[Tango-artists] Commercial closed Source Application and Tango Icons

[Jason M Roehrig]

Just wanted to put forward my 5c's on the topic disucced.

Rodney: I can't see how an "application" can be a derivative work of an
"image". I believe the legal interpretation will focus on the object at
hand - icon image.

Good luck with your taser strategy :D

J



Rodney Dawes wrote:
> On Thu, 2006-05-04 at 12:19 -0700, William Szilveszter wrote:
>> Dobey,
>>
>> I dont think there is any ambiguity in the license. It states very
>> clearly that one is permitted "to make commercial use of the work."
>> As for derivative work, the elongated  criterion is as such:
>>
>> ""Derivative Work" means a work based upon the Work or upon the Work
>> and other pre-existing works, such as a translation, musical
>> arrangement, dramatization, fictionalization, motion picture version,
>> sound recording, art reproduction, abridgment, condensation, or any
>> other form in which the Work may be recast, transformed, or adapted,
>> except that a work that constitutes a Collective Work will not be
>> considered a Derivative Work for the purpose of this License. For the
>> avoidance of doubt, where the Work is a musical composition or sound
>> recording, the synchronization of the Work in timed-relation with a
>> moving image ("synching") will be considered a Derivative Work for the
>> purpose of this License."
>>
>> This information is available here:
>> http://creativecommons.org/licenses/by-sa/2.5/legalcode
>>
>> I think that explanation is more than sufficient.
> 
> But it isn't. Use in commercial collective works is fine. That basically
> means shipping the theme in a commercial distribution. The license does
> not explicitly say that you may embed the icons in proprietary
> applications, and the derivitive works clause is not clear whether or
> not the application which the icons are embedded in, is a derivitive
> work or not. It implies to me that it is a derivitive work, and
> therefore must be also licensed as CC-By-SA 2.5. It is basically left up
> to legal interpretation at this point, and none of us are lawyers. This
> is why I have sent this issue, among others, to a team of lawyers. It
> seems I am going to have to prod them with a 20K volt taser or something
> though to get their attention. Hopefully I'll actually be able to get a
> response out of them soon. :-/
> 
> -- dobey
> 
> 
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