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Adobe Gets Hit By DMCA

Reeses writes "Adobe has asked a U.S. District court to allow them to embed ITC and Monotpye fonts in their documents, claiming "Adobe has asked the court to declare that Adobe's popular Acrobat product does not violate certain provisions of the Digital Millennium Copyright Act (DMCA) as claimed by ITC and Agfa Monotype." Which is interesting after the Skylarov/Elcomsoft debacle from a year or so ago. I guess they figured that it didn't apply to them since they enforced it."

153 of 352 comments (clear)

  1. What about other Adobe Products by syntap · · Score: 2, Interesting

    Comes around to byte 'em in the ass.

    But on another note, how would this affect other Adobe products, like building a web page in Photoshop using these fonts and publishing?

    1. Re:What about other Adobe Products by kalidasa · · Score: 2

      My understanding (IANAL) is that the shape of the letters isn't protected (e.g., a PNG), only the font itself (e.g., if it is embeded).

    2. Re:What about other Adobe Products by be-fan · · Score: 2

      I consider this a good thing, btw. All those type designers that assume I'm running at 75 dpi and bork the layout on my 133dpi computer don't NEED anymore control over how their webpages look on my computer.

      --
      A deep unwavering belief is a sure sign you're missing something...
    3. Re:What about other Adobe Products by ncc74656 · · Score: 2
      Speaking as a web developer, I'm a tad pissed at Netscape, because embedded fonts let you have more complete controll over the formatting of the web-page.

      You're not supposed to have that kind of control over the formatting of a webpage...HTML wasn't intended for that purpose. As for CSS, yes, you could specify a particular font, but the user is free to set up his browser to substitute a different font (for legibility or for other reasons). Rather than fight the system in order to try to make a web page shiny, I'd think it would be better to work within the way HTML and CSS were intended to work. (After all, those server-supplied fonts will do bugger-all for someone using Lynx or a text-to-speech tool for browsing.)

      --
      20 January 2017: the End of an Error.
    4. Re:What about other Adobe Products by stirfry714 · · Score: 2

      GoLive... bah.
      Build the site graphically in Photoshop using real tools, slice it out, and import into DreamWeaver for the rest.


      Dreamweaver... bah... Build the graphics with whatever, then use vi to write the page.

    5. Re:What about other Adobe Products by SoupIsGoodFood_42 · · Score: 2
      You're not supposed to have that kind of control over the formatting of a webpage...HTML wasn't intended for that purpose. As for CSS, yes, you could specify a particular font, but the user is free to set up his browser to substitute a different font (for legibility or for other reasons). Rather than fight the system in order to try to make a web page shiny, I'd think it would be better to work within the way HTML and CSS were intended to work. (After all, those server-supplied fonts will do bugger-all for someone using Lynx or a text-to-speech tool for browsing.)

      And what exactly is the differnce between specifing an embedded font and specifing system font if both can be overridden?

    6. Re:What about other Adobe Products by adrew · · Score: 2, Informative

      That's correct.

      I just graduated with a B.S. in Printing Management. Here's what we were taught.

      In traditional print media, it is okay to give copies of your fonts to another user (read: a printer or service bureau). However, the other user may ONLY use your fonts to output your document files (Quark, PageMaker, InDesign, etc.) The other user is expressly forbidden from using your fonts on other, unrelated projects.

      When they are finished working on your document, they are supposed to remove the fonts from their fonts folder, or if they frequently handle your documents, use a Suitcase program to "switch on" your fonts when necessary. But most people are lazy and this rarely happens in the real world.

      I honestly don't see why the type foundries would have a problem with PDF's. The concept is similar to the traditional printing workflow except that separate folders of fonts no longer need to be supplied to the printer or service bureau.

      You'd think they'd realize this and embrace it as it cuts down on font "piracy." AFAIK there's no way to extract fonts from a PDF.

    7. Re:What about other Adobe Products by ncc74656 · · Score: 2
      And what exactly is the differnce between specifing an embedded font and specifing system font if both can be overridden?

      In the end, not much. If your page is set up such that it renders improperly (like if you had <br> after each line to force it to break in a certain place, and a font that renders in a larger size is substituted) if a different font is substituted, it's broken.

      --
      20 January 2017: the End of an Error.
    8. Re:What about other Adobe Products by AndyElf · · Score: 2

      This is not about CSS, but things like TruDoc -- that effectively *dictated* the font your browser had to use to display things. True, you can still select an option that would enforce *your* font selection regardless of what author suggests.

      --

      --AP
    9. Re:What about other Adobe Products by SoupIsGoodFood_42 · · Score: 2
      But this happens with fonts anyway, or if the font sizes are different. Or if the browser interperats the containing block to be a different dimention. So I'm not sure what that has to do with embedded fonts.

      Most people shouldn't, and don't use the BR tag as a wrapping tool anyway.

    10. Re:What about other Adobe Products by DohDamit · · Score: 2

      You're blaming the wrong people....

      It's not the HTML monkey's fault, its the supervising manager and the consultant web site designer's fault.

    11. Re:What about other Adobe Products by arkanes · · Score: 2

      Well, I'm a professional web designer and I can't stand Dreamweaver. CF Studio, on the other hand, is an excellent tool (for flat HTML as well as more CF coding), and if I need a wysiwyg editor for some reason I use HoTMetaL.

  2. Maybe it's a good thing. by Dutchmaan · · Score: 5, Insightful

    Maybe with more large corps getting hit with DMCA violations, there will be stronger lobbying against it.

    I for one like to see the DMCA used against companies that could possibly aid in its downfall.

    1. Re:Maybe it's a good thing. by HaeMaker · · Score: 5, Insightful

      Perhaps, but what will probably happen is the law will be modified to allow Adobe, et al. to do what they want, but still eliminate, de facto, our fair use rights.

    2. Re:Maybe it's a good thing. by drsoran · · Score: 3, Funny

      I for one like to see the DMCA used against companies that could possibly aid in its downfall.

      Quick, someone come up with a P2P sharing client that would require the RIAA to violate the DMCA in order to serve up invalid and spoofed files using custom broken clients. There would be something so evil about doing that that the universe might implode.

    3. Re:Maybe it's a good thing. by lildogie · · Score: 3, Insightful

      > Perhaps, but what will probably happen
      > is the law will be modified to allow Adobe,
      > et al. to do what they want, but still
      > eliminate, de facto, our fair use rights.

      Perhaps it will, but only to the extent that they can maintain the sham under the equal protection clause of the Constitution.

      Fair use was designed to ultimately promote commerce. We can hope that, eventually, commercial interests will want it back.

    4. Re:Maybe it's a good thing. by zurab · · Score: 3, Insightful

      I for one like to see the DMCA used against companies that could possibly aid in its downfall.

      3 quick points:

      1. I don't know how much the tech companies are in control of the DMCA - I don't think it's a lot. Remember that a lot of tech companies, ISPs, telecoms were against the DMCA as proposed by the entertainment industry - they had to negotiate the middle ground before purchasing the legislature.

      2. The unwritten common law practice in the U.S. is that laws are not enfoced against "special interests" (read companies) who paid for those laws in the first place. So, the question is: did Adobe pay for the DMCA?

      3. Finally, we don't know enough about the ITC and Agfa complaint; it may be more of a contractual dispute than a DMCA issue. DMCA could be one of the cards played by them to get some leverage.

    5. Re:Maybe it's a good thing. by Amazing+Quantum+Man · · Score: 3, Informative

      So, the question is: did Adobe pay for the DMCA?

      Doesn't matter. Adobe is a Patriotic Great American Corporation(tm), while the rest of us are just Evil Terrorist Content Pirates(tm).

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    6. Re:Maybe it's a good thing. by susano_otter · · Score: 2
      custom broken clients

      There's your answer right there. If they have to build a custom client, then they've violated the DMCA (reverse engineering, circumventing your encryption, &c.).

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    7. Re:Maybe it's a good thing. by budgenator · · Score: 2

      1. Could be that the adobe license covered a previous version of the fonts and the license wasn't upgraded with the font versions.

      2. because the fonts represent letters they are indexed as letters which correspond to computers programs i,e, instructions to render the letter.

      3. the indexing might even be construed as an encryption technique to protect the font, I know but we talking about legal stuff and who knows how they'll think.

      so a DMCA violation might not be that far fetched

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    8. Re:Maybe it's a good thing. by NanoGator · · Score: 2

      They could pig-latin encode the music files...

      *Note: This comment was inspired by an effort shortly after Napster was ruled against. The idea was that Pig Latin is a form of encryption and by decrypting it to find copyrighted music, the RIAA could be heavily fined. Wish I could remember who it was who thought of that.

      --
      "Derp de derp."
    9. Re:Maybe it's a good thing. by susano_otter · · Score: 2

      Your definition would seem to cover DeCSS. In real-world testing, this has been proven untrue.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    10. Re:Maybe it's a good thing. by DunbarTheInept · · Score: 5, Interesting
      Although the law in theory applies to corporations as if they were people, in practice it doesn't because there are fewer sentencing options to use against corporations. A person can be sentenced to prison, or in more barborous socities like the USA, even killed. A person can be fined a sum larger than the person's total financial worth (putting him in debt). On the other hand a corporation cannot. The only option for sentencing a corporation is either a fine, and that fine must be small enough that the corporation is actually able to pay it, or a dismantling of the corporation (which unlike an actual human being, doesn't have a personal fear of death, so that doesn't really matter.)

      The risk that a corporation takes if it breaks a law is much smaller than the risk an actual flesh and blood person takes for doing the very same thing. It's gotten to the point where corporations typically view legal problems as just another operating expense, like paying the electric bill.

      I want to see PERSONAL responsibility brought back into the justice system. If a high-level manager makes a decision that amounts to committing a crime, don't drag the company to court - drag HIM to court. If people knew that the things they do at work are things they will be held responsible for, they'd be a lot less willing to do things they know are wrong.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    11. Re:Maybe it's a good thing. by Malcontent · · Score: 2

      "If stockholders were to be held responsible for the actions of the companies whose stock they hold, I, and probably most citizens, would simply not buy any stock. It just wouldn't be worth the risk."

      Never the less the shareholders are responsible for what their corporations do. If the shareholders were held responsible they would exert pressure on management to act responsibly and they would take a more active role in the way their corporation was run. Both of which would be better for the economy.

      It's not that people would not invest it's that they would only invest in well run ethical companies.

      --

      War is necrophilia.

    12. Re:Maybe it's a good thing. by Sloppy · · Score: 2
      What's more important: Justice or faux economic gain?

      Crime causes harm. That's why it's crime. Just because you see an abstract number go up on a tickertape, doesn't mean you're not paying for it somewhere else.

      BTW, I can't imagine any stronger economy, than a hundred million sole-proprietorship businesses. Well, except maybe two hundred million of them. :-)

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    13. Re:Maybe it's a good thing. by Reziac · · Score: 2

      Unfortunately, while I agree that a manager who makes a criminal decision should get hauled into *criminal* court, the side effect of such prosecutions is that buck-passing will become a fine art. :(

      I predict that the only visible effect would be that when the shit hits the fan, somehow no one can be proved blameful for anything.

      Hell, they already do that with their financial shennanigans.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    14. Re:Maybe it's a good thing. by mpe · · Score: 4, Informative

      Although the law in theory applies to corporations as if they were people, in practice it doesn't because there are fewer sentencing options to use against corporations. A person can be sentenced to prison, or in more barborous socities like the USA, even killed.

