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Font Raid Spells Trouble for Publisher

rs232 writes to tell us The Register is reporting on a publishing firm that got fined for using unlicensed fonts. The firm claimed to only be actively using one font, but was found to be using approximately 11,000. In addition to their font headaches, the firm was also found to be unlicensed on 95% of their Adobe software and 75% of their Microsoft software — talk about a bad week.

38 of 416 comments (clear)

  1. the beast of the nature by yagu · · Score: 4, Interesting

    FTA:

    The publisher was the subject of a BSA enquiry after an ex-employee tip-off, said the BSA, which is funded by software companies.
    , and:
    "For many companies fonts are an integral part of their branding, and none more so than publishers who rely on them to produce many distinct publications."
    The problem is complicated by the fact that some fonts can arrive as part of other people's documents and can sometimes stay, unlicensed, on a network.

    So, if:

    • you own or are part of a company that has ex-employees OR
    • you receive documents from other people/companies

    I'm sure this is just a partial list but it illustrates nicely the pitfalls of software narcs. I won't deem whether this company is off the deep end on their violations -- it looks like they were less than careful, but these "violations" can appear in bizarre and unexpected ways. I'd not even thought of the possibility one could be harboring illegitimate payload by dint of receiving someone's documents.

    I have however experienced it in other ways. I one time found an installation of Excel on one of our company computers with MY NAME, and MY LICENSE KEY! To this day I have no idea who or how that was "pirated".

    The BSA (ironic acronym matching a possibly more wholesome organization, n'est-ce pas?) is a snarky pest, generating ill will from C to shining C++. I'd be interested to know their bottom line, for all of the dollars spent running the BSA how many dollars are returned in generated revenue.

    Then, if it is even a positive number (I doubt it), I wonder if anyone would spend the dime and time to discover what the loss in sales from ill will spawns. Of course it's only speculation on my part, but I'm pretty sure I read an article in the last year where an organization switched proprietary purchasing gears after being ratted out, and skewered for some pretty honest mistakes.

    Someday, they should consolidate... just call them: MRB (MIAA/RIAA/BSA). Every new article I read about any of these pushes me further from commercial offerings (not that that is any great deal anymore).

    (After visiting Camden Publishing's website (I won't give URL, suspect they've got enough without slashdot) it appears to be a small to modest size company, and while they're a publishing company, I'd be surprised to see a company their size able to sustain large budgets for auditing (though it seems BSA has finally accommodated them). And even though the numbers are 95%, and 75% for "pirated" Adobe and Microsoft products, what are the real numbers? I'd be surprised if they were big, and I'd not be surprised if it's a case of a small staff cloning (technically illegally of course) software for convenience and under audited guidelines probably would not have purchased more copies.)

    1. Re:the beast of the nature by bluekanoodle · · Score: 4, Insightful

      You've got a good point. Sure the BSA proclaims that 75% of their Office licenses were "pirated" but how many really is that? 4 PC's? 400?

    2. Re:the beast of the nature by GGardner · · Score: 5, Funny
      Every new article I read about any of these pushes me further from commercial offerings (not that that is any great deal anymore).

      I'm sorry, but this is an unlicensed thought. Please change your mind or pay up.

    3. Re:the beast of the nature by spun · · Score: 5, Interesting

      In the publishing business, managing your fonts is an important part of doing business. Technically, I'm not even sure that customers are allowed to include fonts, but they do it all the time. Typefaces are not copyrightable, but computer generated fonts count as programs, and so they are copyrightable. Generally speaking, if I bought a page layout program, "PageFoo," and my printing house did not own a copy, I could not include a copy of PageFoo with my files to enable that printing house to print them out. Is it technically legal to do the same with font files unless the license permits this? I don't think so. Does everyone do it anyway? Yes. Do publishers keep customer font around in case the customer forgets to send it in? All the time.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    4. Re:the beast of the nature by WoodstockJeff · · Score: 5, Interesting
      The problem is complicated by the fact that some fonts can arrive as part of other people's documents and can sometimes stay, unlicensed, on a network.

      And the fact that several Microsoft and Adobe applications will "helpfully" insert font files into documents and even emails so that you can have a proper "presentation" with the end user (who might not have the same fonts installed) doesn't do much for anyone trying to keep things legal. If I open a PDF with embedded fonts, am I now a pirate?

