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Old 09-17-2009, 11:00 AM   #18
ahi
Wizard
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Quote:
Originally Posted by frabjous View Post
We're not talking about ignorance of the law, as with a criminal case. We're talking about how a certain clause in a license, a kind of civil contract I suppose, would naturally be read. I'd be shocked if a judge didn't take pointing to this clause (and the lack of further explanation) as granting permission for any form of "embedding", so long as using that font in that document alone is the intention of the action. Ignorance of the law may not be excuse, but being misled by a poorly written contract certainly might be grounds for dismissing a civil case.

Of course, unless we have a case of the most litigious bastards in the world, a company like this should certainly simply ask someone to remove their font from a file before threatening legal action -- after all, we're talking about non-commercial, non-for-profit epubs here... almost none of which are going to be made by professionals. The clause already prohibits commercial use.
Despite your making a reasonable argument... I remain of the opinion that if there is anything wrong at all in this whole thing, it's the calling of any way of font inclusion in ePub "embedding". It's about as accurate as the unceasing professions of it being "the industry standard".

- Ahi
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