      Also a person who is simply accused of something can have their liberty curtailed whilst awaiting trial.

      I want to see PERSONAL responsibility brought back into the justice system. If a high-level manager makes a decision that amounts to committing a crime, don't drag the company to court - drag HIM to court. If people knew that the things they do at work are things they will be held responsible for, they'd be a lot less willing to do things they know are wrong.

      The concept of "limited liability" originally was intended to protect those who invested in the company. If it went bankrupt the share/stock certificates would be worthless, but there would be no requirment for those people to pay over any more money.
      At some point this became twisted into protection for enguaging in stupid even criminal business practices. With stock market pricing having little relationship with actual profitability.

    15. Re:Maybe it's a good thing. by hyphz · · Score: 2

      > I want to see PERSONAL responsibility brought
      > back into the justice system. If a high-level
      > manager makes a decision that amounts to
      > committing a crime, don't drag the company to
      > court - drag HIM to court.

      The thing is, it is technically possible to do this - IF you can identify the specific manager who did it.

      In practice, the crime is probably committed by some employee or other. But he's not responsible, because he was only following his manager's orders. But the manager's not responsible, because he was doing what was decided at a meeting. And so on.

      Also, an individual cannot be fined more money than they have. But an individual can be fined so much money that, after paying the fine, their regular outgoings (house/car/etc) drive them into debt - ie, they can be fined more money than they have _SPARE_. A corporation can also be closed down by a fine. The only difference is that corporations tend to have more money and people go easier on them for debts. (The obvious solution to that is to start your own corporation, buy your own shares. Then, as you, buy your housing and basics from your corporation; and actually pay the rent and fuel and stuff as the CEO of your company.)

      Mind you, there should be some fallback. A "jailed" company could be prevented from doing business with the outside world for a period of time. A "fined" company, instead of paying a fixed amount of money, has to give a fixed number of products away for free before it can sell any more (it may not change its catalogue; if it ceases production, the number left will never go down).

    16. Re:Maybe it's a good thing. by DunbarTheInept · · Score: 2

      Protecting stokholders is a good thing because they are going to be rather ignorant of the operational decisions made by the company (and that's where there's potential for criminal actions). Protecting those who actually make those decisions is not a good thing.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    17. Re:Maybe it's a good thing. by DunbarTheInept · · Score: 2
      Next time try replying to the actual post instead of making up a bullshit strawman.

      Nowhere did I specify that I was only referring to civil offences.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    18. Re:Maybe it's a good thing. by DunbarTheInept · · Score: 2

      There are two fair choices:

      1 - Get the legal system to stop behaving as if corporations should enjoy the same rights as individuals.

      (or)

      2 - Get the legal system to equalize sentencing so individuals and corporations run the same risks for breaking the same laws.

      Number 2 would be the better solution, if only it was physically possible (you can't throw a corporation in prison). So #1 should be resorted to instead. This notion that a corporation enjoys the same rights as a person is a BAD IDEA given that a corporation doesn't incur the same responsiblities as a person. In fact, absolving the decision makers of any personal responsibility (fiscal or legal) in the business' activities is the major reason FOR incorporating.

      I want some equality in the justice system. One way or the other. So long as the current system continues, where corporations enjoy the rights of individuals without the responsibilities, they will continue to behave unethically.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  3. Come on kids... by starX · · Score: 4, Insightful

    We all know that laws like the DMCA are there to protect the big corporations who pay for the politicians to get those laws on the books. We can't have those same laws being used AGAINST these corporations now can we?

  4. Ahhhhh Karma... by JahToasted · · Score: 3, Funny

    ain't it sweet?

    1. Re:Ahhhhh Karma... by Dexx · · Score: 2, Funny

      Hm.. I've seen "Good" and "Excellent", but I'm not sure there's a "Sweet"..

      --
      Feel the fear and do it anyway.
    2. Re:Ahhhhh Karma... by jafuser · · Score: 3, Funny
      All I can say to them is...

      <simpsons character="Neslon Muntz" empathy=0 align=evil>HA HA!</simpsons>

      --
      Please consider making an automatic monthly recurring donation to the EFF
    3. Re:Ahhhhh Karma... by sulli · · Score: 2, Offtopic

      Karma: Terrible (mostly affected by your actions in the world)

      --

      sulli
      RTFJ.
  5. Bit by their own dog by EvilAlien · · Score: 4, Interesting
    This is a positive development.

    It will show that poorly written laws with big teeth are dangerous to everyone, whether they are consumers, the non-consuming public, industry, or the politicians who support them.

    Cross your fingers, maybe this is the beginning of the end for the DMCA.

    --
    perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    1. Re:Bit by their own dog by PD · · Score: 5, Insightful

      I am not a consumer! I am a CITIZEN! Please use the word citizen. It's not politically correct, it's just correct.

    2. Re:Bit by their own dog by PineHall · · Score: 2

      Truely this is positive, but one of the entertainment giants needs to get hit with the DMCA. If Disney were taken to court over DMCA violations, they might think about the consequences of the laws they propose.

    3. Re:Bit by their own dog by Archfeld · · Score: 2

      I prefer customer but I FULLY support the difference. A consumer takes what is shoveled thier way and does not ask questions. A Customer/Citizen makes a decision to support a product/manufacturer in a responsible concious manner.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    4. Re:Bit by their own dog by @madeus · · Score: 2

      Do you consume products then?

      If you do it is correct to call you a consumer.

    5. Re:Bit by their own dog by namespan · · Score: 2


      If you do it is correct to call you a consumer.


      Technically correct, mammal, but then again, so would calling you full of shit be (unless you're on one of those darn cleansing diets) It's the connotation that counts.

      The point, my hominid friend, is that the frequent use of the word combined with the very reductionistic philosophy of American and Western Culture in general, means that people begin to be viewed as only consumers.

      The Matrix wasn't insightful because it was plausibly efficient for machines to actually use dream-conked humans as a source of power. It was a metaphor for a system something like it... in which human beings are abstracted away into income sources encouraged, required, or forced to consume what you offer. For the right price, of course.

      So anyway, to some people, calling them a "consumer" is like calling them "coppertop".

      --
      Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
    6. Re:Bit by their own dog by kmellis · · Score: 3
      I'm sorry, but the mere fact that you're posting to Slashdot greatly increases the probability that one of your dominant characteristics is your consuming behavior, relative to the behavior of most of the rest of the world's population now and in the past.


      You are a consumer. Unless you have radically altered your behavior, don't pretend otherwise.

    7. Re:Bit by their own dog by Archfeld · · Score: 2

      I try never to be a consumer, after I purchase I am a pontential future customer, with a relationship based on mutual satisfaction, as well as one of the best or worst possible advertisments for said company or product. A consumer implies blind consumptiobn regardless of content. It is my belief that the RIAA has engendered a generation of consumers who take what is delivered, and keep taking, hence the huge mp3 pirating issue. Customers and citizens don't steal but ensure there is a fair trade of services or goods for cost. A semantic issue I agree but an important distinction I think.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    8. Re:Bit by their own dog by Anonvmous+Coward · · Score: 2
      Do you consume products then?

      If you do it is correct to call you a consumer.


      Calling me a 'consumer' is like calling me an 'organic pain collector'. Both are accurate, but at least citizen gives me back my humanity.
    9. Re:Bit by their own dog by EvilAlien · · Score: 2

      In the context of purchasing products such as music, software, etc, yes, that is what I am implying.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    10. Re:Bit by their own dog by namespan · · Score: 2

      Oh, I'm definitely a consumer, just like most other life forms. It's just not all I am. The consistent use of the word in the context of policy discussion is revealing, though: that's how individual human beings are seen, due to the magic reductionist science of economics.

      Mind you, reductionist science is useful. It just has its limits, and social policy should reflect that.

      --
      Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
    11. Re:Bit by their own dog by @madeus · · Score: 2


      It's an innocuous descriptive term for something you are are some point.

      It's quite likely you are or have been also a producer of a consumable good or a purveyor of one at some point.

      If you have a problem with that, I suggest have a chat to your shrink about it.

    12. Re:Bit by their own dog by @madeus · · Score: 2

      I behave differently from you and have different values. Yet still I read Slashdot. Deal with it.

      The poster didn't suggest otherwise so I don't see why your being so reactionary.

      The poster said:

      You are a consumer. Unless you have radically altered your behavior, don't pretend otherwise.

      And he was quite right. I think you are just avoiding the issue.

      If you are a consumer, a producer or a purveyor of goods why deny it? It's quite innocuous to be any of these things.

      Unless your _still_ anti capitialist?

      Quite frankly, given the degree of inherant greed, lazyness and stupidity in the world I don't see how we can possibly be reasonably expected to use any other system.

    13. Re:Bit by their own dog by kmellis · · Score: 2
      Prove to me that your consuming habits dominate the description of your behavior in civil society less than your habits of "citizenship" (your preferred designation).

      You and Anonymous Coward mistakenly assume that my criticism implies that I value consumerism, and that I criticized you to defend it. Not so.

      I criticized you because your demand to be referred to as a "citizen" and not a "consumer" is a dishonest affectation that is morally repugnant.

      Whether or not economics is offensively reductionist in the way that you claim, the question has no bearing on whether or not economics is inherently "consumerist". And, in fact, it is not. If anything, economics is probably more generally hostile to consumerism than it is friendly, because "consumption", in its negative connotation, involves waste.

      And there are no few of those who would respond to your affectation of "citizen" over "consumer" by pointing out that such a view of yourself is only marginally less impoverished and sterile.

      Truth told, I myself prefer "citizen" over "consumer". But to make an issue of it is only to underscore the inherent hypocrisy of doing so.

      Years ago, in my early twenties, I recall working at a retail store and having a woman angrily refuse a small plastic bag for her purchase. "Have you been to the Navajo reservation?" she asked. "Plastic bags blown in the wind line the bottoms of fences! It's disgusting!"

      Maybe so, I thought, but I hated her with a deep intensity as she left the store and got into her fucking automobile and drove away. Having a car is a huge convenience for her, as it is to most Americans. Never mind the huge environmental toll it takes on the world. Only conspicuous non-consumption that's convenient for her, of course, and so many like her.

      Yes, the little things you do are better than nothing. But, if you live even remotely like an average American, they are in the end only that: little things. Don't flatter yourself with a conspicuous public virtue - it's narcissistic and false. The words you use and "permit" others to use are incredibly less significant than how you actually live your life.

  6. Live By the Sword, Die By the Sword by FreeUser · · Score: 5, Insightful

    After the Sklyrov debace it is difficult to have any sympathy for Adobe.

    Free Market ueber Alles types should take note ... this is the kind of karmic returns such ill-considered, anti-social behavior in the name of padding stockholders pockets at the expense of the public good warrent, and perhaps now a little more often will actually receive.

    There is a social and ethical context to everything we do, as individuals, as members of corporations, or as corporations themselves. This is but one small aspect of it, and while it is far too seldom to see payback of this sort for wrongdoing within the span of a human life, it is most gratifying one rare occasions like this when poetic justice actually does occur.

    Maybe next time Adobe will reconsider, and perhaps even lobby against such draconian and despicable legislation, rather than amorally adding it to their lawyers' arsenal.

