Licensing Working Group/Minutes/2021-03-11

OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
March 11th 2021, at 20:00 UTC

Participants

  • Kathleen Lu (chairing)
  • Dermot McNally
  • Michael Cheng
  • Guillaume Rischard (OSMF board)
  • Tom Hummel (guest)
  • Severin Menard (guest)

Apologies

  • Jim Vidano

Minutes by Dorothea Kazazi

Administrative

Adoption of past Minutes

Previous Action Items

  • 2017-03-02 Simon to determine existing obligations towards sources listed on the copyright page.
  • 2017-05-04 All/Simon to review import guidelines with regards to licence “approval”.
  • 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.
  • 2019-01-10 Simon to draft text to developers of apps related to geo/mapping, having OSM in their names or using variations of our logo.
  • 2019-02-14 Simon to summarise the advice regarding information requests from law enforcement and send it around.
  • 2019-12-12 Simon to discuss trademark registration strategy (more countries, additional classes, etc) with lawdit
  • 2020-01-09 Simon to include text about downstream produced works to the FAQ.
  • 2020-03-12 Simon to send to Mateusz the link with the research by Kathleen on attribution on various apps.
  • 2020-09-10 Simon to set-up call with Kathleen and our UK lawyer about trademarks.
  • 2020-10-08 Jim to work on updating the privacy policy in relation to OSMF's use of a commercial CDN, and Kathleen will have a look at it.
  • 2020-10-08 Simon and Guillaume to look at the translation issue of the copyright policy page.
  • 2020-10-08 Simon to send his Moovit contact to Guillaume.
  • 2020-10-08 Simon to send a summary of which action items need to be done.
  • 2020-12-10 Guillaume to update wiki with BBB link.
  • 2020-12-10 Guillaume to send the action items from the board to the LWG mailing list.
  • 2020-12-10 Dermot to share with the rest of the LWG a document with points from the comments on the current draft.
  • 2020-12-10 Guillaume to provide board's answer on next steps for draft attribution guidelines and information on timing.
  • 2021-01-14 Guillaume to report on Board status re identification of outside counsel
  • 2021-01-14 Dermot to share with the rest of the LWG a document with points from the comments on the current draft.
  • 2021-01-14 Kathleen to share questions to outside counsel
  • 2021-01-14 LWG to share their questions with outside counsel
  • 2021-02-11 Kathleen to check LWG-specific membership requirements on the OSMF website and CoI policy and provide to Dorothea any updates for the website.
  • 2021-02-11 Michael to ask Facebook trademark lawyer and confirm whether the co-existence agreement is part of the public file wrapper record by default and if there is a way to designate it to not be public.

Vote on membership of Tom Hummel

Tom Hummel has applied to become a member of the Licensing Working Group (LWG).

Postponed.

Guest introduction - Séverin Ménard

Séverin Ménard has applied to become a member of the Licensing Working Group (LWG).
  • OSM wiki account: https://wiki.openstreetmap.org/wiki/User:FR:Severin.menard
  • French, living in Brazil for >10 years.
  • Geography and history backgrounds.
  • Joined OSM after the Haiti earthquake.
  • Involved in humanitarian and development related areas of open data.
  • Provided training about OSM in many countries in central Africa. Training was both technical, and also about the community, the Foundation and the difficulty of OSM ethics.
  • No legal background.
  • Employer: https://www.ungsc.org/

Questions to Severin

Who are the people that would work with OSM?

- Created local communities (doing OSM workshops) in French speaking countries in central Africa, where no communities so far. People from any background.

What makes you interested in the Legal Working Group, more than other Working Groups?

- Specific interest about attribution and licensing.
- Involved in teaching about OSM attribution, translated texts in French for the teaching courses.
- Considers attribution to be core in OSM.
- Would like to help and to make LWG processes understandable to the community - consolidation with minutes.

Jim - Privacy policy update status

Jim Vidano's (LWG) action item: updating the privacy policy in relation to OSMF's use of a commercial Content Delivery Network.

Skipped.

Comments on draft LWG Conflict of Interest (CoI) policy

The Licensing Working Group is working on a draft LWG Conflict of Interest (CoI) policy, based on the board one, adapted from examples of the LWG's past.

Comments by LWG members are welcome.

Trademarks - HOT, OHM, GeOSM

Humanitarian OpenStreetMap Team (HOT)

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

Related board discussions/circulars:

Board engaged outside counsel.
Next step: The board to figure out what the aim is, or set-up a meeting.

OpenHistoricalMap (OHM)

OpenHistoricalMap, a long-time project based on OSM, requested a formal trademark agreement. OpenHistoricalMap is grandfathered under the Trademark Policy.

Past LWG discussion: 2021 Feb

  • Passed to the board - currently on circular.
  • Co-existence agreement: is it part of public file wrapper by default and is there a way to designate it to not be?
    • Michael's update: probably not in this case. There are some edge cases where it is applicable.

GeOSM

In December 2020 the Licensing Working Group (LWG) received an inquiry regarding GeOsm and its trademark status. This was a topic of the January LWG meeting and Kathleen Lu (LWG) reached to Willy Franck Sob, the main operator of GeOsm. He explained that GeOsm is an expansion of GeoCameroun, and is now used by 21 African countries. It is a data portal to make open maps for the countries more easily accessible. His hope is that GeOsm will eventually be used by countries all over the world. The LWG suggested that OSMF should come with an agreement with GeOsm. The issue was added to the board February mid-month chat.

Past LWG discussion: 2021 Feb

  • Kathleen mentioned she had provided comments.
  • On board's end.

Guillaume - Board hiring of outside counsel - status update?

Any other business

Legal-questions@ emails on OTRS

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@osmfoundationorg.

Action items

  • Guillaume to make sure everyone has access to the OTRS queue for legal questions.
  • Guillaume to make sure Dermot is in the LWG mailing list with an email he has access to.

Kathleen and Michael disconnected, then Séverin.

Resources about legal literature and OpenStreetMap

Question by Tom Hummel.

  • Work by Dr. Marlena Jankowska (past LWG member).
  • Richard Fairhurst 's article about aerial imagery and copyright.
  • Suggestion: communication with Simon Poole (past LWG chairperson) about resources.

Next Meeting

8 April 2021 20:00 UTC on BigBlueButton