Licensing Working Group/Minutes/2021-05-13

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OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
May 13th 2021, at 20:00 UTC

Participants

  • Kathleen Lu (chairing)
  • Dermot McNally
  • Jim Vidano
  • Michael Cheng
  • Severin Menard (guest, present for part of the meeting)

Apologies

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 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
  • 2021-02-11 Kathleen to check LWG-specific membership requirements on the OSMF website and CoI policy and provide to Dorothea any updates for the website.
  • 2021-03-11 Guillaume to sort out various email issues - Making sure Dermot is on the main legal mailing issue, making sure everyone is getting OTRS email notifications for the legal queue.
  • 2021-04-08 Dermot to ping Guillaume, so that the LWG can digitally sign e.g. requests for permission from PLOS.
  • 2021-04-08 Dorothea to update the website with Kathleen’s text on LWG conflict of interest policy.
  • 2021-04-08 Kathleen to reply to question sent to legal list about Argentina data.
  • 2021-04-08 Kathleen to ask OpenSnowMap to fill out the quick licence template and forward it to the board for counter signature.
  • 2021-05-13 Jim to contact Paul to confirm that the changes will be made on the website regarding the privacy policy update.
  • 2021-05-13 LWG to email “State of the Map Industry” conference to refrain from using the name in the future.
  • 2021-05-13 Dermot to contact Guillaume regarding creating OTRS templates.
  • 2021-05-13 Dermot, Michael and Jim to make passes of gap-list document within next week and on May 21st Kathleen to send agenda to the board and suggest discussion topics for the meeting.

Vote on membership of Tom Hummel

Decision: Report result of voting via circular

Membership application accepted on 2021-05-13 with 4 votes in favour: Kathleen Lu, Michael Cheng, Dermot McNally, Jim Vidano.

Guest - Severin - continued from last month

Decision: Report result of voting via circular

Membership application not accepted on 2021-05-13 with 4 votes against: Kathleen Lu, Jim Vidano, Michael Cheng, Dermot McNally.

Reportage

Jim - Privacy policy update status

Action item: Jim to contact Paul to confirm that the changes will be made on the website.

Trademarks - HOT, State of the Map

Humanitarian OpenStreetMap Team (HOT)

Kathleen continuing to liaise with outside counsel to produce a draft.

State of the Map

Might not be a recurring event.

Decision: LWG to email them to refrain from using the name in the future (done).

Question from Martijn van Exel regarding "Right to be Forgotten"

Right to be forgotten: "Ability to require organisations to delete your personal data."

  • Initial communication in Dutch.
  • Mailing list archives are public and maintained by the OSMF.

Points mentioned during discussion

  • There could be practical and contractual reasons to overrule the "right to be forgotten" GDPR obligations.
  • Voluntarily published information.
  • OSMF has a legitimate interest in retaining information for continuity of conversation.
  • Anonymisation of data contributions (relabeling of OSM user ID).
  • We have a month to respond.

Suggestions

  • Obscure the identity of the person invoking the "right to be forgotten", redact the name from the email reply and the original email.
  • Get advice from legal counsel.
  • Contact operations to find out if the redaction is technically feasible.
  • Make a recommendation to the board with the available options.

Attribution Guidelines

  • Message from outside counsel forwarded by Allan
  • Message from Tobias Knerr (OSMF board member) re gap list
  • Meeting with the Board to discuss goals?

On message from outside counsel (forwarded by Allan Mustard, OSMF chairperson)

Minutes redacted from this section.

On message from Tobias regarding "gap list" (document with points of current draft attribution guidelines, considered by LWG and the board to need discussion)

  • Kathleen has previously made comments on the document.
  • Some of the board members made edits on the document before the answer of Tobias Knerr (OSMF board member) on the gap list document, which were inconsistent with the answer of Tobias.

Other points mentioned

  • Dermot McNally (LWG) and Tobias Tobias Knerr (OSMF board member) had a meeting before the message from the outside counsel.
  • Current language of the draft is self-contradictory.
  • The only 2 minor issues that are resolved on the current draft are the RFC convention and the accessibility guidelines.
  • Ambiguity and unclearness in language is a source of leverage, helpful in enforcement.
  • OSM community is distinct from the open source community.

Suggestions

  • Drop the attribution guidelines and relicence.
  • No appetite on the board to change the licence.
  • Everyone to have a look at the last draft and make comments on the open issues.

On upcoming meeting with the Board

Suggested topics

  • * What leverage do we actually have and how does that impact our overall strategy?
  • The attribution guidelines as drafted are internally inconsistent and require harmonisation.
  • Framing of introduction and safe harbour principles.
  • What to do about the other information section.

Action item:: Dermot McNally, Michael Cheng and Jim Vidano to make passes of gap-list document within next week and on May 21st Kathleen to send agenda to the board and suggest discussion topics for the meeting.

Michael Cheng had to leave ~62’ after start.

Any other business

Kathleen going on leave June 12

Kathleen to be back at the December meeting.

  • Agendas & meeting reminders - Dorothea will take first pass
  • Chairing the meetings - Dermot “volunteered”
  • Response to OTRS tickets
    • Template answers.
    • Action item: Dermot to contact Guillaume regarding creating templates.
  • HOT trademark - Kathleen to try to wrap-up
  • Trademark watch notices - Dorothea will take first pass and forward any questionable ones to LWG for review
  • Attribution guidelines

Next Meeting

June 10 2021 20:00 UTC on BigBlueButton video room.