    --
    The Future of Human Evolution: Autonomy
    1. Re:Live By the Sword, Die By the Sword by dpilot · · Score: 2

      > Free Marken uber Alles? Hello, flyspeck, it's not the free market that passed the DMCA--it's a hyper-active government that did so.
      >
      >Bought and paid for legislation? Yes. Still legislation, and has nothing to do with the free market. Grow a brain.

      I suspect you've made the mistaken assumption that corporate America believes in the Free Market. Balderdash. The Free Market is a tool, like any other tool such as Research, Manufacturing, Creative Bookeeping, or lawyers that are used on the way up the ladder. Unlike the other mentioned tools, the Free Market doesn't stop those below you from climbing up your back. That's what Purchased Legislation is for.

      But make no mistake, corporate America doesn't "believe" in the Free Market. The exist in it as they must, and exploit it as they can.

      --
      The living have better things to do than to continue hating the dead.
    2. Re:Live By the Sword, Die By the Sword by Arandir · · Score: 2

      I suspect you've made the mistaken assumption that corporate America believes in the Free Market.

      Of course they don't! Where did you get the idea that free market advocates think corporations are their friends? Corporations can only exist through government charter, so it is always in the corporations' best interests to have large intrusive governments.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    3. Re:Live By the Sword, Die By the Sword by Zoop · · Score: 3, Interesting

      Free Market ueber Alles types should take note ... this is the kind of karmic returns such ill-considered, anti-social behavior in the name of padding stockholders pockets at the expense of the public good warrent, and perhaps now a little more often will actually receive.

      Hell, that's what we've been arguing all these years. What comes around in the market will go around in the market.

      Unfortunately, as others have pointed out, since this isn't the Free Market but the Unfree Government enforcing laws at the point of a gun and demanding bribes^Wdonations in return for protection, those with protection money will get away scott free and you and I will be under their thumb.

      If only the market were involved...

    4. Re:Live By the Sword, Die By the Sword by FreeUser · · Score: 5, Insightful

      Don't blame this on the free market, blame it on the laws that are put there by politicians and their supports ($$$) not on the free market system.

      I am not blaming it on the free market per se.

      The free market is a very useful economic tool and system, when applied appropriately. It is an unmitigated disaster when it is applied inappropraitely (think of what things would be like if, in addition to the local telco and power monopolies, there were also the local highway and street monopoly, if you're having trouble imagining an inappropraite application of the free market. Clearly the borders of what is appropriate and what is not are not entirely black and white. Consider, for example, the debate about healthcare, and the supporting arguments pro and con a private, capitalist health care system vs. a socialized healthcare system. Only someone dogmatically in one camp or the other would be unable to see advantages and disadvantages to both approaches.).

      I do blame people who constantly spew the "their first responsibility is to their stockholders, so that makes [insert harmful behavior here] not only okay, but correct." There are situations in which the free market is a singularly inappropriate tool for the building and functioning of a working society and culture, and in which the ethic I just paraphrased above in indefensible.

      --
      The Future of Human Evolution: Autonomy
    5. Re:Live By the Sword, Die By the Sword by FreeUser · · Score: 2

      Hell, that's what we've been arguing all these years. What comes around in the market will go around in the market.

      First, as I said in another post, it is not an indictment of the free market per se, but an idictment of those who view a free market as operating without an ethical or social context, as epitomised by the frequently heard comment "their first duty is to their shareholders, so doing [whatever despicable or harmful action is being discussed] is appropriate and good. The free market will balance things out."

      The fact of the matter is that, payback like we are seeing with Adobe is all too uncommon. Far more common are things like Monsanto's poisoning of a southern US town's drinking water, a smoking gun in the form of memos describing PR strategies for if and when they were caught, and not a single person in jail despite the deaths and illnesses caused. Dow Chemical's behavior in India is another example, Microsoft's behavior vis-a-vis countless companies it has destroyed over the years yet another, and so on and so forth, ad nauseum, with hardly a negative consiquence as a result.

      A competative free market, as good as it is for producing consumer goods at reasonable prices and performing other economic tasks, is singularly ineffective at providing for the public good when such requires ethical, moral, or wise behavior that is contrary to someone's bottom line.

      --
      The Future of Human Evolution: Autonomy
    6. Re:Live By the Sword, Die By the Sword by alekd · · Score: 2, Insightful

      Free Market ueber Alles types should take note ... this is the kind of karmic returns such ill-considered, anti-social behavior in the name of padding stockholders pockets at the expense of the public good warrent, and perhaps now a little more often will actually receive.

      Patents has nothing to do with free markets. In fact patents are an example of the opposite. Patents were created by governments to repair a perceived market failure. Apparently some people think that nobody would bother with R&D if they were not granted monopoly priveleges by the government for their "inventions".

      Actually, it makes sense for some industries. It is hard to imagine how the pharmaceutical industy could afford to invest so much money in research without patents. For other industries, especially IT and genetics, patents are more of a break on development than a stimulus.

  7. Hm by LtSmith · · Score: 5, Informative

    A nice analysis of this can be found here

    1. Re:Hm by _xeno_ · · Score: 2
      Correct me if I'm wrong, but that article seems to have nothing to do with this story.

      From the article and linked press release, it seems that this story involves a contract dispute between Adobe and both ITC and Agfa Monotype. It does not involve a utility to change the embedding bits. It involves Adobe believing that they have the contractual right to embed ITC and Agfa Monotype fonts in their documents, while ITC and Agfa Monotype disagreeing.

      In fact, the DMCA argument seems to be related to (and I'm guessing here) Adobe ignoring the bits (an "effective access control", huh?) and embedding the fonts even though the fonts say that the software should not do embed them. It does not seem to be going after a "circumvention utility" which allows a user to commit an illegal act.

      *Sigh.* There seems to be no "good guy" in any of this...

      --
      You are in a maze of twisty little relative jumps, all alike.
    2. Re:Hm by kcbrown · · Score: 2
      The analysis is interesting, but it's not at all clear if it's correct.

      There are two issues involved:

      1. Are fonts copyrightable?
      2. Do the flags in Truetype fonts "effectively control" (as per the DMCA) access to those fonts?

      While the shapes themselves are not copyrightable, the fonts as a whole, which contain hinting information, etc., are. This, I believe, has long been established.

      So that leaves the other question. Do advisory bits "effectively control" access to the copyrighted work? The obvious answer should be "no", but law is so convoluted and messed up that the obvious, sensible answer is often incorrect. I will say this: if the court rules that mere advisory bits "effectively control" access to a copyrighted work, we're all in big trouble.

      As to the quote mentioned by another in this thread that goes "Resetting them by any means on fonts you created is not what DMCA tries to prevent.", the DMCA wasn't intended to prevent you from playing DVDs you buy on your Linux box, either, but that's the end result anyway. The DMCA as it is interpreted prevents many things that should be allowed, so don't be surprised if it effectively forbids you to make changes to works that you created yourself.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    3. Re:Hm by Tom7 · · Score: 2

      Except the post is about something different -- my own battles with Agfa Monotype and ITC. The Adobe case is (afaik) unrelated, and there doesn't seem to be much information about it around...

  8. Sorry, but somebody's gotta say it by sdjunky · · Score: 3, Funny


    They're getting hit by the DMCA
    They're getting hit by the DMCA

    They went and messed up
    and embedded the font
    now they're getting it in the [censored]

    They're getting hit by the DMCA
    They're getting hit by the DMCA
    </YMCA Tune>

    1. Re:Sorry, but somebody's gotta say it by Soko · · Score: 4, Funny

      No, somebody sure as fuck doesn't need to use a song from The Villiage People to karma whore. TVP are the real reason I hate the RIAA so much, not the DMCA. Jerk.

      *Bashes head off of desk so ringing in ears drowns out that horrid, horrid tune*

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:Sorry, but somebody's gotta say it by NanoGator · · Score: 2


      They're getting hit by the DMCA
      They're getting hit by the DMCA

      They went and messed up
      and embedded the font
      now they're getting it in the [censored]

      They're getting hit by the DMCA
      They're getting hit by the DMCA

      Great. Now I'm going to spend a significant chunk of my work day wondering what rhymes with 'font'.

      --
      "Derp de derp."
  9. ITC, Agfa? by jeffy124 · · Score: 3, Interesting

    Arent these the same companies going after the CMU student for his embed tool?

    --
    The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    1. Re:ITC, Agfa? by Anonymous Coward · · Score: 2, Informative

      Yep, AGFA anyway. That's what I thought of the second I saw this article.

      Here's a link to the article about it to save some time. No point in umpteen people all running the same search over and over.

    2. Re:ITC, Agfa? by Tom7 · · Score: 2

      Yes. It boggles my mind that they would choose to get in a fight with a heavyweight like Adobe rather than a student with no money like myself, but those are the same guys making essentially the same claims!

  10. initial reactions by lingqi · · Score: 3, Interesting

    first reaction: [in wise-man voice] what goes around comes around... yeah...

    second reaction: so THAT's what a critical mass of dumbasses can do...

    and then it dawned on me: so the legends of "lawyers with head in ass" is really true after all...

    --

    My life in the land of the rising sun.

  11. What exactly is ITC/Afga's complaint based on? by analog_line · · Score: 2

    All the link given states is that they're accusing Adobe of violating the DMCA with Acrobat. Is it that ITC/Afga are claiming that the embedding of fonts in PDF files with Acrobat defeats a technological measure used to control access to the copyrighted work? What technological measure would that be, for goodness sake. Is it possible to get an installable font out of a PDF that has a font embedded, or are they saying embedded fonts in PDFs bypass some license requirement that anyone who views a font through electronic means must have purchased a license for the font in question?

    Hard to form any opinion about whether Adobe actually violates some portion of the DMCA, without hearing the actual complaint from ITC/Afga. Unless of course you're a thoughtless warrior against copyright, who doesn't care about niggling details like "the facts".

    1. Re:What exactly is ITC/Afga's complaint based on? by nagora · · Score: 2
      Is it possible to get an installable font out of a PDF that has a font embedded,

      Yes.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:What exactly is ITC/Afga's complaint based on? by Sicarius-128 · · Score: 3, Informative

      The complaint could be related to how Acrobat handles the embedding bits in truetype fonts.

      According to Adobe they have secured the rights for their customers to embed fonts from certain companies. Now what if the customer has a copy of the font which has the "do not embed under any circumstances" bits set? Simple, Acrobat can ignore the bits and embed the font anyway. Oops, that's circumventing a copy protection measure, instant DMCA violation.

      If that's the case, Agfa has pressed this issue before: see Font Company Wielding DMCA Against Bit-Flipping

      Of course, there's not enough info in the article to determine if this is the case or not...

    3. Re:What exactly is ITC/Afga's complaint based on? by analog_line · · Score: 2

      Thanks for the info, makes much more sense now.

      Mod the parent up, informative.

    4. Re:What exactly is ITC/Afga's complaint based on? by spitzak · · Score: 2

      PostScript fonts contain a "do not copy" bit. Ignoring it is a DMCA violation. Of course everybody ignores it, the library I have to read the fonts does not even have a call to find out how the bit is set!

