[OSM-legal-talk] OpenStreetMap's Trademark Licensing Policy

2012-06-28 Thread asaun056
Hello,

It is unclear to me what OSM/OSMF policy is with regards to third-party
use of OSM trademarks. http://wiki.openstreetmap.org/wiki/Trademark has
some information about what the trademarks are, and who holds the
trademarks, but I have been unable to find on both the OSM site and the
OSMF site any specific trademark usage guidelines/policies for users of
OSM data/tiles/etc. (for example, does OSM/OSMF allow others to use
trademarked logos/phrases in connection with using OSM maps, and if so,
under what conditions) Could anyone please clarify for me what
OSM's/OSMF's trademark policy is? Thanks very much for your time and
effort!

Take care,
Adam Saunders

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Re: [OSM-legal-talk] OpenStreetMap's Trademark Licensing Policy

2012-06-28 Thread Frederik Ramm

Adam,

On 28.06.2012 18:42, asaun...@uottawa.ca wrote:

It is unclear to me what OSM/OSMF policy is with regards to third-party
use of OSM trademarks.


I am not surprised that this is unclear to you because there is no such 
policy, at least not any that's written down!


I have no authority to speak for OSMF, the trademark owner, but I can 
say a few things:


* There were cases in the past where someone has sold a mobile 
application through AppStore et al. the name of which was suitable to 
make people think it was somehow an official or sanctioned product; in 
some of these cases, people have been asked to rename their product.


* No such requests have been made in cases where people have offered 
something that was clearly a tool made to support the project, like OSM 
relation analyzer or OSM inspector or ITO OSM analysis (all three, 
incidentally, made by commercial entities working with OSM).


* Individuals have been doing publications (My OSM Blog) without 
asking whether it's ok to use the name. I'm one of the authors of a book 
named OpenStreetMap and it seems this is ok too.


* National OSM groups all over the world have registered 
openstreetmap.xx domains in their respective countries; they don't 
belong to, neither are controlled by, OSMF.


* People have been producing OSM merchandise of all sorts - T-Shirts, 
mugs, banners, stickers, pens - without asking OSMF, and nobody ever 
complained.


I guess that I speak for many in the community when I say that don't 
really want to put any obstacles in anybody's way - we wouldn't want 
some eager community member in Brazil to wait for approval before he can 
annouce his OpenStreetMap mapping party! So if we ever adopt a trademark 
policy then it will be as liberal as possible, with a focus on 
prohibiting misleading use of our name (e.g. someone calling something 
OpenStreetMap when in fact it isn't, or people making things look like 
we endorsed something we haven't).


But as I said at the beginning, I'm not aware of any policy already in 
existence.


As a rule of thumb, as long as you don't do anything that provokes a 
community outcry you'll probably be ok.


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33



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