Licensing Working Group/Minutes/2018-12-13

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OpenStreetMap Foundation, Licensing Working Group - Agenda & Minutes
Thursday December 13th 2018, 20:00 - 21:00 UTC

Participants

Present:

  • Simon Poole
  • Nuno Caldeira

Guests:
Apologies:

  • Kathleen Lu
  • Jim Vidano

Minutes by: Dorothea

Administrative

Adoption of Minutes of last meeting

2018-11-08: Accepted

Previous Action Items

  • 2016-05-06 Dermot licence question wrt Ordnance Survey Northern Ireland Open Data.
  • 2017-03-02 Simon determine existing obligations towards sources listed on the copyright page.
  • 2017-05-04 All/Simon review import guidelines wrt licence “approval”.
  • 2017-09-05 Simon ask Lawdit for quotes for registering for the additional class suggested.
  • 2018-01-11 Simon fill in numbers for 2017 expenditures.
  • 2018-03-08 All 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.
  • 2018-04-12 Simon to contact openstreetmap.cymru. The LWG will allow use of domain name on the condition that if there's local group in the future, they will have to concede control to them and get agreement in writing, so that if domain expires it doesn't get squatted on.
  • 2018-04-12 Canadian licences reminder - no Canadian Licences are currently considered by the LWG, as some members of the community seem to think.
  • 2018-04-12 Simon to write short step by step guide of how to approach licencing considerations and add things to look out in the licences.
  • 2018-05-10 Jim to sign the LWG NDA.
  • 2018-09-14 Simon to email OpenStreetCab.
  • 2018-09-14 Open Data License - India (GODL) -Make statement, in line with other licences, to not use datasets with personal data which might be subject to privacy laws.
  • 2018-09-14 Simon to create section on OSMF website for license compatibility.
  • 2018-09-14 Simon to ask Grant if the OSMF address has to be changed on Domain registrations.
  • 2018-09-14 Simon to contact German lawyer involved with OSM about joining the LWG, touch base with Dermot, email the OSMF mailing list and contact Mapillary.
  • 2018-10-11 Simon to ask the board to contact the Working Groups about the NDA and ask people to sign up.
  • 2018-10-11 Simon to investigate about whether Wikimedia Germany has an in-house lawyer (related to the 2018-09-14 action item).
  • 2018-10-11 Jim and Kathleen to follow up on the “OSM contributor” app issue.
  • 2018-11-08 LWG to update the OSMF address on US DMCA website - should match OSMF website listing.
  • 2018-11-08 Kathleen to process the input from the meeting regarding the DMCA policy and add section to top, describing formal versus informal policy.
  • 2018-11-08 Simon to get guidance regarding information requests in UK from law enforcement.
  • 2018-11-08 Simon to ask William to provide information about the Canadian OGL variants he is interested in, in a systematic format.
  • 2018-11-08 Simon to ask OpenGeoHub to attribute us properly and perhaps make clear that they are not affiliated with OSMF and OSM, apart from using the data.
  • 2018-12-13 GDPR: We need to disclose the details about our hosted bookkeeping solution, Xero (they host in NZ and US), in the privacy policy.

Reportage

  • OpenGeoHub - done
  • OpenStreetCab mail sent - waiting for response
  • Domain names address change - Grant has done most
  • Kate has been contacted wrt UK legal guidance - no response yet

Budget 2019

WIP draft*

Decision: Approved to be sent to Treasurer as a first request.

Trademark related

  • Most money spent are trademark-related (registrations costs and costs for lawyers in other countries)
  • We can't expect very low rates from lawyers in other countries when there are problems with registrations.
  • No new registrations planned.

Trademark registrations

6 pending:

  • Good status: Mexico , Brasil.
  • Unknown status: Argentina.
  • Problematic, refused at least once till now: India, Russia, China. We're trying to get these through.

2 recently completed:

  • OpenStreetMap in Turkey.
  • State of the Map in US.

Trademark monitoring

  • OpenStreetMap and State of the Map.
  • Annual, recurring.
  • Money well spent.

Trademark transfer and renewal in Japan

  • Japanese trademark owned by Japanese association.
  • Part of the Local Chapter agreement is that the trademark is transferred to us - this has not been executed.
  • Rebudgeting this amount for the next years.

Legal action

  • 4K GBP spent this year on French cases.

GDPR

  • This year expected to pay substantial amount of money for GDPR consultation, but didn't spent it. No money allocated for next year.

T&E (Travel and entertainment)

  • Budget i.e. for conferences (For example: Creative Commons conference in Lisbon in May, entrance 300 USD).
  • We haven’t spent for such purposes up to now.

Update attribution guidance

Current:

Old discussions

The verbal advice we received at the time from Lawdit was that an icon / button did not fulfil the ODbL requirement for attribution.

The relevant section from the ODbL 4.3 for the required attribution of Produced Works is:

However, if you Publicly Use a Produced Work, You must include a notice associated with the Produced Work reasonably calculated to make any Person that uses,views, accesses, interacts with, or is otherwise exposed to the Produced Work aware that Content was obtained from the Database, Derivative Database, or the Database as part of a Collective Database, and that it is available under this License.

Time to revise the guidance written in 2012, as a lot of technical changes: mobile phones’ screenspace is larger.

Suggestion: Produce 2-3 page document, signed by board.

  • Formal document has psychological effect - people take it seriously.
  • Could include: “if you're showing part of map which has OSM data, you have to show attribution.”
  • Estimated duration of work: 1-2 months. Start in January.

“OSM” apps

There is a general issue that apps that contain “OSM” in their names (top examples from a quick search on googles play store: OsmAnd, OSMContributor, OSM Peak Finder, OSMTracker, OSM GIS, OSM Share Location Plugin, OSM sketch) are assumed to be products of the OSMF or similar.

Possible, reasonable, action: require clear disclaimers as suggested in the trademark policy.

Related question: should we suggest the same to the non-OSM related apps that use OSM (as for example in Online Soccer Manager) too?

Pro memoria:
https://play.google.com/store/apps/details?id=osmsketch.az.jp.osmsketch
seems to be promoting “vandalizing” OSM via uploading fake GPX tracks.

Note:
“OSM” (three letters) is not registered by us but we have some reasonable, legal standing that it can be confusing. Ask for disclaimer that they are not associated with OSMF.

Any Other Business

GDPR action item

We need to disclose the details about our new hosted bookkeeping solution, Xero (they host in NZ and US), in the privacy policy.

Next Meeting

January 10th 2019 20:00 UT on Mumble


Acronyms

* = Google document