  12. Improper use of the DCMA by Anonymous Coward · · Score: 2, Funny

    The real purpose of the DCMA -- and this ain't popular -- is to protect profits for American corporations. Despite the frothing ravings of the "everything wants to be free" crowd, this is not a bad thing. Copyright law has never existed to ensure or even provide equity between the little guys and the big guys. It exists to preserve the wealth creation potential of artists and content providers. It is wholly appropriate that Adobe used the DCMA against Skylarov .. after all, they are the corporation, they are the wealth creators, and they are the major contributors to the market economy. The same cannot be said of Skylarov.

    The same is also true of the two parties who brought this frivolous action against Adobe, neither or which I have even heard of. There is nothing at stake in the economy if these clowns get their way. They are only trying to be a thorn in Adobe's side, and from all appearances, are doing it in the most meddlesome and intrusive way they know how.

    Mod me down if you like, but I'm sick and tired of seeing people being demonized simply because they want to create wealth and live the American dream. Presumably, when you go home tonight, you're going to fix yourself a meal to eat. Consider this: the employees of Adobe would like to do the very same thing. Do your lofty ideals of socialistic code-sharing take precedence over the health and well-being of decent families?

    1. Re:Improper use of the DCMA by sane? · · Score: 2
      Mod me down if you like, but I'm sick and tired of seeing people being demonized simply because they want to create wealth and live the American dream. Presumably, when you go home tonight, you're going to fix yourself a meal to eat. Consider this: the employees of Adobe would like to do the very same thing. Do your lofty ideals of socialistic code-sharing take precedence over the health and well-being of decent families?

      probably the best explanation of why the 'dream' is a nightmare.

      WAKE UP DICKHEAD AND SMELL THE ROSES.

      Wealth 'creation' isn't a dream, its taking the bread off someone else's table. This isn't some kind of self renewing table, that 'wealth' comes from somewhere.

      You need to understand that this is in essence a closed system. No new resources, no new opportunities. Something does not come out of nothing, its TAKEN, its USED UP.

      What does this have to do with the DCMA and the story? Sure Adobe gets hoist by their own petard, but its only one more example of how we need a new social contract, a new way in which those that create are recompensed, those that consume are not held hostage....and those that feast on the work of others do not prosper - but are instead destroyed like the parasites they are.

      Face it, the 'dream' doesn't work. Wake up and greet the new dawn.

    2. Re:Improper use of the DCMA by Tackhead · · Score: 2
      > Wealth 'creation' isn't a dream, its taking the bread off someone else's table. This isn't some kind of self renewing table, that 'wealth' comes from somewhere.

      Really? I'm a richer man - in the sense that my computer does things it otherwise couldn't, and I have money in my pocket that would otherwise have gone to Bill Gates for a shoddier product - because of Linus, RMS, and the GPL.

      From whose table did Stallman take "bread" that spins on my hard drives?

      > You need to understand that this is in essence a closed system. No new resources, no new opportunities. Something does not come out of nothing, its TAKEN, its USED UP.

      See that big ball of hydrogen 93 million miles away spewing photons everywhere? See all those self-organizing carbon-based replicator units that turn photons into more carbon-based replicators?

      System don't look closed to me.

      See the carbon-based replicator units that look like hairless apes? See the big cranium on their pink- or brown-skinned bodies?

      See the hairy one called RMS and his cranium? That's where much of the wealth on my hard drive came from.

      > its only one more example of how we need a new social contract, a new way in which those that create are recompensed, those that consume are not held hostage....and those that feast on the work of others do not prosper - but are instead destroyed like the parasites they are.
      >
      > Face it, the 'dream' doesn't work. Wake up and greet the new dawn.

      Face it, this is the new dawn -- we're living the first generation in history in which the workers truly do own the means of production -- their own brains.

      Yet some still insist on preaching industrial-age Marxism - that the quantity of wealth in the world is fixed, despite all evidence to the contrary. (Yes, the third world lives in the same poverty it did 500 years ago, but 10-20% of the world's population now lives better than the kings of Europe at that time, and that population continues to increase. Most of you reading this today, have a higher standard of living than the top 1% of Americans did at the turn of the century.)

      Wake up and greet the new dawn? It's already mid-afternoon, sleepyhead.

    3. Re:Improper use of the DCMA by pubjames · · Score: 2

      I'm sick and tired of seeing people being demonized simply because they want to create wealth and live the American dream.

      That's right. Like all those wusses that don't support American military action overseas. What they don't realise is that someone has to make the bombs. Making bombs makes money, which is key to the American Dream. If you don't use the bombs, you don't need to make any more, therefore we have to go to war for the sake of the American Dream.

      I'm sick of all these hippy liberals with their wussy illogical arguments who want to destroy what makes America great. They should all be shot.

      (Hint for moderators - this is sarcasm).

    4. Re:Improper use of the DCMA by Lysander+Luddite · · Score: 2

      "Copyright law has never existed to ensure or even provide equity between the little guys and the big guys. It exists to preserve the wealth creation potential of artists and content providers."

      Actually, the Consitution Reads:

      "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

      Article I, section 8, clause 8.

      Sounds to me that wealth creation is secondary to the goal of promoting the progress of science and the arts, not for the exclusive right to make money.

    5. Re:Improper use of the DCMA by Violet+Null · · Score: 2

      YHBT. YHL. HAND.

      (And throwing this into the bypass the 'all caps' lameness filter)

    6. Re:Improper use of the DCMA by jonadab · · Score: 5, Insightful

      > Wealth 'creation' isn't a dream, its taking the bread off
      > someone else's table. This isn't some kind of self renewing
      > table, that 'wealth' comes from somewhere.

      You apparently have never had ecconomics, and are operating
      under the assumption that there is a fixed amount of wealth,
      so that if it is transfered from one entity to another then
      that's that, and the rich can by selling a lot of stuff
      accumulate all of the wealth and starve out the poor. This
      is true of certain kinds of wealth (the most obvious example
      being real estate), but it is not true in general and is
      certainly not true of currency, at least not under our current
      system. I'm going to appear to stray off topic here for a bit,
      but I will get back to copyright law before I'm done.

      If currency _did_ work that way, then we could increase the
      total amount of wealth by just printing tons more money.
      But in reality, that would just cause extra inflation. The
      ecconomy is not measured in terms of how much currency
      exists in the system, but more in terms of how many times
      it is spent[1].

      Every time a buck is spent, somebody gets something for it.
      Let's say you go out and buy Photoshop. You fork over an
      outrageous sum of money, and Adobe takes it -- but you get
      a copy of Photoshop. Adobe now has your money, and they're
      going to do _something_ with it. (Hopefully something other
      than wallpaper the executive bathroom, because that would
      remove the money from circulation.) Maybe they pay a font
      designer for thirty minutes' worth of work. The font designer
      now has the money -- but Adobe (hopefully, if everything is
      working as it should) has something to show for it, maybe
      a nice glyph or something. The font designer will take the
      money and do something with it. Maybe he pays his phone bill,
      for example. AT&T now has the money (your money, remember?),
      but the font designer got to call his mom long distance.
      Every time the money changes hands, somebody gets something.

      (There are exceptions. For example, you don't get anything
      when you spend money to pay your taxes. If the government
      takes the tax money and throws it in a vault, they've reduced
      your ability to spend money and are not spending it themselves
      either, and the whole system becomes impoverished. OTOH, if
      they tax you and then turn around and spend the money, then
      it is back in circulation and can be spent again.)

      Now, this doesn't mean you should necessarily spend your money
      as fast as possible. If everyone did that it would boost the
      whole ecconomy, and people would have more stuff; you would
      have more stuff -- but it wouldn't necessarily be the stuff
      you wanted to have. It generally works best if you spend the
      money on something you actually want.

      Savings are another topic for another day, but basically saving
      only hurts the ecconomy if you stuff a billion dollars in a
      matress. If you invest it (even in a savings account), it can
      to a large extent continue changing hands while you're not using
      it, and thus stay in circulation. That has value, which is why
      you get to collect interest.

      Now, back to copyrights. Copyrights are (in general) good,
      because they cause more money to be spent more times. However,
      current copyright law may perhaps go too far. Seventy years
      after the death of the author, very few works are still in a
      position to generate any substantial amount of spending. That
      being the case, the duration of copyright is probably too long,
      and should probably be shortened. Copyright holders who have
      good sense often release their works after a few years (when
      they stop generating any real revenue) in order to collect good
      PR. (I don't mean they place them into the public domain --
      although that is sometimes done too -- but that they start to
      give out permissions more liberally than they would have in
      the beginning. In software, this can mean taking a commercial
      product (e.g., the Zork series) and making it available for
      free public download (as Activision did).)

      So, is the DMCA good, or bad? Well, waving it around like a
      club the way certain entities have been doing of late is a big
      pain for everyone concerned. It's annoying, and it accomplishes
      very little in the long term. But that goes back to the very
      litigation-friendly nature of our society and of our court
      system, more than to any given law per se. I've seen several
      people post with the opinion that the DMCA does not apply here
      and is being misused. Perhaps so; IANAL. It has been misused
      in several cases where it does not or should not apply, so that
      would not really be a big change.

      I still haven't answered the question of whether the DMCA is
      good or bad... but I'm not going to do that in this post.

      [1] We could quibble about the word "spent", but basically
      I'm talking about forking over the money in exchange for
      some desired good or service, rather than just giving it
      over for nothing in return. Gifts don't harm the ecconomy
      (since the givee can turn around and spend the money), but
      they don't really contribute either. Taxes fall into the
      same category; they are effectively contributions, albeit
      mandatory ones, rather than spending in the sense I'm
      talking about spending.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    7. Re:Improper use of the DCMA by (void*) · · Score: 2
      That is what he is saying. There is limited money, and it cannot be *arbitrarily* increased without causing inflation.


      Where does it say "infinite supply"? "Infinite" is not an easy concept - don't use the word if you don't know what it means.

    8. Re:Improper use of the DCMA by hyphz · · Score: 2

      > You apparently have never had ecconomics, and
      > are operating under the assumption that there
      > is a fixed amount of wealth, so that if it is
      > transfered from one entity to another then
      > that's that, and the rich can by selling a lot
      > of stuff accumulate all of the wealth and
      > starve out the poor. This is true of certain
      > kinds of wealth (the most obvious example
      > being real estate), but it is not true in
      > general and is certainly not true of currency,
      > If currency _did_ work that way, then we could
      > increase the total amount of wealth by just
      > printing tons more money. But in reality, that
      > would just cause extra inflation.

      You have made your own point.

      In your example, I lose a few days work and gain a copy of Photoshop. Adobe loses a copy of Photoshop and gains a glyph. The font designer loses 30 minutes work and gains a long distance call. AT&T loses the use of one of its lines and gains some money.

      In other words, every time somebody gains something they lose something of equal value. This is essential for the economy to work.

    9. Re:Improper use of the DCMA by hyphz · · Score: 2

      I think the theory you're talking about is "credit creation". I borrow $1000 from the bank and buy a computer with it. Then, I'll pay the bank back it's $1000, but the guy who built the computer also pays in the $1000, so there's $2000 in the system now. Then Sid borrows $2000 and goes to buy a widescreen TV. He pays back the $2000, but the guy who sold the TV also pays in the $2000, so there's $4000 in the system now.

      Of course, this isn't creation at all. Because in order to GET that $1000 that I paid the loan back with, someone else had to pay it to me. So if I take out a loan of $1000, I pay back $1000. the guy I paid the money to pays in $1000, and the guy who paid me my money takes out $1000. Zero sum.

