[Tango-artists] Derivative or not?

[Raúl Núñez de Arenas Coronado]

Saluton Simon :)

On Wed, 22 Oct 2008 00:20:44 +0200, Simon Pascal Klein dixit:
> On 28/09/2008, at 8:02 PM, Raúl Núñez de Arenas Coronado wrote:
> > 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.

Thanks for your answer :) I'm still unsure about the issue, because most
of the examples I've seen lead to a license problem if you ship a CCBYSA
icon in, for example, a GPL application. The same problem (more or less)
applies with Artistic 2.0, except that with license you can consider the
entire work relicensed with the icon license. A mess, but legally
valid).

Anyway, since Novell has decided to put the icon set under Public
Domain, this no longer applies :)) I'm very happy of having the
opportunity of using Tango icons in my work, no matter the license.
 
> > 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. (:

Stop distributing is a problem I would like to avoid (rebundling the
app, making sure that, to my knowledge, no old bundle is still around,
etc...). I am pretty sure that no Tango artist would sue me, specially
if I honor the icon attribution, no matter the licensing issues. But
companies are another song...

Again, thanks for your answer :)

Raúl "DervishD" Núñez de Arenas Coronado
-- 
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