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Re: the truth which dare not speak it's name

From: Christopher Slye <cslye@adobe.com>
Date: Wed, 8 Jul 2009 12:14:20 -0700
CC: www-font <www-font@w3.org>
Message-ID: <F61FA13B-865F-4570-A7F6-3540F945C6EF@adobe.com>
To: Christopher Fynn <cfynn@gmx.net>

On Jul 8, 2009, at 11:32 AM, Christopher Fynn wrote:

> While this is a concern I'm not sure if it is a real issue. If someone
> uses a font they have exclusive rights to on their website, and then
> someone else copies and uses it on their own website, or in a
> publication, couldn't the first party take legal action against the
> second just like they could if somebody used their trademark?

Yes... except in court they might be asked about whether it was  
obvious to the person who took the font that it was not free to take.  
This where the "protection" issue is important to foundries. People  
keep trying to convince the foundries that "your font is not really  
protected because people can just un-wrap it". But that is a  
substantial protection, legally speaking. If someone gets on the  
witness stand and says, "The font was on the web site, and most such  
fonts are free, so I just assumed this one was," then maybe that's  
persuasive to a judge or jury. But the case is much different if they  
have to say, "I found the font file and unwrapped it and ignored the  
licensing information that I deleted."

-Christopher
Received on Wednesday, 8 July 2009 19:15:03 GMT

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