    10. Re:Improper use of the DCMA by hyphz · · Score: 2

      > Face it, this is the new dawn -- we're living
      > the first generation in history in which the
      > workers truly do own the means of production --
      > their own brains.

      Unfortunately, Marx's complaints about the means of production are out of date too. Nowadays, the problem would be the means of market access.

    11. Re:Improper use of the DCMA by Alsee · · Score: 2

      He was correct to exclude taxes. It is a subtle distinction, but it perfectly highlights the whole point of his post.

      Each time is spent someone gets something of value in return. When you pay taxes there is nothing of value linked with that particular transfer of money. Yes, the money will be spent on roads, police, etc, but that value is linked with the transfer of money when the government spends it.

      It is the same reason gifts don't count. Taxes and gifts are both movement of wealth/value without the creation of wealth/value.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:Improper use of the DCMA by jonadab · · Score: 2

      > I'm just not sure that you will actually own the
      > program, I believe the EULA will state that Adobe
      > owns it and are just licencing it to you.

      Okay, but you get to use it, and that has value --
      otherwise you wouldn't have spent the money on it.
      (It may be noted that I personally don't have a
      copy of Photoshop, but it was an example only.)

      --
      Cut that out, or I will ship you to Norilsk in a box.
    13. Re:Improper use of the DCMA by jonadab · · Score: 2

      > You do indeed get something for your taxes, you get all the
      > government services

      Not until they spend the money, you don't. If they tax you
      and throw the money in a vault (as _has_ been done at some
      points in history, albeit not AFAIK in the USA) you get nothing.
      It's when the money is _spent_ that somebody gets something.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    14. Re:Improper use of the DCMA by hyphz · · Score: 2

      > In the case of Adobe and you, Adobe consider the
      > money to be worth more than the license, and you
      > consider the license to be worth more
      > than the money.

      Not in the least. I might well think the license isn't worth Adobe's asking price, but if I need Photoshop's functionality and don't want to break the law I have no other choice.

      > (And you consider the money to be worth more
      > than the amount of time you need to work to get
      > it, but this is in a more complex setting.)

      Umm, that's a really bizarre statement.

      > At other words, for each and every trade, both
      > sides gets something that is worth more. They do
      > not get something that is worth the same -
      > they get something that is worth more.

      To them, perhaps, yes. But we were talking about creating wealth in the real economy, not about wealth that exists purely in people's skulls.

  13. Possible Outcomes... by Bonker · · Score: 3, Interesting

    Remember that Adobe is not fighting the DMCA. They are merely trying to bribe^h^h^h^h^hconvince a judge into saying that their actions are not a violation of the DMCA as has been alleged by other companies. This can have a couple possible outcomes. (IANALBTW)

    1. Adobe is sucessful in getting a judge to declare they are not violating the DMCA. This has bad and good reprocussions. The DMCA is strengthened by case law, but what Adobe gets off for, everyone else does as well.

    2. Adobe is not sucessful in getting a judge to decalre they are not violating the DMCA. This is initially bad, because the DMCA remains as strong as it was and the restrictions it imposes are stengthened by case law. In the long run, however, Adobe, one of the few non-Media oriented companies that has the most to gain from the DMCA is forced to lobby against it and fight it in court, possibly having longer lasting influence.

    The lesson we should learn from all this is that if a law requires a trial just to see if it applies to any certain case, it's probably not a good law and won't be applied fairly.

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
  14. Files in acrobat format are just artwork. by PerlPunk · · Score: 5, Insightful

    I have worked in the advertising industry for 7 years, designing advertisements and catalogs -- with purchased fonts -- and I never had this problem, nor have I heard of anyone in that industry having this problem.

    Presumably any fonts that shipped with product you got from a software vendor would be (should be) properly registered and legal to use out of the box. Otherwise, the fonts need to be purchased. It should be OK to distribute graphics, artwork, etc. as long as you purchased the fonts. I don't see why documents in Adobe acrobat should be considered any different from artwork produced in any other digital format.

    It's a common thing that when sending files to a service bureau for ripping, that you give the service bureau your fonts, or you make sure they are *embedded* in your postscript output. I have never heard that this is considered *copyright infringement*.

    The only problem I can forsee is if you can extract the fonts from Acrobat and use them for something else. Then there is a legitimate complaint.

    Otherwise, if Adobe can show that Acrobat is yet another format like GIF, JPEG, etc., and that if the person who creates a particular piece of artwork with legally purchased fonts does not violate copyright, then Adobe should win.

    If there is a copyright issue, it should be with the person who created the artwork and who didn't use licensed fonts, not with the people who created the file format.

    1. Re:Files in acrobat format are just artwork. by liquidsin · · Score: 2

      The only thing I can come up with is that the ITC and AGFA licensed the fonts believing they would be rasterized (photoshop) or broken to paths (illustrator), and allowed Adobe this since it would be "just artwork". But by embedding subsets of a font or the entire font, Adobe is enabling it's users to redistribute these fonts without licenses (again, I'm just guessing here). But unless there's some way to extract embedded fonts out of a .pdf I don't see what the problem is.

      --
      do not read this line twice.
    2. Re:Files in acrobat format are just artwork. by MouseR · · Score: 3, Interesting

      It's a common thing that when sending files to a service bureau for ripping, that you give the service bureau your fonts, or you make sure they are *embedded* in your postscript output. I have never heard that this is considered *copyright infringement*.
      Actually, that's illegal.

      Your serice bureau is expected to be a licensee of whatever fonts it is required to output.

      That's for font files themselves. Anything converted to mere outlines (aka, Illustrator's Convert to Path command) doesn't count as a font file (because it's not).

      It's the font file that is copyrighted, and considered as program code. So, as such, font files get as much protection as a program (eg, Illustrator).

      A few years ago, the Royal Canadian Mounted Police thought fashionable to crack down on service bureau. I worked in one of them back then, and we got searched heavilly. They only found a couple of font files that clients had sent on their disks, but we were able to proved we didn't asked nor required them.

    3. Re:Files in acrobat format are just artwork. by Bytenik · · Score: 2, Interesting

      Also, AFAIK there's no way to extract a font from a PDF.

      Actually, it is quite easy if you know how to parse the PDF file format.

      I recently wrote a PDF parser and viewer, and I have some test/debug code in the program that dumps each font on a page to a separate file.

      If I place any of these font files in my Windows font folder, I can use them in any other program.

      I'm not aware, however, of any programs written with the explicit purpose of extracting fonts.

      --

      "Scientists prove we were never here."
      -- Devo

    4. Re:Files in acrobat format are just artwork. by Hewligan · · Score: 2, Informative

      Whilst outstandingly bored at work once, I actually read the license agreement that came with our font files. Judging by that, Adobe doesn't think it's legal for you to give your fonts to a service bureau.

      --

      "If God created us in his own image, we have more than reciprocated"

  15. This sounds like a greed lawsuit by mblase · · Score: 5, Insightful

    "Many years ago Adobe anticipated the shift to electronic documents. At that time, we obtained the embedding rights from our font partners necessary to permit the creation of electronic documents," said Jim Heeger, senior vice president, cross media products....

    Adobe believes these claims are being made to gain ITC and Agfa leverage in the contractual disputes. Adobe strongly disputes this claim and is asking the court to rule that there is no violation of the DMCA.


    What this says to me is that Adobe licensed the fonts, intending to distribute them in electronic documents, and ITC/Afga didn't foresee that, and now they want more money for it, threatening to use the DMCA where it doesn't apply.

    The Slashdot headline was sensationalist and misleading. I can't see how ITC/Afga could argue that the DMCA should even apply here.

    1. Re:This sounds like a greed lawsuit by lunenburg · · Score: 3, Insightful


      The Slashdot headline was sensationalist and misleading. I can't see how ITC/Afga could argue that the DMCA should even apply here.


      Like most companies that have invoked the DMCA recently (Apple, HP, etc.), they're probably doing it as a scare tactic, without any real understanding of what the law applies to. The important part isn't really that the DMCA might apply to font embedding - the important part is that this is yet another group using the cudgel of the DMCA in a dealing with a competitor.

      I expect to see "I'm going to sue you under the DMCA" replacing "I'm going to tell Mom" in sibling fights any day now.

    2. Re:This sounds like a greed lawsuit by Ctrl-Z · · Score: 2


      The way I see it, companies see the potential for a win with the DMCA, but it hasn't really been fully tested. These companies are testing the limits of the legislation and defining the law.

      As long as you have faith in the justice system, there isn't any problem here. I myself don't have much faith in the American justice system, but that is only my personal feeling.

      --
      www.timcoleman.com is a total waste of your time. Never go there.
    3. Re:This sounds like a greed lawsuit by NanoGator · · Score: 2

      "The Slashdot headline was sensationalist and misleading."

      Ironically, the people that comment on Slashdot headlines think that typos are a bigger problem.

      --
      "Derp de derp."
    4. Re:This sounds like a greed lawsuit by dillon_rinker · · Score: 2

      ...lawyers whose primary concern is not with "justice" but with "legality."

      Not even legality but complexity. The lawyers are the only real guild left (possibly excepting the AMA). Try to practice law without joining the guild. They won't kill you or burn your shop down but they will send you to jail. They elect their own members to Congress and get their own members appointed to judgeships. They create and interpret the law. They profit only if the legal system is too complex for laymen to understand. I know of no productive ones. IANAL, but I work at a large law firm...

    5. Re:This sounds like a greed lawsuit by Observer · · Score: 3, Insightful
      ... threatening to use the DMCA where it doesn't apply.

      The Slashdot headline was sensationalist and misleading. I can't see how ITC/Afga could argue that the DMCA should even apply here.
      You can see that, and I can see that, but can ITC/Agfa's lawyers see that?

      (Quite possibly yes, but they're not paid to interpret the law in a reasonable manner: they're paid to find interpretations that favour their paymasters and which they reckon have a plausible chance of either standing up in court or which will at least risk sufficient expense and inconvenience to fight that the target will settle out of court. Outside legal circles, this sort of activity is called 'blackmail' and is generally held in low esteem. In some jurisdictions, it is (gasp!) even a criminal offense.)

    6. Re:This sounds like a greed lawsuit by karmawarrior · · Score: 2, Informative
      I can't see how ITC/Afga could argue that the DMCA should even apply here.
      It applies because the fonts are digital content, and the DMCA covers all copyright violations concerning digital content.

      Contrary to Slashdot-lore, only one small part of the DMCA has anything to do with access control circumvention systems. It's a general copyright law, it just happens to have a few evil parts bolted to it.

      --
      KMSMA (WWBD?)
    7. Re:This sounds like a greed lawsuit by sjames · · Score: 2

      The thing is, this is a press release from Adobe, it's hardly surprising that they would present the case as open and shut in their favor.

      That's not to say that it isn't, just that we can't know just by reading one side's story.

      There is a certain amount of fairness here, who else do we know who was threatened with a law that didn't apply to them, and then had (still has) to go through legal hell to get it all straitened out?

      To make it completely fair though, Adobe would need to be forced to move it's headquarters to an unfamiliar foreign country and pursue it's case in an unfamiliar court system that isn't obeying it's own rules.

  16. The irony at AFGA by daoine · · Score: 5, Funny
    I headed over to AFGA's homepageto read up on exactly what their licensing terms were, just in case something looked obviously wrong or something.

