Licensing Working Group/Minutes/2022-03-17

OpenStreetMap Foundation, Licensing Working Group (LWG) - Agenda & Minutes
17 March 2022, 18:30 UTC

Participants

• Kathleen Lu (Chairing)
• Guillaume Rischard (OSMF board)
• Simon Hughes

Absent

• Dermot McNally
• Jim Vidano
• Tom Hummel

LWG member list
Minutes by Dorothea Kazazi

Administrative

Adoption of past minutes

• 2022-01-13 Accepted
• 2022-02-17 Accepted

Previous Action Items

• 2017-03-02 Simon Poole to determine existing obligations towards sources listed on the copyright page.
• 2017-05-04 All/Simon Poole 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 Poole 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 Poole to summarise the advice regarding information requests from law enforcement and send it around.
• 2019-12-12 Simon Poole to discuss trademark registration strategy (more countries, additional classes, etc) with lawdit
• 2020-01-09 Simon Poole to include text about downstream produced works to the FAQ.
• 2020-03-12 Simon Poole to send to Mateusz the link with the research by Kathleen Lu on attribution on various apps.
• 2020-09-10 Simon Poole to set-up call with Kathleen Lu and our UK lawyer about trademarks.
• 2020-10-08 Jim Vidano to work on updating the privacy policy in relation to OSMF's use of a commercial CDN, and Kathleen Lu will have a look at it.
• 2020-10-08 Simon Poole and Guillaume Rischard to look at the translation issue of the copyright policy page.
• 2020-10-08 Simon Poole to send his Moovit contact to Guillaume Rischard.
• 2020-10-08 Simon Poole to send a summary of which action items need to be done.
• 2021-01-14 Guillaume Rischard to report on Board status re identification of outside counsel
• 2021-02-11 Kathleen Lu 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 Rischard to sort out various email issues - Making sure Dermot McNally is on the main legal mailing issue, making sure everyone is getting OTRS email notifications for the legal queue.
• 2021-07-08 Guillaume Rischard to meet with Dermot McNally about using OTRS.
• 2021-07-08 LWG members to provide comment on the HOT draft trademark agreement on the next meeting.
• 2021-07-08 Tom Hummel to reply to the gdpr_openstreepmap.org_tsfkd@ email.
• 2021-07-08 Jim Vidano to look at next steps for Opensnowmap.org paperwork after the trademark request has been approved by the board.
• 2021-07-08 Dermot McNally to ask Tobias for expected outcome regarding the request for change of the text of the standard tile license.
• 2021-08-12 Tom Hummel to suggest text to be published regarding OSMF's legitimate interest in processing personal data.
• 2021-08-12 Dermot McNally to reply to Tobias about simplifying the text of the tile licence.
• 2021-08-12 Dermot McNally to make the pull request on Github openstreemap-website regarding attribution requirements for OSMF tiles
• 2021-08-12 Dermot McNally to communicate back to contacts regarding Australian data attribution and suggest filling the waiver template.
• 2021-08-12 LWG to identify OSMF legal texts that might be needed under German law to be in German.
• 2021-09-09 Jim Vidano to ask Simon Poole whether he has previous emails contacting companies that were not displaying attribution.
• 2021-09-09 Guillaume Rischard to check past emails (e.g. last year ones related to case in Germany where they settled in court) for any sent to companies not complying with attribution requirements and to send what he finds, including links to the Github repositories with the lists of not complying organisations, to the Signal group.
• 2021-09-09 Jim Vidano to have create a draft template email for the community to contact organisations regarding non compliance with the attribution guidelines
• 2021-09-09 Dermot McNally to reply to Jean-Marc Liotier (board of directors) with the LWG decision to create a template email for minor cases of non-compliance with the attribution guidelines available to the community and the LWG to directly contact bigger companies.
• 2021-12-09 Dermot McNally to email Martin Koppenhoefer (community member) asking for information on how he knows that the Canadian company he reported to LWG uses OSM.
• 2021-12-09 Dorothea Kazazito invite Simon Hughes to January meeting.
• 2022-01-13 Simon Hughes to download a copy of the Copyright FAQ page and mark anything that is not matching the attribution guidelines or is confusing and circulate that to the LWG.
• 2022-01-13 Kathleen Lu to draft a sentence to update the attribution in videos section of the attribution guidelines and ask the board to approve in a circular.
• 2022-02-17 The LWG to add comments to the draft template email by Dermot that the community will be able to send to people who have used OSM data without attribution (Belgian love letter).
• 2022-02-17 Dermot McNally to have another look at the draft template email (Belgian love letter).
• 2022-02-17 Guillaume Rischard to mention 1) the changes to the copyright page to the board, in case there are any disagreements, 2) that a budget might be requested for translations.
• 2022-02-17 Dermot McNally to do the pull request for the changes to the copyright page.
• 2022-02-17 The LWG to make edits to the Copyright FAQ page and mark anything that is not matching the attribution guidelines or is confusing and circulate that internally.
• 2022-02-17 Guillaume Rischard to mention the suggested changes to the attribution guidelines to the board and that if anyone has any objections to create a circular before the 17th of March.
• 2022-02-17 Kathleen Lu to write back to Tobias Knerr (board) regarding the board's enquiry about the community's specific suggestion for more prominent attribution (see e.g. the "Made with OpenStreetMap" thread on osmf-talk – as well as these image suggestions: https://twitter.com/HeikkiVesanto/status/1485939523469070340/photo/1)
• 2022-02-17 Tom Hummel to check with Falk Zscheile from FOSSGIS (German Local Chapter) if the recent case about a printed map in Germany without attribution is on their radar. If not, the LWG will use Dermot's "love letter".

