[Tango-artists] Derivative or not?

[Simon Pascal Klein]

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"  
> file,
> 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  
> (icon
> + 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  
> other
> words: would you consider that use "fair play" (given that Artistic  
> 2.0
> 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. (:


Regards.

—Pascal


> 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  
> apps
> out there may end up including Tango icons without worrying about
> licensing issues (people tend to think that the fact you're using a  
> free
> 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
> http://lists.freedesktop.org/mailman/listinfo/tango-artists

---
Simon Pascal Klein
Concept designer

(w) http://klepas.org
(e) klepas at klepas.org