    Ironically, the legalese file which states the terms is a pdf...for which they strongly suggest Adobe Acrobat.

    1. Re:The irony at AFGA by NanoGator · · Score: 2

      Couldn't interpreting the legalese be seen as a violation of the DMCA?

      --
      "Derp de derp."
  17. Somewhere... by dr_dank · · Score: 2

    Dmitry does that really deep evil laugh.

    --
    Where does the school board find them and why do they keep sending them to ME?
  18. Free fonts by crow · · Score: 5, Insightful

    Does this mean that we can get free fonts from PDF files?

    To be fair about it, we should only grab fonts out of PDF files distributed by the copyright holders of the fonts in question. The most likely candidates for such use would be files from Microsoft and Apple.

    And it's legal--they own the fonts, they gave them to us, and they didn't even have a click-through license on them.

    1. Re:Free fonts by Pfhreakaz0id · · Score: 2

      I dunno if you can extract the fonts from PDF files... and all of the characters aren't necessarily embedded (you can just embedd the few from that font you use, IIRC)

    2. Re:Free fonts by Anonvmous+Coward · · Score: 2

      "Does this mean that we can get free fonts from PDF files?"

      Yes you can, but they locked up so tight you may need an Orphan Annie Decoder Ring to get them out.

    3. Re:Free fonts by Da+VinMan · · Score: 2

      IANAL, but even if that were possible, you still don't have a legal leg to stand on.

      "Copyright" means the IP owner has rights over the situation under which a copy is made. Period. You don't get to circumvent that just because they used one copyrighted material to present another copyrighted material.

      --
      Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
    4. Re:Free fonts by wiredlogic · · Score: 2, Interesting

      It's possible to extract the raw font glyphs from a PDF (convert to PS with acrobat reader). You would have to painstakingly reconstruct the font from the data and you can't get any meta-information from the original font for things like kerning, hinting, baselines, etc. PDFs usually only include those glyphs that are actually used in the document so you might not be able to reconstruct the entire font from a single PDF.

      --
      I am becoming gerund, destroyer of verbs.
  19. Effective DMCA Resistence by kenp2002 · · Score: 2, Insightful

    Simply put, the best way to elminate the DMCA is to use it. Fight fire with fire. Use their own tool of control against themselves. I wouldn't be suprised if that is why they are poking at Adobe.

    --
    -=[ Who Is John Galt? ]=-
  20. I know what people are thinking. by Enahs · · Score: 2
    I know people are thinking that it's great that Adobe is getting smacked for this one . . . but once again, it's the customers of Adobe, ITC, and Agfa who're suffering. If I'm understanding this right, I'm breakin' the law any time I use an ITC/AGFA Monotype font in something that's later converted to a PDF (so long as Distiller is set up to embed fonts.)

    It's not cool, especially since ITC and AGFA have some awesome fonts. I suppose it's time to ask Adobe to step up to the plate and make suitable replacements.

    --
    Stating on Slashdot that I like cheese since 1997.
  21. A two edged sword by cosmosis · · Score: 3, Interesting

    This case brings up an interesting proposition, and may hint at future threats to the DMCA. If a law is so draconian and restrictive, then eventually it can come around and bite the ass of the people originally supporting it. The same could be said for Bermans 'right to hack' bill, if it some how survives constitutional muster, then it could allow anyone (you and me) to hack the RIAA, MPAA back, looking for any copyrighted works we have created - art, digital home photos and movies, etc.

    The first thing to do is copyright every digital work you have and then sue any company that modifies it without your permission - which apparently every software program out there will modify your creation on some level. I'm not a software engineer, so I don't know all the intricacies.

    1. Re:A two edged sword by mickwd · · Score: 2

      You might be interested in this link from The Register about how a crack of the RIAA website means you can (or could) download MP3s from the RIAA's own website.

  22. And the revolution begins to eat its own children by gelfling · · Score: 2

    I couldn't be happier. I would love to see the DMCA result in an enormous shift of capital from one bunch of pirates to another and collapse the whole so called software industry as a result. Watching self righteous bullies like Warnock and whomever replaced him squirm is the best news I've heard all week. My God if any software company annointed itself the bearer of standards for the whole fucking world, it's been Adobe. I would love to see Acrobat and its shitty document handling banished from earth. The only thing it really exists for is to create uneditable documents like that's some fucking holy grail upon which to dictate terms to the rest of us.

    Screw them and fontmanagers they rode in on.

  23. I am not a consumer! I am a CITIZEN! Please use t by dpilot · · Score: 2

    This too shall pass.

    Honestly, I hope not, though I fear in the current political/economic climate that the difference will be rendered negligible. Fortunately, I expect that given a bit of time, the current political/economic climate will pass, too. I hope it will pass, first.

    --
    The living have better things to do than to continue hating the dead.
  24. How bizzare by autopr0n · · Score: 2

    Fonts are explicitly excluded from being copyrighted in the US?

    I never would have suspected that.

    --
    autopr0n is like, down and stuff.
    1. Re:How bizzare by Pfhreakaz0id · · Score: 2

      Right. This is why fonts are so widely copied. I remember this from my graphic artist days. The entire Adobe Font Library was serious $$$ (thousands of dollars. I'm not kidding). But you could buy a $49 knockoff that changed the names and then fire up your font substitution preferences to have Quark or Pagemaker substitue ZappoDings for ZapfDingbats and have few -- not zero, but few -- problems.

      the story I always heard was it was trivial for the software distributors to make one tiny change to one character and it was legally a new typeface (it wasn't bit for bit identical).

    2. Re:How bizzare by dvdeug · · Score: 4, Informative

      the story I always heard was it was trivial for the software distributors to make one tiny change to one character and it was legally a new typeface (it wasn't bit for bit identical).

      Actually, there's a big difference between a typeface - the set of curves that define the shape of a character - and a computer font - the code that draws those curves. The latter has full protection of law. You can't take the font and change a few bits in it and legally redistribute it, and those companies that did got sued big time. You can, however, print out the font at large sizes and scan it back into the computer, or anything else that copies the curves but not the program/font.

    3. Re:How bizzare by fishbowl · · Score: 2

      How would it be to have a free press but with no type? The film version of Fahrenheit 451 shows
      books with drawings but no words...

      --
      -fb Everything not expressly forbidden is now mandatory.
    4. Re:How bizzare by twitter · · Score: 2
      Actually, there's a big difference between a typeface - the set of curves that define the shape of a character - and a computer font - the code that draws those curves. The latter has full protection of law.

      Would that be because some joker like Bill Gates made it possible to patent algorithms? What is Adobe up to here? How is it that they feel welcome to use someone else's IP but won't let others even talk about how crapy theirs is? Adobe, you suck. Yeah, you were an early adopter and comercializer of electronic formats, so what?

      --

      Friends don't help friends install M$ junk.

    5. Re:How bizzare by dvdeug · · Score: 2

      Would that be because some joker like Bill Gates made it possible to patent algorithms?

      No. Fonts have full protection of copyright law like any other program.

  25. Re:Improper DCMA by krmt · · Score: 3, Insightful
    It exists to preserve the wealth creation potential of artists and content providers.
    But is it doing this? No one can really say for sure, as the issue is very complex even without going in to the individual liberties issue.
    The same is also true of the two parties who brought this frivolous action against Adobe, neither or which I have even heard of. There is nothing at stake in the economy if these clowns get their way.
    Just because you haven't heard of these companies doesn't mean that they're small. These are two big design groups, and a lot of the typefaces that you see every day in print, on billboards, on TV, and on your own monitor came out of them.
    Presumably, when you go home tonight, you're going to fix yourself a meal to eat. Consider this: the employees of Adobe would like to do the very same thing.
    So would the Agfa and ITC employees. So would the designers who use these fonts every day. Everyone out there is trying to make a buck, but doing it by screwing over other people isn't the way it's supposed to be done. Granted, this is a messed up dog eat dog world, but that doesn't excuse laws like the DMCA which will harm us all in the long run. Just because someone like Skylarov didn't contribute to the annual GDP as much as the collective of Adobe doesn't mean that he should be valued any less. Remember, corporations are supposed to be counted as individuals legally, and thus they should have no more privledge and status than any other individual, no matter how much wealth they create.

    And just remember that all companies that grew in to these wealth-creating machines had to start small. Two guys in a garage. A guy in a wharehouse. Two men and a woman with an idea. Everyone and everything has to start somewhere, but they never will get the chance to grow if they are squashed prematurely by the big guys. If you really want to see wealth, and if you really want to see growth then you've got to allow for enough freedom for people to do their work. The DMCA allows the big guys to deny that. If you're really for capitalism then you should be against the DMCA.
    --

    "I may not have morals, but I have standards."

  26. Kind of like... by KlomDark · · Score: 2

    This scary new "Homeland Security" thing they're trying to create. Doesn't make me feel secure, instead makes me feel like being watched all the time, cameras everywhere, interrogation for no reason, everything you heard scary about "the communists" in the old days, happening here instead this time.

  27. The Thoughtlessness of Dogma by FreeUser · · Score: 4, Insightful

    Wow, you're an amazing dullard.

    God, your myopia makes a televangelist appear openminded.

    Free Marken uber Alles? Hello, flyspeck, it's not the free market that passed the DMCA--it's a hyper-active government that did so.

    hyper-active government? Elected government, acting upon the desires its constituency (not the voter, but rather the paying special interest/corporation), in a free market of influence and paid-for legislators, thanks to a 1978 supreme court ruling interpreting corporate finance as equivelent to free speech. If the governmenty is hyper-active, it is because the ever-worshipped 'invisible hand' of the free market of legislative influence has made it so.

    Legislation has everything to do with markets, free or otherwise, indeed no market (free or otherwise) can exist in a complete vacuum of legislation and function coherently (if you really need it spelled out for you, consider any number of ungoverned lands as well as the behavior of the black market itself. Lack of regulation means lack of laws for a court to interpret, i.e. a lack of jurisprudence and the rule of the gun, libertarian myths of anarchistic utopia notwithstanding).

    But of course, all of that misses the point I originally made entirely (which was, perhaps, your intent). By perusing any number of Ayndroidian posts here on slashdot and elsewhere from people who argue similarly to yourself, the common reply to complaints about corporate malfaescence and misbehavior, be it financial, social, economic, or environmental, is always a handwave toward the mythical 'invisible hand' of the marketplace (which has already been debunked by more recent, and more applicable, economic theory for which a Nobel prise has been granted) with no supporting argument as to how or why a free market would, for example, prevent Monsanto from poisoning the drinking water of a small southern US town than, say, government oversight that would throw such people in jail for doing such a thing.

    As I said before, oh thought-challenged reactionary, everything we do is done in an ethical and social context, a fact which libertarian dogma and naive readers of Ayn Rand can't seem to grasp for all its obviousness to the rest of the human population. That goes for Adobe, and is irrevelent with respect to the specifics of the legislation in question, to wit:

    Adobe took a social convention (in this case the poorly concieved DMCA, but it might just as well have been copyright law itself, or some other convention) and used it to the detriment of the the society as a whole. Now that another has turned and done a similar thing to them, they are without support. This means that mitigating cirumstances, that might normally have led to a compromise, are likely to fall on deaf ears and evince, at most, an amused chuckle from the common observer.

