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Adobe Gets Hit By DMCA 390

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."
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Adobe Gets Hit By DMCA

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  • 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?
    • 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).
    • A two edged sword (Score:3, Interesting)

      by cosmosis ( 221542 )
      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.
    • 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
  • by Dutchmaan ( 442553 ) on Wednesday September 04, 2002 @02:14PM (#4196103) Homepage
    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.
    • by HaeMaker ( 221642 ) on Wednesday September 04, 2002 @02:22PM (#4196167) Homepage
      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, 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.
    • 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.
      • 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.).

      • 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.
    • by mblase ( 200735 ) on Wednesday September 04, 2002 @02:30PM (#4196224)
      "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.

      • 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.

        • 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.
      • ... 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.)

    • 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.
      • 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).
      • 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
  • Come on kids... (Score:4, Insightful)

    by starX ( 306011 ) on Wednesday September 04, 2002 @02:15PM (#4196106) Homepage
    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?
  • by JahToasted ( 517101 ) <toastafari AT yahoo DOT com> on Wednesday September 04, 2002 @02:17PM (#4196123) Homepage
    ain't it sweet?
  • Bit by their own dog (Score:4, Interesting)

    by EvilAlien ( 133134 ) on Wednesday September 04, 2002 @02:18PM (#4196125) Journal
    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.

    • by PD ( 9577 ) <slashdotlinux@pdrap.org> on Wednesday September 04, 2002 @02:26PM (#4196195) Homepage Journal
      I am not a consumer! I am a CITIZEN! Please use the word citizen. It's not politically correct, it's just correct.

      • 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.
      • Do you consume products then?

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

        • 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".
          • 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.

      • 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.
    • 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.
  • by Amazing Quantum Man ( 458715 ) on Wednesday September 04, 2002 @02:18PM (#4196128) Homepage
    And it just hit Adobe.

    I am ROFL so much I can't even describe my joy at this.
  • by FreeUser ( 11483 ) on Wednesday September 04, 2002 @02:19PM (#4196134)
    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.
    • 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...
      • 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.
    • 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.

  • Hm (Score:5, Informative)

    by LtSmith ( 574135 ) on Wednesday September 04, 2002 @02:20PM (#4196139)
    A nice analysis of this can be found here [politechbot.com]
    • Fonts are explicitly excluded from being copyrighted in the US?

      I never would have suspected that.
      • 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).
        • Re:How bizzare (Score:4, Informative)

          by dvdeug ( 5033 ) <dvdeug@@@email...ro> on Wednesday September 04, 2002 @04:02PM (#4196731)
          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.
    • 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...

    • by kcbrown ( 7426 )
      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.

  • by sdjunky ( 586961 ) on Wednesday September 04, 2002 @02:20PM (#4196144)
    <YMCA Tune>
    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>
  • ITC, Agfa? (Score:3, Interesting)

    by jeffy124 ( 453342 ) on Wednesday September 04, 2002 @02:21PM (#4196154) Homepage Journal
    Arent these the same companies going after the CMU student for his embed tool?
    • Re:ITC, Agfa? (Score:2, Informative)

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

      Here's a link to the article about it [slashdot.org] to save some time. No point in umpteen people all running the same search over and over.
  • initial reactions (Score:3, Interesting)

    by lingqi ( 577227 ) on Wednesday September 04, 2002 @02:23PM (#4196177) Journal
    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...
  • 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".
  • by Anonymous Coward
    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?
    • 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.

      • > 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.

      • YHBT. YHL. HAND.

        (And throwing this into the bypass the 'all caps' lameness filter)
      • by jonadab ( 583620 ) on Wednesday September 04, 2002 @04:05PM (#4196741) Homepage Journal
        > 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.
        • 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.

    • Re:Improper DCMA (Score:3, Insightful)

      by krmt ( 91422 )
      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'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).
    • "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.
  • Possible Outcomes... (Score:3, Interesting)

    by Bonker ( 243350 ) on Wednesday September 04, 2002 @02:25PM (#4196193)
    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.
  • by PerlPunk ( 548551 ) on Wednesday September 04, 2002 @02:30PM (#4196220) Homepage Journal
    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.
    • 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.
    • 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.
  • by daoine ( 123140 ) <`moc.oohay' `ta' `3101hdaurom'> on Wednesday September 04, 2002 @02:36PM (#4196255)
    I headed over to AFGA's homepage [agfamonotype.co.uk]to 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.

    • AFGA uses Adobe fonts in that document, and none of their own! See Rotis [adobe.com] and Plantin [adobe.com].

      -- 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)
  • Dmitry does that really deep evil laugh.
  • Free fonts (Score:5, Insightful)

    by crow ( 16139 ) on Wednesday September 04, 2002 @02:44PM (#4196298) Homepage Journal
    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.
    • 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)
  • 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.
  • 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.

  • 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.
  • by mcwop ( 31034 ) on Wednesday September 04, 2002 @03:01PM (#4196413) Homepage
    Karma: Crappy (mostly effected by their past use of the DMCA on others)

  • Legislators and courts around the world have to little knowledge of IT to make working laws or enforce the laws that are created in a reasonable way.

    Today DMCA, copright laws and patent laws makes it
    virtually impossible to leagally write any kind of reasonable complex software without breaking some of those laws. The situation gets even worse as many software products are sold worldwide, and have to adjust to various versions of these laws
    around the world.