    5. Re:the beast of the nature by AvitarX · · Score: 4, Insightful

      Most fonts allow embedding as part of the liscense.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    6. Re:the beast of the nature by BrynM · · Score: 4, Interesting
      When I installed the Windows Vista Beta, there was a segment in the EULA expressly saying that you can't copy the fonts
      Easy to figure out why...

      Funny that the core web fonts have been discontinued by MS as well. Sadly, the font industry is riddled with companies stealing each other's fonts all the time.

      Go get some free fonts and leave the "trendy" fonts to the companies willing to eat eachother and their customers alive. There are font creators out there who want you to use their fonts without their pound of flesh, but they are being driven away from a very controversial and cruel industry.
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    7. Re:the beast of the nature by thesandtiger · · Score: 4, Insightful

      I'm sure that it was actually some small number of machines - could be 3 - so "3 machines had unlicensed software" vs. "75% of their Office installations were pirated" does make sense.

      BUT!

      I have no problem with individuals pirating software for their personal use. I, personally, have pirated just absurd quantities of software throughout the years - everything from Visual Studio and Office on to every Adobe and Macromedia app out there, and then into some really esoteric and freakishly expensive 3D software. And I learned how to use most of the tools I used professionally on pirated copies. However, if I found something useful and wanted to make it into a business, I bought a legit copy.

      To me, using pirated software to make money is just flat out wrong. Not an acceptable practice at all. Even if it's "only" a couple of copies of Office (and, after all, MSFT is the devil) - still not acceptable. I am sure that Camden would be pissed if people stopped paying them for their work, or if people simply took their copyrighted works and re-published them to sell as their own. It's just not kosher.

      If a business can't afford the tools they need to do a job, then they either need to find cheaper tools, change the way they do business, negotiate with the vendors, or get out of their field.

      I don't like the bullshit tactics that the BSA uses, but I also don't think that anyone they stomp on is automatically on the side of the angels, either.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    8. Re:the beast of the nature by CRCulver · · Score: 5, Interesting

      Go get some free fonts and leave the "trendy" fonts to the companies willing to eat eachother and their customers alive. There are font creators out there who want you to use their fonts without their pound of flesh, but they are being driven away from a very controversial and cruel industry.

      You're joking, right? Most of the free fonts offered online are not suitable for publishing. Commercial fonts are carefully, painstakingly tweaking for maximum visual effect, and most font hobbyists just can't put that much time into theirs.

      Furthermore, these free fonts usually have limited coverage of Unicode. What can you do with them if you have to typeset a text with many usual glyphs, such as IPA characters, Eastern European Latin characters, or even non-Latin scripts such as Cyrillic, Arabic, or CJK?

      There are only a very few free-in-as-freedom fonts that are actually of sufficient quality that publishers can use them. The Computer Modern fonts used with the TeX typesetting engine is one example, but that's only appropriate for the sciences, and if you want a TeX font for the humanities you have to cough up money for the Lucida commercial font.

  2. Ouch. by Kid+Zero · · Score: 5, Funny

    Unlicensed software is always font of trouble in the business world, it seems.

  3. Simple solution by Foobar+of+Borg · · Score: 4, Funny

    The simplest solution is to use Courier or Courier New. Noone uses typewriters anymore, so it will confuse everyone and set you apart from everyone else.

    1. Re:Simple solution by Tribbin · · Score: 4, Funny

      Nobody uses it you said? I had to type my homepage on a typewriter because my server shut down and I lost all my information!

      http://tribbin.nl/

      --
      If you mod this up, your slashdot background will turn into a beautiful sunset!
    2. Re:Simple solution by anaesthetica · · Score: 5, Funny
      The simplest solution is to use Courier or Courier New. Noone uses typewriters anymore, so it will confuse everyone and set you apart from everyone else.
      Why isn't your post in courier new then?
  4. Wha...? by Reality+Master+101 · · Score: 4, Interesting

    The publishing firm had claimed to be using just one font but in fact was found using 11,000.

    How is it even possible to use 11,000 different type faces?? They have to be adding up all the fonts on all the PCs. 500 PCs with unlicensed Adobe Garamond = 500 fonts.