    In other words, now that the tables are turned, the pathetic excuse of "their only responsibility is to their shareholders and it is proper that they do all that is legal, no matter how unethical or reprehensible, to make money" is shown to be the absurdity that most clear thinking people always recognized it to be, namely that, in the end, such behavior undermines not only the society, and hurts not only the victims of the initial misbehavior, but ultimately the very company and stockholders the behavior was purported to benefit.

    Alas, the weakness of the free market for determining ethical behavior is that, as often as not, unethical behavior does pay, often with little or no unpleasant consiquence for the corporate wrongdoer. Which of course means if you want to build a society fit for humans to live in, rather than merely one that is designed to service corporate entities at the expense of everyone else, you need more than just a simple, unregulated, free market.

    --
    The Future of Human Evolution: Autonomy
    1. Re:The Thoughtlessness of Dogma by Steve+B · · Score: 2, Interesting
      Adobe took a social convention (in this case the poorly concieved DMCA, but it might just as well have been copyright law itself, or some other convention) and used it to the detriment of the the society as a whole.

      The fact that it is inconvenient to your argument to admit that the DMCA is an act of government does not make it a "social convention".

      --
      /. If the government wants us to respect the law, it should set a better example.
    2. Re:The Thoughtlessness of Dogma by FreeUser · · Score: 2

      The fact that it is inconvenient to your argument to admit that the DMCA is an act of government does not make it a "social convention".

      It isn't in the least bit inconvinient to my argument. Social conventions take many forms: formal legislation is one of them.

      --
      The Future of Human Evolution: Autonomy
    3. Re:The Thoughtlessness of Dogma by FreeUser · · Score: 2

      The term Free Market means a market Free of Government. If the government CAN legislate an aspect of a market, then that market is NO LONGER free.

      That may be a free market, by its strictest definition, but such a market, while it may start out competatively, will ultimately devolve into a marketplace of oligarchies and outright monopolies, ultimately indistinguishable from the planned economies founded upon completely antithetical philosophies.

      In other words, a purely free market (as you've defined it) is as entanable and unstable as a purely planned economy, be it communist or faschist.

      This does not that ALL goverment power is "bad", it just needs to be carefully monitored.

      On that point I couldn't agree with you more.

      --
      The Future of Human Evolution: Autonomy
    4. Re:The Thoughtlessness of Dogma by Illserve · · Score: 2

      Looks like someone needs an education about the evils of monopolies and how much damage they can do. Anti-trust legislation was established for a reason. A well run monopoly has enough money that it basically destroy the free market within its subdomain, preventing, at least for a number of decades, the rise of any commercially viable alternative.

      Now, you can argue that in the end, all monopolies will fall, which is true. However, it's also true that in the end, we'll all die, the earth will be destroyed by the sun and the universe will settle into heat death.

      These "eventually's" are small comfort to the people that will suffer for many decades under the rules of monopolies if they are permitted to grow without bound.

      Economic theories are useless if not applicable to the here and now, and that is where monopolies hold the greatest sway.

      If the best example of monopolies you can come up with is the phone companies, try rolling the clock back a few decades before anti-trust legislation was enacted, back to the steel cartels that prompted this legislation. Families starving to death would certainly disagree with your assessment.

    5. Re:The Thoughtlessness of Dogma by HiThere · · Score: 2

      I'm not certain that your assertion is true. Perhaps all you need to do is remove the special protections and exemptions granted to corporations. That might, eventually, be sufficient to revitalize the free market.

      That said, even Adam Smith realized that the free market was a concept that did not apply in a monopoly situation.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:The Thoughtlessness of Dogma by mpe · · Score: 2

      Looks like someone needs an education about the evils of monopolies and how much damage they can do. Anti-trust legislation was established for a reason. A well run monopoly has enough money it basically destroy the free market within its subdomain, preventing, at least for a number of decades, the rise of any commercially viable alternative.

      "Well run" in this context means from the companies POV, not from the POV of their customers or suppliers. Also the first victims tend to be already existing companies within the same kind of market.

    7. Re:The Thoughtlessness of Dogma by japhmi · · Score: 2, Insightful

      The term Free Market means a market Free of Government.

      I would say, instead, that the term Free Market means a market free of undue governmental influence. After all, a free society is not a society with no government, but again, is one free of undue governmental influence.

      Now, how much legislation does it take until governmental influence becomes 'undue?' That's the question that people (note: people, not companies) need to decide for their societies.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
  28. "Corporations are legally individual entities" by bani · · Score: 3, Funny

    If that is so, then we need a corporate death penalty. M$ needs to get the chair.

  29. The perils of ill-concieved legislation by hillct · · Score: 2

    There will be many more of these cases where those who have attempted to enforce the DMCA against companies and indeviduals they find to be a threat to their business, will find themselves on the recieving end of these suits.

    Such are the perils of ill concieved and internally inconsistant legislation like the DMCA. Making such drastic changes to the tenets of copyright and fair use, established 200 years ago, is frought with risks. I predict there will be a great many of these suits that victimize the vary companies who supported the legislation as it passed through congress, for the simple reason that for the past three decades, products have been developed based on the previously existing standards of copyright and fair use, and there's no grandfathering clause to speak of in the DMCA.

    Eventually the quantity of these suits will diminish, as products based on the old standards are removed from distribution and we become acustomed to the slower creative development and weakened artistic and technical growth dictated by the new intellectual property standards we have imposed on ourselves.

    The only remaining question is: Are these new standards in the best interest of the majority?

    If so, we will fine a new ballance in our creative and technological endevours. If not, the law must be repealed and a more approprite piece of legislation developed.

    --CTH

    --

    --Got Lists? | Top 95 Star Wars Line
  30. Re:DMCA and maket fareness by IndependentVik · · Score: 2, Insightful

    Indeed, the way of democracy is that when enough corporations are inconvenienced, a law can be changed.

    Hey, waitaminute . . .

    --
    I'd suggest you don't use Slashdot as your only news source, or you will suffer permanent brain damage.
  31. Even funnier! by morcheeba · · Score: 2

    AFGA uses Adobe fonts in that document, and none of their own! See Rotis and Plantin.

    -- pdffont reports these fonts:
    JAFADN+ATRotisSerif
    JAEPOI+Exlibris-Bold
    Plantin-Italic
    Symbol
    JAIMNO+Exlibris-Bold
    JAI NCD+ATRotisSerif
    JAMJLC+ATRotisSerif
    JAMKFK+Exli bris-Bold
    JBBHAD+ATRotisSansSerif
    JBBFNC+Exlibri s-Bold
    JBBGBH+ATRotisSerif

    (I couldn't get adobe's name out of the pdf, but I assume these trademarks are exclusive to adobe)

  32. Re:Economics are closed systems.. by jonadab · · Score: 2

    > ..sooner or later everything comes from something.

    Yes, this is true, but often what it comes from is human effort,
    which is often (albeit not always) motivated by a paycheck.

    > Wealth does *not* come from thin air. Resources are used to create
    > it, even if those resources are just the nutrients in the soil that
    > eventually end up boosting somebody's brain power. Unless the
    > resources used are returned, sooner or later we find there's no
    > more resource.

    Yes, but we're talking about copyrighted works here, not fossil
    fuels. Copyrighted works are produced _primarily_ by human effort,
    which is an extremely renewable resource. Yes, it comes from
    somewhere. Ultimately it comes from the food you eat. Maybe
    you've had science in elementary school: do you remember where
    the food chain starts? Photosynthesis is powered by sunlight.
    Basically, the human effort to create copyrightable works runs
    (indirectly) on solar power. But yeah, if we create too much
    then we'll exhaust the sun.

    --
    Cut that out, or I will ship you to Norilsk in a box.
  33. If I had mod points. by beleg777 · · Score: 2

    That's exactly what I was going to say. I know this post is kind of pointless, but considering you didn't get modded up I had to at least recognise a good joke.

    --

    Science may someday discover what faith has always known.
  34. Re:Economics are closed systems.. by Dannon · · Score: 2

    So if we stop enforcing IP laws, IP will cease to have value, and thus not be considered wealth. Makes sense to me!

    You say it's only the force of Law that gives value to Intellectual Property? I can only guess from this statement that your intellect has never produced anything which you greatly value. Either that, or you just don't understand the nature of wealth.

    The ideal of copyright law, and the ideals of capitalism in general, reflect the truth that ideas -do- have value... that ideas can put food on tables, bring clean water to homes, save lives, and so much more. The fact that the DMCA and the patent system as they currently exist in the United States are inherently flawed does not change this truth.

    --
    Good judgment comes from experience.
    Experience comes from bad judgment.
  35. Cartels are antithetical to freedom & capitali by FreeUser · · Score: 3, Insightful

    What I'd like to see is that anarchistic utopia of free software developers squash software corporations like Adobe into the ground. There's only one way capitalists will learn and that's for them to watch the very markets that make them rich disappear from right under their nose. Not only software, but media, TV, music, etc. will all experience the effects of the mythical anarchistic utopia you've mentioned. Or maybe they won't... but it sure looks to me like free software is giving Microsoft a run for its money. Who do you think will be next?

    I like capitalism. I'm quite good at it (and make a very good living at it). Capitalism, in the form of competative free markets is generally good for dealing with most naturally scarce things (not all mind you, as sometimes other pressures can cause the free market to break down. Natural monopolies, such as the road to your home and your drinking water are one type of example. Medical services, where the pressure of having an alternative of dying if you chose not to be a customer, is arguably another area that lends itself only very imperfectly to a competative, free market.)

    However, in the realm of ideas, invention, software, and infinitly copiable content, there is no natural scarcity, and capitalism breaks down. So much so that the government feels compelled to create monopolies, with no pretense of a competative, free market.

    And you are right, a thriving, cooperative commons, with its own internal (mostly friendly, though sometimes not) competition will outcompete a monopoly cartel every time ... unless the cartel in question buys legislation from a corrupt government to kill individual innovation.

    Which is exactly what Microsoft is all about with Palladium, and the RIAA and the MPAA are all about with so-called DRM (digital rights revocation). They know they can't compete. Microsoft can't compete with free software and, in the long run, the recording industry and movie studios will not be able to compete with a vibrant community of artists creating free (or very inexpensive) music and movies (the latter quite possibly with blender, as I am doing). Online copyright violators and file sharers aren't any more of a threat than VHS and cassette tape users were fifteen years ago, and they know that. It isn't about preventing file sharing, its about preventing competition, something a corporation with a cartel mindset simply cannot abide.

    --
    The Future of Human Evolution: Autonomy
  36. Money does not equal wealth by smiff · · Score: 3, Interesting
    You make the point that money itself is not wealth. Wealth is the products and services you aquire with money. You hold onto this philosophy until you get to taxes and copyrights.

    you don't get anything when you spend money to pay your taxes.

    So having roads to travel on, schools for your children, and armed forces to defend your nation count as nothing?

    Copyrights are (in general) good, because they cause more money to be spent more times.

    You're saying copyright is good because it will cause people to spend money. That may make sense if people would not otherwise spend that money. In reality, if people could acquire copyrighted content for free, they would spend their money on something else. Furthermore, without copyright, anyone who wants the content could get it; whereas with copyright, only those willing to spend the demanded fee will obtain the content. Thus copyright holds back the distribution of wealth (content).