Welcome to Simon Hughes

Action item: Dorothea to add Simon to the LWG mailing list and to the LWG chat channel on Signal.

openSenseMap

Background Guillaume Rischard asked the LWG if anyone knows openSenseMap..

• 2019-05-18 Simon Poole sent them a friendly email but did not get a response.
• 2020-02-16 Michael Reichert sent an email to LWG about them.

• They are an LLC, launched in 2014.
• They are getting support from the German Education ministry.
• Simon Poole sent them a friendly email on 2019-05-18 but they did not reply.
• The LWG received an email about them by Michael Reichert on 2022-02-16.

Dorothea has forwarded the two related emails to Tom Hummel (LWG) after request.

LWG's aim: Addition of note about no affiliation to OSMF.

Other points mentioned during discussion

• When a project has a similar name to OpenStreetMap and uses OSM data, people tend to think that it is related to the OSM Foundation.
• We have a co-existence agreement with OpenHistoricalMap.

Action item: Tom Hummel to contact OpenSenseMap.org

Updates

Attribution in videos

Background Kathleen: Seeing a lot of questions about attribution in videos - should we have more specific guidance for TV/Movies vs online videos, where attribution (and link) could also be in the description of the video instead of or in addition to credits?

Kathleen’s recommended edits to the attribution guidelines in bold:

For fictional productions or where the map is not the focus of the production, attribution may be given on the map, in end credits, or, if the video is distributed via a digital format that includes a description, within the description. When attributing via the end credits or the description, the URL to openstreetmap.org/copyright must be included.

For incidental footage of a third party map that uses OSM as a source, you must not digitally alter or erase the existing attribution on that map, but you do not need to do anything further (for example, if you film a person typing on their laptop and a map is visible on their laptop screen).

For productions where an OpenStreetMap map is a major component of what is shown to users, the attribution should typically appear in a corner of the map, in addition to attribution in the end credits or description. As long as the credit is on screen long enough to be read, it does not have to remain in view during panning or zooming.

Previous LWG minutes

• 2022-02-17 [Licensing_Working_Group/Minutes/2022-02-17#Attribution_in_videos|Attribution in videos]]
• 2022-01-13 Attribution in videos

Topic added by Kathleen Lu.

Edits to the attribution guidelines regarding attribution in videos have been made.

Reported attribution cases

Reports in OTRS

• Ticket#2021081210000057 — printed maps with false copyright; no response yet
• Ticket#2022011910000082 – interparcel.com
• Ticket#2022012610000149 - https://poster.printmijnstad.nl/editor/city

HOT trademark agreement

Background 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 OSM marks.

