[Osmf-talk] Using OpenStreetMap maps/log/trademark on merchandise (Re: Legal edible violations)

Mike Collinson mike at ayeltd.biz
Sat Aug 29 12:55:00 UTC 2009


Humour has a good way of stimulating serious thought and discussion!

Stefano,

Thank you for raising this. We talked this over at last night's License General Meeting and we feel we need a better resource for such questions and will work on that. Meanwhile, here is a summary.

- Printing OSM-derived maps on merchandise

This is straight-forward:

http://wiki.openstreetmap.org/wiki/Legal_FAQ - see "I would like to use OpenStreetMap maps. How should I credit you?"

- Printing OpenStreetMap logo/trademark.

The current logo itself (the green map and magnifying glass) is kindly licensed by its creator under very liberal terms.  However the Foundation now has, or nearly has, two trademarks.  The first is the logo without name (UK only, but gives us some leverage outside).  The second is the word "OpenStreetMap".  This should very shortly by an EU-registered trademark. It has been published in the trademarks journal, which is the final step before formal recognition.

The trademarks MUST be used to promotion of the OpenStreetMap project. Since, I assume, the 3 mapping parties are OpenStreetMap mapping parties, then this vital condition is complied with.  You have also brought the attention of the Foundation to what you want to do. That is very useful though not yet a firm condition. The Foundation is not raising any objection. So, as far as I am aware, that is all you need to do. You do not need to be printing attributions, disclaimers, permissions etc.

I hope I've given a proper summary as this is not something I focus on, other comments welcome.

For the Foundation, the most important thing is to make sure that the trademarks to not fall into unrestricted public usage, as we (as the Foundation and as the project) lose control of them.  We also need to consider how they can/should be used in conjunction with commercial projects. Should that be allowed? Under what terms? Should the Foundation require explicitly permission or just issue guidelines?

The License Working Group believes that the Ubuntu Trademark Policy [1] provides a good place to start and welcomes any comments.

Mike
(back in serious mode)

[1] http://www.ubuntu.com/aboutus/trademarkpolicy

At 02:15 PM 27/08/2009, Martinelli_Filas wrote:
>Dear all,
>
>I am negotiating a sponsorship from a large global charity club to support 3 mapping parties in archeological areas next to Rome.
>(I am organising also a speech for  Simone to promote OSM to the members of this club) 
>
>I would like them to pay for living expenses maybe some travell and possibly accomodation but for sure , hats, t-shirts and some GPS stuff to be donated to participants,  all this stuff I must order and get customized with the right logos, disclaimers and so on and so forth.;
>
>Can somebody point me to the  right/updated logo/documentation to use and to the possible dependencies and constraints  to avoid mistakes.
>
>thanks
>Kind regards
>Stefano.
>
>
>
>
>Il giorno 26/ago/09, alle ore 21:52, Mike Collinson ha scritto:
>
>>The Foundation's License Working Group has indeed considered this to be a grave matter and felt obligated to consider it at our Tuesday meeting.
>>
>>May I therefore comment [*] on the various cases.
>>
>>[1] The Toronto cake.
>>
>>Clearly, following the correct terms of a the CC BY-SA license, all contributors to OpenStreetMap should have been attributed.  We therefore suggest a simple solution. All 151,815  names should be printed on rice-paper using a legible font. Copies should then be sent to everyone who had a slice of the cake. They should they consume the rice paper in the presence of a notary or other legal professional. Since this is what is known as a legal "cure", we recommend addition of an unpleasant flavour, preferably tasting something between liquorice and gasoline.
>>
>>[2] The London cupcakes.
>>
>>On investigation, we find that the author of these geocomestibles is a member of the License Working Group.  We congratulate him on his artistry and pronounce ourselves infallible.
>>
>>[3] Mr. Gregory Marler's own cake
>>
>>Certainly a creative, productive, and unexpected use but sadly it cannot be distributed under CC BY-SA.  The pub symbols were made from a sugar-based commercial representation of bottles of a certain extremely well-known soft drinks manufacturer, who we suspect would be less than happy to see their product placed under share-alike provisions.   The good news is that this would not be a problem under ODbL 1.0 . The cake itself would be a Produced Work, allowing the use of mixed data sources with incompatible licenses. 
>>
>>Mike
>>
>>* The members of the License Working Group are not culinary professionals and cannot offer definitive guidance. Please consult a chef. All opinion offered here is on an "AS IS" basis and may not be fit for purpose. We are not responsible for lack of taste or food poisoning.
>>
>>Oh yes, and :-) :-)
>>
>>
>>At 02:48 PM 24/08/2009, Mike Collinson wrote:
>>>Dear Gregory,
>>>
>>>This is a candieldy serious set of allegations, something which, if true, is not something our community should stomache. I am certainly not prepared to swallow it and will also raise the matter at the License Working Group meeting on Tuesday.
>>>
>>>However, I would ask you to consider that spatio-comestibles is very much a pioneering area and that we at OpenStreetMap are a sweet way ahead of Google and the Ordnance Survey in the UK. Further, Richard's cake did remain fully on-line during this weekend's server maintenance period and we should be grateful for that. Perhaps all we need to do is add a properly attributed marzipan-layer to the slippy map?
>>>
>>>And remember, only with OpenStreetMap can folks have their map and eat it too.
>>>
>>>Best Regards,
>>>Michael Collinson
>>>
>>>:-)Â  :-)
>>>
>>>At 01:33 24/08/2009, <mailto:sotm at livingwithdragons.com>sotm at livingwithdragons.com wrote:
>>>>I would like to inform the Foundation of two acts that need to be 
>>>>legally followed to protect the OpenStreetMap interests.
>>>>
>>>>1. In Toronto a cake was produced using OpenStreetMap data that need not 
>>>>have the correct attribution on it. See 
>>>><http://weait.com/content/openstreetmap-5th-birthday-party-toronto>http://weait.com/content/openstreetmap-5th-birthday-party-toronto
>>>>
>>>>2. In London, a number of cupcakes were produced with the OSM trademark 
>>>>logo on top of the icing. This use of the registered trademark did not 
>>>>have prior authorisation from OSMF.
>>>>
>>>>It is important that the foundation uses it's resources to take firm 
>>>>legal action, and most importantly make it widely known that my OSM 
>>>>birthday cake was far superior to them, perhaps only bettered by the 
>>>>Japanese cake makers. Does anybody know where SteveC will be uploading 
>>>>his video interviews (including my winning speech)?
>>>>
>>>>Gregory Marler
>>>><http://www.livingwithdragons.com/>http://www.livingwithdragons.com
>>>
>>>_______________________________________________
>>>osmf-talk mailing list
>>><mailto:osmf-talk at openstreetmap.org>osmf-talk at openstreetmap.org
>>>http://lists.openstreetmap.org/listinfo/osmf-talk
>>_______________________________________________
>>osmf-talk mailing list
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