Quote:
Originally Posted by frabjous
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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... I don't know. What they do say is clear enough for professionals who are generally the ones to have to worry about such things, and it's clear enough also what would qualify as corner cases (the ePub "embedding"... maybe).
You are right. The wording is prone to be misunderstood by the "average person"--but ignorance of the law is no excuse, it's well known that certain words have more narrow meanings in technical/professional fields, and so on and so forth. I'd be shocked if this was perceived by any judge to be a case of false advertising.
- Ahi