Licensing Working Group/Minutes/2021-07-08

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OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
July 8th 2021, at 20:00 UTC

Participants

  • Dermot McNally (Chairing)
  • Jim Vidano
  • Michael Cheng
  • Tom Hummel
  • Guillaume Rischard (OSMF board)

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.
  • 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 Conflict of Interest 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.

Check OTRS tickets

List provided by Dermot.

  • Some spams.
  • One user deletion request in Italian.
  • One threat of legal action over representation of India/Pakistan border in Kashmir.
  • One inquiry about use of the map (subject refers to API). Seems to be same individual Allan replied to by email.
  • A question on the use of OSM screenshots in a documentary.
  • We will point to the recently adopted attribution guidelines.
  • A claim that content in one of our notes (for a non-mapped feature) is wrong, requesting correction, providing business web site for this purpose.
  • Data Working Group has a standard form for replies - ticket to be assigned to them.

Action: Guillaume to meet with Dermot about using 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@osmfoundation.org.

Tom Hummel no OTRS access

Dorothea has already asked the sysadmins to grant access.

HOT draft trademark agreement questions

Origin of the document: OSMF Local Chapter template agreement.

Question by Tom Hummel on $1.5:
“Any obligation on a party not to do something includes an obligation not to allow that thing to be done.”
Are the parties are obliged to police their community?

  • Probably does not imply policing.
  • “Allow” would require knowledge.
  • Sounds very broad.
  • There was a joined session of OSMF board members and HOT.

Suggestions:

  • Session with Tobias Knerr (board member).
  • Put the comments on the draft in a collaborative document.

On what's in for OSMF
We give the right to use our trademarks - what do we expect in exchange?

  • Agreements such as these aim to regularise action of bodies that present OSM and are good for the project.
  • The current draft might be dangerous for them, because a future OSMF board might not want to continue it.
  • OSMF is facing problem with sustainability, that the board tries to address with getting sponsorships.
  • Different views in the board about what should go in the contract.

Suggestions

  • LWG to draft a proposal for what we should be charging (e.g. cost of the lawyer to draft the agreement) and take it to the board.
    • Can offer them an account of how the money is spent.
    • Exclusivity for the name.
  • Think of an alternative payment mechanism. Advisory Board seat equivalent (e.g. meetings with Secretary).

Actions

  • Dermot to email the board and raise framing context to get better guidance.
  • LWG members to comment on next meeting.

gdpr_openstreepmap.org_tsfkd@*****.*** issue resolved?

Art. 6 I 1 lit. f DS-GVO documented in the past?

  • Email address is generally retained for accountability of edits.
  • No existing mapper can contact them after account deletion.
  • We are within our rights.

Documentation for retaining email address: https://wiki.osmfoundation.org/wiki/Privacy_Policy#Email_Addresses

Suggestions

  • Explain the legal situation and that they cannot be messaged.
  • Retain reply to be used for future template.
  • Add text to privacy policy regarding accountability.

Action: Tom Hummel to reply.

Topic not to be minuted

Guidance on approach for Opensnowmap.org paperwork

Topic suggested by Dermot McNally and related to an email asking for guidance by Amanda McCann (board member).

Actions

  • Dorothea to add the topic to the agenda of the next board mid-month board chat, as the trademark application has not been approved by the board yet.
  • Jim Vidano to look at next steps afterward.

Submitted to copyright report: Commisso AG, Convenience Shop, request for deletion due to no longer being up-to-date

Topic suggested by Dermot McNally and related to communication by Tom Hummel (LWG).

Michael disconnected (60’ after start).

Anyone can make the change in the data.
Establish standing of sender.

Suggestion: contact local mappers.

Data Act meeting

Action: Tom Hummel and Jim Vidano to participate in the meeting. Possibly also Guillaume Rischard.

Suggestion: ask Michael Cheng (LWG) to join and Simon Poole (past LWG Chairperson) to share his opinion.

Publishing the Attribution Guidelines

Action: Dermot McNally to publish the attribution guidelines both as a webpage and linked document.

License waiver and permission templates point to Google Drive - Request to move the files or content to the wiki

Action: Dermot to add the documents to the OSMF website.

Has our trademark was converted to an UK trademark, and is the EU one is still valid?

Topic via Guillaume Rischard.

Actions

  • Guillaume Rischard to ask Simon Poole (previous LWG Chairperson) for more information.
  • Dorothea Kazazi to send trademark information to Tom Hummel.

Trademark notices

Open Street Gallery.co

Action: LWG to decide by Tuesday if it needs any action.

Any Other Business

Congratulations to Kathleen

Congratulations!

Asynchronous chat channel for LWG

Suggestion to use Signal.

Next Meeting

August 12th 2021 20:00 UTC on BigBlueButton video room. The minutes will be here.