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:Wha...? by Rob+T+Firefly · · Score: 5, Funny
      How is it even possible to use 11,000 different type faces??
      Ever read Wired Magazine in the 1990s?
    2. Re:Wha...? by Daniel_Staal · · Score: 5, Informative

      It's not that hard, actually. Remember that high-end fonts (which is what I'm assuming we are talking about here) have seperate faces for bold, italic, bold-italic, smallcaps, 'light', 'display', 'caption', and any and all combinations of the above. One font-family can easily include thirty or so fonts, all of which are sold seperately. (Or, of course, you can buy the bundle. But if you don't acutally need the caption-oblique version and a few others it might not be worth the whole bundle.)

      So, a couple hundred font-families is several thousand actual fonts. For a publishing house, where you need the right font for every occasion, that's a small collection.

      --
      'Sensible' is a curse word.
    3. Re:Wha...? by DragonWriter · · Score: 4, Informative

      A "font" and a "type face" aren't the same thing. While modern computers can do "good enough"mdash;for casual use, at least—extrapolations of different sizes and styles from a single font, professional publishers are going to use a distinct font (with appearance tweaks) for each different combination of face, style, and type size. Times-12pt-Roman isn't the same font as Times-12pt-Italic, Times-10pt-Roman, etc. It doesn't take a whole lot of different faces, sizes, and styles to get up around 11,000 fonts.

    4. Re:Wha...? by Rorschach1 · · Score: 5, Funny

      How is it even possible to use 11,000 different type faces??

      You've never been on MySpace, have you?

    5. Re:Wha...? by Bogtha · · Score: 5, Funny

      How is it even possible to use 11,000 different type faces?

      One overenthusiastic manager and a copy of Powerpoint.

      --
      Bogtha Bogtha Bogtha
    6. Re:Wha...? by 2nd+Post! · · Score: 4, Interesting

      Linotype claims over 6,500 fonts available.
      Adobe claims over 2,200 typefaces available.
      Bitstream claims over 1,400 fonts available.

      If you look at MyFonts.com you will see that the list over 49,105 fonts available from 282 font foundries, out 574 known foundries listed on that site.

    7. Re:Wha...? by Ryan+Amos · · Score: 4, Funny

      It'd probably be an interesting magazine if the editors were eating acid.

      I think the tons of font faces were something some aging designer thought approximated leetspeak (it hurts my eyes to read it, its gotta be cool!)

  5. Good! by drinkypoo · · Score: 4, Insightful

    They should get busted. I'm wishy-washy on the idea of copyright (and how far it should extend) but one thing I do believe is that businesses should pay for software with which they make money. It's one thing for the hobbyist who uses photoshop to make desktop backgrounds not to pay for it; it's another thing when it's a world-class photographer who supports themselves based on their photoshop output.

    A question, though - why exactly is this in the YRO section? It has nothing to do with someone's guaranteed rights being violated or abridged. In fact, it is just the opposite; Adobe's rights (and those of the font distributors) are being protected. Someone broke the law, and got turned in by an ex-employee, probably somebody they crapped on. Fuck 'em, let them pay the full fines, and then some. Personally, I suggest collecting the fines from the employees of the company that made the decision to use unlicensed software and fonts. Why should they get off scott free? They're the ones who actually broke the law, the company charter didn't fly its ass up out of the file cabinet and insert the CD in the drive.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  6. Licensing woes by totallygeek · · Score: 4, Interesting

    I used to work for a bank that did a fair job keeping track of licenses, or sort of. They purchased licenses for all employees for Microsoft products, eventhough a decent percentage of employees did not have it installed. They also purchased a copy of Photoshop and Corel Draw for every marketing person, eventhough only two people used the products. However, they loaded and never registered many pieces of software which would not have been a big deal to cover monetarily: Winzip, PDF printer, Winlpr, fonts, etc. It just boggles the mind that they go through so much trouble for boxed products, but just never did anything about other software. I told them that it would be better that Microsoft find out they were 20% out of compliance than for some shareware author to find out they had been using software for years on 100% of their machines without paying a dime.

    1. Re:Licensing woes by voice_of_all_reason · · Score: 5, Funny

      lol... "Oh shit, it's the WinZip police! Hide!"

      It's all about cost versus risk. In this case, the risk of WinZip stormtroopers crashing through the skylight and throwing flash-bangs is so low as to be laughable. Microsoft, not so much...

    2. Re:Licensing woes by totallygeek · · Score: 5, Insightful
      It's all about cost versus risk. In this case, the risk of WinZip stormtroopers crashing through the skylight and throwing flash-bangs is so low as to be laughable. Microsoft, not so much...


      I would have thought the same thing about fonts.