    It's not at all surprising that we see events like this, and we could expect more to come. And as a result software prices will rise. Since sofware companies will probably have to hire more lawyers than developers to be in the clear.

    So if you have children send them to law school, and they will have a secure future.
  • Since federal judges have no need to worry about impressing or kissing up to potential campaign contributors (because there are no political campaigns for federal judges), they're perfectly free to sit back, laugh, and tell Adobe exactly where to stick their little request.

    Are we all prepared with our collective Nelson laugh when Adobe gets turned down?
  • Open-sourcing fonts (Score:5, Interesting)

    by Animats ( 122034 ) on Wednesday September 04, 2002 @03:22PM (#4196535) Homepage
    Bitmap fonts are not copyrightable in the US. Outline fonts are considered "software", and can be copyrighted.

    So what's needed is a utility that converts a range of sizes of a bitmapped font to some convenient outline format. This is a compression problem; in the end, when they reach the screen or printer, fonts are bitmaps. Just think of the outline representation as an efficient way to store a set of related bitmaps. It may take a fair amount of crunching and curve-fitting to build outlines that match the bitmaps, but it's certainly possible. Good open-source project - once somebody gets one that more or less works, it's improvable.

    Bitmap fonts sometimes come with kerning information, which might be viewed as copyrightable, but if you have the bitmaps, you can derive the kerning information; just try all the letterform combinations, see how close you can get them before the closest distance hits some limit, and record that as the kerning info for that pair.

    A tool like this could even be used on scans of fonts, allowing the acquisition of fonts only seen in print. And it's legal in the US.

  • by TrentTheThief ( 118302 ) on Wednesday September 04, 2002 @03:49PM (#4196668)
    Font embedding was a big deal in the old days of technical writing. Not the real, old days, I mean the old days after sending out camera-ready paste-ups and before we everyone began distributing docs as PDF. Back when the big thing was sending out PostScript (now we send PDFs to service bureaus) using tapes or removable hard drive cartridges.

    We had very specific instructions concerning which fonts we could embed and which were ones were taboo. The legal BS at that time was primarily driven by Adobe's licenses. Service bureaus could, indeed, strip a font right out of a PostScript file. We were only permitted to embed the fonts if the Service Bureau already had a license. If they didn't, then we gave them the font to install, and they were supposed to uninstall it after outputting. It didn't make any more sense then than it does now.

    The PDF SDK on the adobe site is the place to look for info on fonts and PDFs. My opinion is that it is possible to strip out the font if it is embedded. The kerning info is contained in the file when you use 100% embedding. Text touchup uses that info when the font isn't installed on the local machine.

  • Adobe would involke the DMCA tomorrow against you, me or anyone else if it would further their corporate interests. Karma aside, this perfectly illustrates the lack of conscience that corporate America has these days. When you get Alan Greenspan, head of the Federal Reserve and an old line conservative Republican on TV talking about how bad it is, you KNOW it's bad! The big problem is that today corporations are basically run by accountants and lawyers. The former looks to screw everyone out of their $$, the latter to screw everyone out of everything period. These people have no responsibility to anyone but themselves. In other words, they don't CARE how what they do affects anything but the next quarter's profits. I'm not anti corporation; I just want them to be good citizens. Right now I can't think of a single one that fits that criteria. Especially one as blatent as Adobe seems to be.
  • by MxTxL ( 307166 ) on Wednesday September 04, 2002 @04:25PM (#4196879)
    While it's bitterly ironic and we can take pleasure in it, it's not something that we should applaud. More and more cases where the DMCA stands just establishes further precedent that it can be used as a big club to stifle our rights.

    The only way this can be a good thing is for Adobe to fight tooth and nail against it and win. This would establish good precedent and may one day lead to an overturn.

    While i would like Adobe to burn on this, them getting hit with this suit is just as bad as if happens to some like Sklyarov.
  • by Sivar ( 316343 ) <charlesnburns[@]gmail...com> on Wednesday September 04, 2002 @04:34PM (#4196930)
    Corporate execs on the phone:
    "Damnit, senator! I didn't want this law to be used against us!"
  • by Sloppy ( 14984 ) on Thursday September 05, 2002 @12:58AM (#4198634) Homepage Journal
    I would attack the assertion that the bit can possibly "effectively control access" to the work.

    These types of fonts were around for many years prior to the passage of DMCA. During that time, it was legal to ignore the bit. Programmers wrote code that ignored the bit. The code was distributed and a great number of people had access to it. It was legal to create and legal to use.

    Then DMCA passed. A law can cause a previously legal activity to become illegal, but it can't cause the previous instances of the activity to become illegal. Thus, even after DMCA was passed, the earlier widespread and routine activity of ignoring the bit, was not illegal.

    Given that so many people already had legitimately used tools that ignored the bit for many years, one cannot credibly argue that the bit "effectively controls access" to the work, since it obviously does not. Therefore, DMCA's prohibitions do not apply.

    It is strategically vital that Adobe be supported in this, regardless of their other behaviors. If Agfa is able to successfully convince a judge that the bit effectively controls access, it opens the door for any number of other "technological measures" to retroactively(!) become access controls. Tools that are currently in use and legal to use right now, could be caused to become illegal merely by someone releasing another tool that behaves differently. This cannot be tolerated.

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