracker used by several OSMF Working Groups. The LWG uses it, for example, to handle email enquiries received on the email address legal-questions@osmfoundation.org. Please note that the OSMF Operations Working Group is looking for alternatives to OTRS 6 as new versions of OTRS are no longer open source.

LWG minutes:
2021-03, 2021-04, 2021-07

Discussions about jandover preparations due to members stepping down or going on leave

Other topics discussed during LWG meetings, August 2020 to August 2021