Re: [OSM-legal-talk] How to stop violation of OSM copyright by Mapbox?

[Martin Koppenhoefer]

to me it seems you did represent facts, although I am not sure I would see the 
click-to-see attribution on small screens a violation of copyright, I agree it 
is suspicious that there is space for a mapbox logo but not for an OSM 
attribution.

Cheers, Martin 


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[OSM-legal-talk] How to stop violation of OSM copyright by Mapbox?

[Mateusz Konieczny]

Note that in this I focus specifically on Mapbox, but they are not
unique in repeatedly "forgetting" to properly attribute OSM while
prominently featuring their own logo.

For start I would be thankful for fact check - are facts that I listed
below actually facts or are hilarious misrepresentation of a legal
situation?

tl;dr: Mapbox in at least some situations hides OSM attribution while
displaying their own logo and recommends to others to do the same.
Mapbox failed to fix problem that I reported to them in December 2018.

-

For long time I hoped that it will be done by somebody else but it
appears less and less likely.

I am irritated that despite attribution requirement almost all people
using OSM data have no chance to learn that they are doing this.

It is caused by data consumers routinely ignoring attribution
requirements, in many case presenting OSM data like it was collected by
their company.

-

Most things will have notes how sure I am about them as I may be making
hilarious misinterpretations. In such cases I would be thankful for an
explanation how I am mistaken.


1)
OSM data is ODBL licensed (100% sure)

as specified at https://www.openstreetmap.org/copyright 


2)
text of ODBL license is at
https://opendatacommons.org/licenses/odbl/1.0/index.html 
 (100% sure)

as specified at https://www.openstreetmap.org/copyright 


3)
ODBL requires attribution (100% sure)

4)
ODBL gives some minimal limits that attribution must fulfill (99% sure)

"You must include a notice associated with
the Produced Work reasonably calculated to make any Person that uses,
views, accesses, interacts with, or is otherwise exposed to the Produced
Work aware that Content was obtained from the Database, Derivative
Database, or the Database as part of a Collective Database, and that it
is available under this License."

5)
ODBL minimal limits are not fulfilled by attribution not
displayed when map is displayed full screen at a modern smartphone
(95% sure)

For reference: I tested it on Xiaomi Redmi 4
- 5.0 inches, 68.9 cm2
- 1080 x 1920 pixels
https://www.gsmarena.com/xiaomi_redmi_4_prime-8263.php 


6)
Individual mappers have no legal standing against entities using OSM
data without attribution (filing DMCA notices, suing etc) (75% sure)

7)
OSMF has legal standing against entities
using OSM data without attribution (99% sure)

8)
I am not a Mapbox hater
(100% sure)

I am focusing on Mapbox here. It does not mean that that others are
much better. It only means that I started digging in attribution
situation after encountering map hosted by them that was missing
attribution and I want to fix before proceeding to the next copyright
violation.


9)
Mapbox is in some situations using OSM data without giving a proper
attribution (95% sure)

For example see https://www.mapbox.com/maps/  - 
only one map is
attributed to OSM (though it is still in a way suggesting that part of
data is copyrighted by Mapbox - "© Mapbox © OpenStreetMap")

Or see "view live map" from https://www.mapbox.com/maps/streets/ 

leading to
https://api.mapbox.com/styles/v1/mapbox/streets-v9.html?title=true_token=pk.eyJ1IjoibWFwYm94IiwiYSI6ImNpejY4M29iazA2Z2gycXA4N2pmbDZmangifQ.-g_vE53SD2WrJ6tFX7QHmA#1.07/-1.4/4.7
 


on my Xiaomi Redmi 4 with following screen

- 5.0 inches, 68.9 cm2
- 1080 x 1920 pixels

it is hiding OSM attribution while displaying Mapbox attribution.

See screenshot at
https://user-images.githubusercontent.com/899988/51281667-67210a80-19e3-11e9-807a-480de4fa8eea.png
 


https://docs.mapbox.com/help/tutorials/first-steps-android-sdk/ 


The very first image recommends to hide OSM attribution - but not
Mapbox logo

https://docs.mapbox.com/help/img/android/android-first-steps-intro.png 


Their main site at https://www.mapbox.com/  is showing 
some maps, none
is attributing OSM (and I am suspecting that they are using OSM data
also there).

10)
Mapbox is therefore in some situations illegally using OSM data
(95% sure)

11)
Mapbox ignored my attempts to notify them about this issue
(100% sure)

I contacted them via mapbox.com/contact/support/#attribution 
 on
December 2018 and January 2019.

Contact in the first case stopped after I asked them

> So in opinion of Mapbox "click to view"