Related:

• 2022-02 HOT trademark agreement
• 2021-09 Followup on HOT draft trademark agreement (Licensing Working Group), HOT draft trademark agreement (mid-month board chat)
• 2021-08 HOT draft trademark agreement (Licensing Working Group), HOT trademark grant (mid-month board chat)
• 2021-07 HOT draft trademark agreement questions (Licensing Working Group)
• 2021-07 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
• 2021-07 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
• 2021-07 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
• 2021-07 Humanitarian OpenStreetMap Team trademark (Licensing Working Group)
• 2021-02 board chat, public board meeting and the board approved £1800 for consultation by Lawdit on the HOT trademark grant
• 2021-01-19 HOT and OSMF board members meeting (Participants: McCann (OSMF board) and Abelshausen (HOT board))
• 2021-01-14 HOT board and OSMF board meeting.
• 2020-12 HOT emailed the OSMF board regarding coordination between OSMF and HOT in order to improve OSM as a global project and suggested meetings of the two boards.

Update by Guillaume Rischard (board chairperson)

• Guillaume to meet Tyler Radford (HOT) on 30 March.
• The OSMF board agrees with LWG that we have to be clear and that requesting a trademark fee is counterproductive.

Needed: Update to Copyright FAQ page to match new attribution guidelines

Background There is a need to update the Copyright FAQ page to match the Attribution guidelines.

Previous LWG minutes

• 2022-02-17 Needed: Update to Copyright FAQ page to match new attribution guidelines
• 2022-01-13 Needed: Update to Copyright FAQ page to match new attribution guidelines

• See the suggestions by Simon Hughes on the Copyright page.
• Separately, we should also make edits to the Copyright FAQ page and mark anything that is not matching the attribution guidelines or is confusing and circulate that to the LWG.

Action item: Simon to create a draft so that the FAQ page content matches that of the attribution guidelines.

On changes to copyright page suggested by Simon Hughes

2022-01 action item.

• Suggestions look good.
• The changes will be made with a pull request to the OSM website's repository.

On Copyright FAQ page translations

Pending issue: Changes in the translations of the FAQ page should be considered. Some translations are even older than the current English version.

2022-02 action items

• Guillaume to mention 1) the changes to the copyright page to the board, in case there are any disagreements, 2) that a budget might be requested for translations.
• Dermot to do the pull request for the changes to the copyright page.
• The LWG to make edits to the Copyright FAQ page and mark anything that is not matching the attribution guidelines or is confusing and circulate that internally.

Agenda and trademark notice review

Kathleen can continue to do agendas if Simon’s team can take over trademark notice review.
Some old Open<X>Map projects are grandfathered by OSMF.

Action item: Simon to ask a member of his team to monitor the OSM trademark notices and set an automatic email filter for forwarding the notices.

Deferred topics

Printed map in Germany without attribution

Background A community member has identified printed maps based on OSM in their home town without attribution. The company claim the copyright to themselves and forbid any usage of the material.

TicketID=29303

Previous LWG minutes:

• 2022-02-17 Printed map in Germany without attribution
• 2021-12-09 OTRS ticket about printed maps without OSM attribution

Deferred as Tom is absent.

Dermot’s Belgian love letter

Background The Belgian OSM community has drafted letters to people who were not attributing OSM. The letters were drafted in a particularly nice and polite tone and were called "Belgian love letters" by members of the Belgian OSM community.

The LWG has agreed to

• create English email templates for use by OSM community members to send to companies that do not follow the attribution guidelines and to
• directly approach bigger companies.

Previous LWG minutes

• 2022-02-17 1) LWG to add comments to the draft template email by Dermot that the community will be able to send to people who have used OSM data without attribution and 2) Dermot to have another look at the draft
• 2022-01-13 About Belgian OSM love letters
• 2021-11-11 AOB - Template email (regarding non compliance to attribution)
• 2021-09-09 LWG role in approaching major data users about better compliance with attribution
• 2021-08-12 LWG role in approaching major data users about better compliance with attribution requirements requirements

Deferred as Dermot is absent.

Trademark notices

Nothing noticeable.

Next Meeting

Thursday 2022-04-14 at 17:30 UTC.

Meeting adjourned at 19:00 UTC.