[Tango-artists] Derivative or not?
Simon Pascal Klein
klepas at klepas.org
Tue Oct 21 15:20:44 PDT 2008
On 28/09/2008, at 8:02 PM, Raúl Núñez de Arenas Coronado wrote:
> Hi all, again :)
> Since nobody answered my licensing question, I think it's best to
> "recast" the question to the real root of my licensing problem:
> derivative work or collective work?
> Shipping a Tango icon with an application that uses that icon in a
> ".desktop" file (meaning that the path to the icon is hardcoded in the
> file), makes the entire bundle a "Collective work" or a "Derivative
> work"? If the answer is "Collective work", I assume that the same
> applies even if the icon is modified (per CC-BY-SA section 4.b).
I’m not a lawyer, but I would wager that, given you’re not making any
changes to the icon itself this would count as a collective work.
> If instead of the above the icon is not only used in a ".desktop"
> but it's used as a window icon (meaning that the path to the icon is
> hardcoded in the application source instead), is the entire bundle
> + application) a "Collective work" or a "Derivative work"?
Logically, I would say again the former, but I’m not a layer.
> Last but not least: if nobody says nothing and I finally ship a Tango
> icon with my Artistic 2.0 application, using it even as a window icon,
> without relicensing my app under CC-BY-SA, will you sue me? O:) In
> words: would you consider that use "fair play" (given that Artistic
> is by all means a free software license that promotes sharing) or will
> you consider that a blatant violation of the Tango icons license?
I wouldn’t, and I doubt neither would any of the other artists. Note
though that a large portion of the Tango work is owned by companies
that the artists have worked for (namely Novell). Personally, I’d go
ahead with it and if it becomes a problem you can always cease to
distribute the icon in the future. (:
> Thanks a lot in advance :) and sorry for asking so many things about
> licensing, but I think that this is very important given that many
> out there may end up including Tango icons without worrying about
> licensing issues (people tend to think that the fact you're using a
> software license makes it compatible with all the other free software
> licenses, but that's not true and may cause you problems).
> Raúl "DervishD" Núñez de Arenas Coronado
> Linux Registered User 88736 | http://www.dervishd.net
> It's my PC and I'll cry if I want to... RAmen!
> We are waiting for 13 Feb 2009 23:31:30 +0000 ...
> Tango-artists mailing list
> Tango-artists at lists.freedesktop.org
Simon Pascal Klein
(e) klepas at klepas.org
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