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I certainly understand the technical difference involved, but not everyone who might use them in this way (especially with helper software) would.
If they're going to advertise the sales of these fonts with the claim that they allow embedding in documents, and not clarify exactly what they mean, it's certainly would fall under fair use for someone to include them in an ePub. What the word "embedding" suggests to someone who understands the technical details doesn't seem like the important thing, but rather what it would suggest to any arbitrary customer. It's false advertising otherwise.
Including in an ePub may be technically more like distributing, but it's conceptually more like embedding, and I think, without further clarification or detailed wording, that's what would be more important legally.
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