[GNU-linux-libre] ToME 4 tiles acceptable under GNU FSDG?

[Christopher Allan Webber]

So we have ToME 4 packaged in Guix.  Unfortunately it does contain some
nonfree assets (graphical tiles):

  All the medias located in all the "/data/gfx" folders are granted to
  use with the Tales of Maj'Eyal game only.

  Please contact address@hidden for more informations.

However, it seems that the GNU FSDG is generally fairly permissive here:

  Non-functional Data

  Data that isn't functional, that doesn't do a practical job, is more
  of an adornment to the system's software than a part of it.  Thus, we
  don't insist on the free license criteria for non-functional data.  It
  can be included in a free system distribution as long as its license
  gives you permission to copy and redistribute, both for commercial and
  non-commercial purposes.  For example, some game engines released
  under the GNU GPL have accompanying game information—a fictional world
  map, game graphics, and so on—released under such a
  verbatim-distribution license.  This kind of data can be part of a
  free system distribution, even though its license does not qualify as
  free, because it is non-functional.

  
https://www.gnu.org/distros/free-system-distribution-guidelines.html#non-functional-data

We were wondering, is restricting graphics to a particular game
acceptable under this definition?  ToME's statement doesn't say anything
about it being only permitted for commercial or noncommercial use, only
that it can only be used with that particular game, so I think the
inclusion with commercial distribution part is fine.

Thanks!
 - Christopher Allan Webber