Kathleen Lu

A summary of trademark law basics and an explanation of the OSMF Trademark Policy and how it applies.

The purpose of this talk is to give those interested a foundational explanation of what trademark law is and how the OSMF Trademark Policy works. There have been several questions raised to LWG regarding the OSMF Trademark Policy and how it applies in certain circumstances. Trademark law is often conflated with other types of intellectual property law and the scope of trademark rights is not well-understood. In addition, the LWG sometimes fields questions from OSM users or groups on how to use the Trademark Policy and forms and templates mentioned in the policy. This talk will go over some common questions and give the audience a chance to ask more. Outline for the talk: Trademarks 101: What is a trademark? (vs other forms of intellectual property, like copyright, data rights, patent, trade secrets, publicity rights) How do you get trademark rights? - Trademarks are jurisdictional - Acquiring rights via usage - Trademark registration Trademark use vs not trademark use - Using a term "as a mark" - Sponsorship/endorsement - What trademark doesn't protect - fair uses OSM trademarks: - The OSMF Trademark Policy - Common uses - Pre-policy use cases - Domains - Using the permission template Questions!

Have you wondered if a certain dataset can be used for OSM? What does it mean for a license to be “compatible” with OSM and ODbL? This talk will give pointers on where to look for information, common compatibility issues, and best practices for presenting a license to LWG for help review.

The talk would go over tips for mappers to help them think through potential license issues for imports. The tips would cover all the major steps for determining compatibility: identifying the data's license, check OSM-related history, identifying/resolving compatibility issues, and achieving community consensus. This talk will be useful for any mapper with compatibility questions or who is interested in importing open data into OSM. Outline: - Sources of information about the license - Website (page from which data is downloaded, about page, FAQ, TOS) - Accompanying file (e.g., README, LICENSE) - Terms, credits, etc. - Metadata - Information about licenses/dataset previously evaluated for use with OSM - Imports wiki page - License compatibility page - forums/lists - Common compatibility issues - Attribution - Use restrictions (e.g., noncommercial/personal/research) - Privacy - Sharealike - Revocability - Indemnity - Local laws - Things that are usually not a problem (disclaimer of warranty/accuracy, trademarks, governing law, ) - Making it easy for others to read a license - A note about translation - Link everything! - Include all information about the source - Where to obtain - Description of where/who the data is from - Include all information about the license - What the license is - Any info about permitted uses - Any prior OSM discussion - Flag common compatibility issues and why you think they are or are not issues - Quote the relevant sections of the license (include the section number!) - Explain your reasoning - If the license references other laws/regulations/terms, look them up and link to and quote from them.