[OSM-talk] Draft Trademark Policy

Roland Olbricht roland.olbricht at gmx.de
Sat Aug 5 07:22:43 UTC 2017


Hi Simon,

I appreciate that you have in the past helped to smoothen so much of the 
law bureaucracy that OpenStreetMap cannot avoid.

 > It obviously wasn't to complicated and required lawyers to register the
 > domain names in the first place and as the FAQ says we are only asking
 > for the domainnames to be de-registered or given to the OSMF when they
 > are no longer used for OpenStreetMap related purposes.

The problem is that the policy does nowhere restrict itself to 
domainnames. At the moment, a braindead lawyer/judge combination could 
harm your on using a file with file name extension "osm" were the 
Trademark policy to come into effect.

Would you mind to make the following change:

- Amend chapter 1 with a section 1.6

     1.6 Use of the wordmarks

     The term "use of the wordmarks" is restricted to incorporating the
     wordmarks as part of a second level domain name. Other uses, in
     particular as a reference to the OpenStreetMap project, for
     attribution purposes and purely descriptive usage and Fair Use
     are always granted without explicit permission.

     Different from that, we assume that using the logos is never for
     attribution or descriptive purposes and therefore requires a license
     if stated so in this document.

This makes clear that neither the file name extension "osm" is 
jeoparday. Or you do not want to discourage people from using "osmium", 
"osmosis" or a range of other software.

Or to fear that the license is not free at all
- using the data requires attribution
- whether attribution is already a trademark infringe is at the OSMF 
capriciousness

Best regards,

Roland



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