  7. New Font Released soon! by Anonymous Coward · · Score: 5, Funny

    Microsoft Sans Licence.

  8. Widespread by Ohreally_factor · · Score: 4, Funny

    A graphic designer I know (an ex-gf, actually) has not paid for either software or fonts for the last decade. She has rationalized that because once, in a staff position, she authorized the purchase of approximately 20 seats of adobe software for a graphics department, so Adobe owes her. She uses cracked copies.

    I've often wondered what would happen to her and her clients if Adobe got wind of this. (Yes, it was a spectacularly bad break up.) =)

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:Widespread by Anonymous Coward · · Score: 5, Funny

      Do it. You know you want to do it. DO IT.

  9. Re:What the heck is the BSA? by taniwha · · Score: 5, Funny

    Th Boy Scouts of America are a paramilitary organization known for tieing their opposition up in knots ....

  10. Oh, in Britain... by SpectreHiro · · Score: 4, Insightful

    I was a little dismayed when I first read the blurb. I could swear there wasn't any type of legal protection for typefaces in US law... One of the reasons that Adobe et al. made a push towards programmatically described fonts (Type 1 and Type 3). Although they couldn't protect the typeface itself, they could protect the copyrighted code that generated the font.

    Then I remembered where the register.co.uk was located. Thank god... I was almost forced to RTFA. Phew.

    --
    You can't win, Darth. If you mod me down, I shall become more powerful than you could possibly imagine.
  11. I told you! :-) by writermike · · Score: 5, Interesting

    Gahdammit. I am one of hundreds of thousands of /. users and NO ONE listened to my prophetic vision back in April? Dammit. I called the cops. They wouldn't listen either. I am just too darned potent! ;-)

    Uh... Oh... maybe the didn't listen to me.

    --

    I've worked with and on computers for nearly thirty years and I'm frequently surprised by the amount of piracy in workplaces. Oh, I'm not talking about out-right piracy like bittorrented copies of cracked Photoshop, but lots of little things.

    For instance, I've worked in commercial printers that literally had thousands of typefaces. Let's say you have a job you need printed on a printing press. You collect all the images, layout files, typefaces, etc., and you send that to the printer. The printer is supposed to delete those fonts when the job is complete. They don't, of course, so you have millions of pirated typefaces out there.

    Another example: images that are only supposed to be used once, logos "retouched" and used in other publications, templates you're supposed to pay for obtained from non-traditional (i.e. free) sources, trials that miraculously seem to go on forever, etc.

    Stuff like this happens in all kinds of offices all over the planet. There are so many companies out there who, if they took a real and honest accounting of the software and tools and plug-ins they have, would find that if they did actually purchase everything they own, they'd likely not have half of it. And if they did, they would have spent themselves into bankruptcy. But they rationalize that it's all necessary, it's something they need to do in order to do business. Indeed, many companies couldn't perform some of their services without the stuff they obtained.

    I dunno. I think that, one day, someone really large with lots and lots of locations and chances to pirate stuff is going to get slammed with a huge fine and it's going to open a very large can of worms. If Best Buy really did use Winternals products illegally, it would not surprise me in the slightest, and it would be very, very typical of most companies, large and small.

    P.S. And, yes, I can't claim my hands are completely clean.

    P.P.S. Don't copy that floppy.

    --
    If Nalgene water bottles are outlawed, only outlaws will have Nalgene water bottles.
  12. Re:Fonts = Typefaces = not protected in the USA by avalys · · Score: 5, Informative

    In the US, you can copyright the program that draws a font: i.e. the Truetype font definition file.

    However, you cannot copyright the font design itself: meaning, if someone wants to design their own font that looks exactly like yours, they're free to do so.

    I'm guessing what this company did falls into the former category, which would still be illegal in the US.

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    This space intentionally left blank.
  13. Actually, typefaces cannot be copyrighted... by msauve · · Score: 4, Informative
    unless things have changed since the US Copyright office, stated

    Both the Congress and the Fourth Circuit Court of Appeals in Eltra Corp. v. Ringer decided that analog typeface designs are not now copyright subject matter. The Copyright Office concludes that typefaces created by a computerized-digital process are also uncopyrightable. Like analog typefaces, digitally created typefaces exhibit no creative authorship apart from the utilitarian shapes that are formed to compose letters or other font characters.
    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  14. I'm shocked! Shocked, to see this abuse! by boyfaceddog · · Score: 4, Interesting

    11,000 fonts? come on. At a normal pub firm 11,000 is probably what they found just on the FONT SERVER. At a printing firm you'd find way more than that, because every job comes in with its own fonts and each font is unique.

