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

[Rodney Dawes]

On Thu, 2006-05-04 at 15:35 -0700, William Szilveszter wrote:
> Matt,
> 
> Don't get me wrong, I make no assumption that you are "attacking" the 
> CC. My tone is not one of warmth or arrogance or hatefulness; these 
> responses merely deal with the issues at hand, take them as being 
> without emotion (as they are intended).
> 
> "So just so we're clear, do you believe that copying the artwork into 
> another icon *without transformation* does or doesn't make it a 
> derivative work? "
> 
> Didn't you answer your own question? If you make the claim "without 
> transformation," then ipso facto it cannot  be a derivative (as you have 
> already made the statement "without transformation"). If you mean to 
> merge the icons, then yes, the overall image has changed (been 
> transformed) from either of the two originals and is completely new 
> (despite being made of old parts). Again refer back to the very 
> definition of transformation.

Converting to an eg. windows ico for inclusion as a resource in a
proprietary application, would in fact constitute "transformation".
The real question is whether the fact that it is part of a binary
application, causes the application to be a derivitive work. The
license is in fact, not clear about this. As I said before, none
of us are lawyers, so let's leave the answering of this question
to the lawyers. Hopefully I will be able to incite a response from
them soon enough.

-- dobey