    You argue that copyright is good because it encourages people to spend money. Your argument is flawed. Spending money is only good in that it can encourage the creation of wealth. When you buy a sandwich at McDonalds, you pay McDonalds to serve you a quick, convenient meal, so wealth has been created. McDonalds pays someone to process your order (which is really just overhead), someone to make your sandwich, and a farmer to grow the food. In each case (except for the overhead), McDonalds pays for the creation of wealth.

    As another example, suppose I sell my car to a high school student. The student can't afford a new car, so she won't pay anyone to create a car for her. I can't afford a new car, so I won't pay anyone to create one. However, since I gave up my car in return for money, the student has acquired wealth, and I have enough money to buy a new car, thus creating wealth.

    Copyright increases wealth only insomuch as it encourages the creation of wealth (content). Without copyright, artists would presumably not bother creating content and no one would get anything. If copyright lasts longer than is necessary, it prohibits people from acquiring wealth, and allows the publisher to collect money for doing nothing.

    Spending money for nothing is pointless. It allows some people to collect money for doing nothing, when they should be out creating wealth.

    1. Re:Money does not equal wealth by jonadab · · Score: 2

      > > you don't get anything when you spend money to pay your taxes.
      >
      > So having roads to travel on, schools for your children, and
      > armed forces to defend your nation count as nothing?

      Sorry, I wasn't clear. You don't get those things (schools, armed
      forces, roads, et cetera) when (or because) the taxes are collected,
      but you do get them when the taxes are _spent_. Just like with a
      voluntary contribution: if I send you fifty bucks (not that I'm
      planning on it, but it's fun to pretend), the ecconomy is not
      boosted in any real way by that, _but_ when you spend the money,
      then it is boosted, just as if I had spent the money myself. It's
      the same if the contribution is a mandatory tax: nobody gets
      anything when the taxes are contributed, but when they are spent,
      then you do.

      I made this distinction largely because there have been in history
      some governments that taxed in order to accumulate wealth (in the
      form of precious metals and things usually), and then stored large
      quatities of it under lock and key. That type of taxation serves
      to impoverish the entire nation. If the tax money is spent, however,
      it is returned to the system and continues to circulate as before.
      (Paying off debt counts as spending. So does paying the interest.)

      > You're saying copyright is good because it will cause
      > people to spend money.

      At least in theory, yes. Copyright allows books and things to be
      sold at a profit (rather than on razor-thin margins), which has
      augmented entire industries, employing millions of people. In
      essence, it creates more ways for money to usefully change hands.

      > Spending money is only good in that it can encourage the
      > creation of wealth.

      This is true, and the pro-copyright argument is predicated
      on the assumption that creative works can be considered
      a form of valuable wealth. I guess I wasn't clear on that.

      > Without copyright, artists would presumably not bother
      > creating content

      This is the sticking point. We all know that _some_ authors feel
      compelled to write and would do so even if there were no potential
      to make any significant amount of money by doing so. The more
      interesting question is not whether _any_ content would be created
      but how much -- is _more_ content created because of copyright law
      than would be otherwise? IOW, _fewer_ artists would bother.

      > If copyright lasts longer than is necessary, it prohibits people
      > from acquiring wealth, and allows the publisher to collect money
      > for doing nothing.

      Absolutely. After a point, most everyone who is going to buy the
      content has done so. The duration of this time period varies
      depending on the medium, the quality of the content, and so on,
      but at some point the copyright _needs_ to expire. I am of the
      opinion (as I stated) that our current copyright law makes this
      period of time too long, that it should be shorter. But I do not
      think it should be done away. Now, here's a question: how much
      shorter should it be? Why do we measure from the death of the
      author, rather than the date of first publication? How many
      years are required for a content creator to make a respectible
      earning from his work? I've said that I think seventy years is
      too long, but what about thirty years? Twenty? Ten? Not that
      this is actually going to have any chance of happening, but
      it's interesting to think about, IMO.

      > Spending money for nothing is pointless. It allows some people
      > to collect money for doing nothing, when they should be out
      > creating wealth.

      That's true, but it's not as bad as it seems. They're going to
      spend (or invest) that money in most cases, so it gets back into
      the system. They're not impoverishing the whole ecconomy by
      collecting that money. It is possible to argue that they are
      impoverishing the system by a failure to continue to produce
      more content, but then we have to raise the question, "is
      retirement bad for the ecconomy?" It's more ecconomics than
      I thought we really needed to go into in a DMCA thread.

      --
      Cut that out, or I will ship you to Norilsk in a box.
  37. Analysis of Something Else by Tom7 · · Score: 2

    Actually, that comment is about my software , not Adobe. However, the similarities are striking. I think Agfa Monotype and ITC just love to send out empty threats...

    1. Re:Analysis of Something Else by Lars+Arvestad · · Score: 2
      Wow, that is an interesting story! I am glad that there are limits to the copyright strangeness.

      I am impressed by how you stood firm against that bully! Good job.

      --
      Reality or nothing.
  38. Re:Monotype's corresponding release(?) by Tom7 · · Score: 2

    That's actually a press release about My Software . I can't find anything about the Adobe business, but I'd be very interested in hearing Agfa Monotype's complaint, for obvious reasons...

  39. Copied?? by Tom7 · · Score: 2
    My copy of the US Constitution says ...

    You copied the Constitution???!? Holy crap! I am calling the founding fathers!

  40. Not Quite that Clear Cut... by Tom7 · · Score: 2

    Simple, Acrobat can ignore the bits and embed the font anyway. Oops, that's circumventing a copy protection measure, instant DMCA violation.

    Actually, even if you can argue that embedding bits are a DMCA "technological measure," etc., (see my reply to Agfa Monotype for arguments about that) I don't think the issue is that clear cut.

    Check out 17 USC 1201(c)(3):


    Nothing in this section shall require that the design of, or
    design and selection of parts and components for, a consumer
    electronics, telecommunications, or computing product provide for a
    response to any particular technological measure, so long as such
    part or component, or the product in which such part or component
    is integrated, does not otherwise fall within the prohibitions of
    subsection (a)(2) or (b)(1).


    Basically, this says that a consumer device (ie, Acrobat) does NOT need to implement any particular response to a technological measure. In other words, it is free to ignore the measure if it wishes, but it can't CIRCUMVENT it. Circumvention as defined in the DMCA has an active component, check out the definition. Simply ignoring the bit would be hard to argue as circumvention.

    However, I think the issue in question has to do with licensing, and that the DMCA is a red herring. But, since the article is so poor on details, we can only guess...
  41. Re:What do ITC and Afga claim as violating DMCA? by Tom7 · · Score: 2

    Wrong wrong wrong! That software was written by me, and is an entirely different DMCA complaint by Monotype. I have no clue about the Adobe stuff, though I'd be very interested in hearing about it...

    Macromedia??

  42. hrmph by Perianwyr+Stormcrow · · Score: 2

    Corporations call you consumer, fascists call you citizen. Take your pick (neither is a fine answer.)

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  43. You are BOTH! by DoctorFrog · · Score: 2
    I am not a consumer! I am a CITIZEN! Please use the word citizen. It's not politically correct, it's just correct.

    Being a consumer and a citizen are not mutually exclusive. The grandparent even specifically included "the non-consuming public" in the list of the affected.

    I don't normally comment on moderations, but this is hardly Insightful. The poster used a perfectly appropriate word for the point he was making; he didn't say you weren't a citizen, and in the context of the list his word was more correct, since he was pointing out that BOTH consumers and the non-consuming public were affected.

    I don't normally comment on moderations, but this is hardly Insightful. In context it's not even correct; it's a knee-jerk reaction to a word which is frequently misused but was not in this case.

  44. Actually it is a copyright issue... by caldaan · · Score: 2, Informative

    The fonts are generally licensed per user, per a certain number of printers. I think the common license is 5 users two printers. Well your service bureau/printer doesn't have access to the license. The reason why its technically OK for you to do this is because they have already purchased the fonts as well. As far as the adobe acrobat format is concerned, i agree with you, the fact that you make the pdf is as if you printed it. It whould be considerd an electronic piece of paper. You can photocopy something printed with their fonts without a license, this is just the electronic form of photocopying. Their issue with it however is now you can send that to someone else who can print it, and make an exact perfect replica. Now the whole printer license is messed up. And since you embedded the font in the pdf, they can but legally do not have the right to print it. Adobe allows this by ignoring the Allow_embedded bit, and is therefore violating the DMCA.

  45. Are you being deliberately obtuse? by FreeUser · · Score: 2

    Yes, it would terrible if a single organization controlled the construction, maintenance, and regulation of all the roads in a locality. They might impose draconian corporate policies about helmets and seat belts [...yada yada yada usual anti-government free market ueber alles dogma yada yada...]

    Are you being deliberately obtuse, or do you simply prefer feudalism to democracy?

    I dislike much about our government and am as scathingly critical of them (particularly the current administration) as anyone, but your sarcastic diatribe simply reeks of stupidity.

    Hint: local governments are elected, are directly accountable to the people, and more often than not regulate across the board equally. UPS, Federal Express, and the US Post Office all have equal access to the highway system and local roads.

    Do you really think that would be the case if UPS, a non-democractic, non-elected, feudalistically organized entity (as are all private companies BTW) owned the highway instead? Recent experience in the telco industry, and the resulting disappearance of DSL providors in the united states as a result of local baby bell abuses of their last mile of copper monopolies, suggests otherwise.

    Frankly, I cannot believe anyone over the age of eight would be so stupid as to advocate what you just did. Amazing.

    --
    The Future of Human Evolution: Autonomy
  46. Re:Economics are closed systems.. by Dannon · · Score: 2

    Please tell me what you think ideas can do without implementation?

    A very good point, and a worthy question. An idea without some form of implementation is like a car without an engine: It's worth something to somebody, but only to the mechanic who can make it run, or the junkyard warrior who can craft it into something new and different. Most of these ideas fall in the realm of theoretical sciences: physics, math, philosophy, and so on. The best such ideas can do is spawn other ideas.

    For example, take Boole, the inventor of binary logic. He died thinking he had come up with an idea with no possible implementation whatsoever. Someone else found an implementation for the idea, and so computers were made possible.

    On the other hand, implementations without ideas simply do not exist. And without the implementation of certain great ideas, there are very valuable things that would not exist. Therefore, it's safe to say that these things would not exist without the ideas that lead to the implementations. Before someone had the idea of using penicillin to combat bacterial infection, all we had was bread mold. Now we have antibiotics.

    I alone am not going to think food onto my table. But my implementations of my ideas are valuable to my employer. My employer's services (which stem from his ideas and are made possible and affordable by my ideas) are of value to his clients. Somewhere, one of his clients is providing life-essential services (which stemmed from an idea) to an agricultural engineer. Because that engineer is able to afford those life-essential services, he can focus his attention less on the the effort of living, and more on creating and implementing ideas. Those ideas, once implemented, lead to a surplus of food. Another industrious-minded individual has had the idea to transport surplus food to places far and wide, where it can be used.

    Some of this food gets transported to feed starving in Africa (assuming it doesn't get 'appropriated' by some dictatorship on the way). Without this long chain of implemented ideas, they would not have food. And some of this food ends up on my own table, too.

    I still hold to my original point. Ideas have inherent value. Some ideas are worth more than others, and different people will value an idea differently, but still. Ideas have value.

    --
    Good judgment comes from experience.
    Experience comes from bad judgment.