    Each. Font.

    I have seen two jobs from two different clients use the SAME font from the same provider but with different creation dates and the fonts were just different enough that we couldn't use one font for both jobs.

    Please, for the love of all that the BSA holds dear to its little black heart, don't start checking font licenses or we're ALL DOOOOOMED!

    --
    Here will be an old abusing of God's patience and the king's English.
  15. Re:Everyone does this in the print industry by ewhac · · Score: 4, Insightful
    The briefest Google on my username should quickly reveal my views on the disaster that is the modern copyright regime, but your post makes me seriously question the ethics of your boss.
    Quark is over $1000, and Freehand is about half that. The CEO said the company cannot justify the cost of these programs for just a few customers.

    Yet your CEO is able to justify accepting jobs from customers he cannot, technically, support. This analogy is admittedly imprecise, but if a customer came in with a job on eight-inch floppies, would you accept it? Or would you turn the customer away, saying, "Sorry, we don't have the facilities to read your job data?"

    And I don't even pay attention to who owns what fonts, because I know my company would never spend one cent on a font.

    Let's assume computers didn't exist, and you were still using cast lead type. If a customer came in requesting a job in Garamond, and you didn't have a case of Garamond, would you turn away the job, or suggest substituting a typeface you do have?

    If we make the analogy more precise, and the customer walks in with their own case of Garamond type, would you return the type to them when the job was complete?

    It's my personal view that computer software and data, once it's been created, is essentially valueless, since it can be infinitely duplicated at zero cost. So I don't see unsanctioned copying ("piracy") as a problem, but merely an inevitability that all software authors and vendors must acknowledge and learn to live with. However, even I am taken aback by the rather cavalier attitude your CEO seems to show for the economic realities facing those who created the tools he uses to conduct his business and satisfy his customers.

    Our civilization stands at a crossroads in our social and economic evolution. The computer heralds a day where even physical goods can be duplicated infinitely and effortlessly (assuming we survive the rising seas), and copyrights and patents as we conceptualize them today truly will become meaningless. But we're in a transition period, and that future is in peril. Physical artifacts can't be freely duplicated -- a fundamental assumption of the old economy -- but digital artifacts can, which the old economy can't cope with. It will take an exercise of good character and strong ethics by many people to carry us through to the real New Economy.

    Your CEO may care to participate in this transition, and acknowledge the good work he is able to do by rewarding the good work of others.

    Schwab

  16. Other side of coin by Nom+du+Keyboard · · Score: 5, Interesting
    On the other side of the coin, I wonder how much software is paid for but never used?

    Windows licenses on computers running Linux.
    Software purchased, but never installed.
    Software lost or stolen and identical replacements bought.
    Software purchased and installed on computers that are no longer in use because either the computer was replaced with a newer one, or the company has gone out of business.
    Volume purchases that over-buy the actual amount needed or used.
    Other causes.

    I never hear figures given on excess and redundant software purchases.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  17. Actually, only computer fonts have IP protection by LionMage · · Score: 4, Informative

    You can't trademark, patent, or copyright a traditional typeface -- at least, not in the United States. For those who don't know, a typeface or font used to be a collection of metal blocks with raised edges which, when used in a printing press, would impress the images of the corresponding characters onto a page.

    There is absolutely zero protection for the distinctive look of a typeface, which is why you can go out and buy "look-alike" fonts and why you can even download clone fonts.

    The intellectual property protection for computer fonts comes from the idea that fonts are computer programs -- because a computer font is a file consisting of a set of instructions that tell the computer how to render the characters that make up the font. So copyright applies.

    However, there's nothing stopping you from printing out each of the characters at some large point size (say, so there's one character filling each page), painstakingly tracing those characters with graph paper, and creating your own knock-off font. In fact, this technique is used a lot. What you won't be able to do, unless you're a master craftsman or engineer, is determine and duplicate the hints that make a font legible at small point sizes.

    Now, I can't speak for the IP laws in the UK, but it is at least true that in the U.S., only computer fonts enjoy legal protection, and only because they are considered software.

  18. Re:marketing by bky1701 · · Score: 4, Insightful

    I think you mean for propaganda purposes.