[mod.computers.laser-printers] font protection

CAB@SU-AI.ARPA.UUCP (07/20/86)

Col. G.L. Sicherman is right: there are problems associated with
the copyright of fonts. But don't quit reading yet, there is
more to say about this.***  The West German typeface protection law
attempts to deal with issues like the ones he raises. The ATypI
committee on typeface protection also has discussed guidelines
for interpreting newness and originality in type design.
A dense, closely reasoned book has been written about this one
law. I will cite it in a future message. 

*** There are also problems with copyrighting works in natural language,
not dissimilar to the one that Col. Sicherman raises for typefaces.
For example, one can take a copyrighted passage, and by applying well-known
grammatical rules that are in the public domain, since they are
part of the competence of speakers of the language, make substitutions
and transformation that change the work and make it different and new, 
but leave much of it recognizeable. 

THE WASTED LAND
1. Burying of the Dead

March is the cruelest of the months, breeding
daffodils out of the dead land, mixing up memory
and longing, arousing
torpid roots with sweet showers.
The Winter kept us warm; it covered
the earth with insulating snow, and
gave a little nourishment to dried bulbs.
. . . .

Although I botched up this particular plagiarism of T.S. Eliot's
The Waste Land by heuristic methods, it would be possible to do
it by program. One could even randomize the number of changes,
within certain bounds, and thus be able to claim that the imitation
was different by a certain amount, but unpredictably so.
In this case, approximately 50% of the words are different in some way, 
but those who know Eliot's poetry will recognize this version as a 
knock-off, if not an actual rip-off. Of course, it's not as good
as Eliot's original (for example, I was afraid to leave the month
name of April untouched, since it's a dead give-away, so I changed
it to March, which is close, but then I lost the delicate allusion
to Chaucer's Prologue to the Canterbury tales, so I had to slip that
in by changing "spring rain" to "sweet showers" -- hope it wasn't
too heavy handed for all you Chaucer fans out there) and I completely
punted the Greek, Latin, and Italian passages in the Waste Land prolog,
because foreign languages are more difficult, and besides, if you really
want all that erudition, what are you reading a knock-off for? 

I could also blend some famous poetry together, almost as simply as
shuffling cards, for example, Keats and (pseudo-)Eliot:

Much have I travelled in the realms of gold, but 
April is the cruelest of the months, breeding
Many goodly states and kingdoms to be seen, and
lilacs out of the dead land, mingling
the way round many western islands where I've been,
with memory and desire, and stirring
Bards in fealty to Apollo held, and
dull roots with spring rains. 
. . . 

Of course, it's hard to do this with great poetry like they used to
write back in the old days of literacy, but it's easy to do it with
simpler works, like children's books --

RICK and JOAN

Look, Rick, see Splotch run!
Oh, oh! Run, Splotch, run!
See Baby Silly!

and so on. These ideas are so simple-minded that no one could ever
claim copyright on them, since any one of 400 million speakers of
English could very likely utter something like this. There just
aren't that many possibilities for sentences of 3 to 5 words. 

There are inherent problems with all copyright. That's why copyright
violation claims are handled in courts, where people hear arguments
and attempt to make reasonable interpretations and decisions. Copyright
isn't a writ from heaven, with a thunderbolt for sinners:

"Gad, it was just a horrible surprise. He was just sitting there with
his bit-map editor on his workstation, messing around with some fonts
that he had uploaded from his LaserScribbler's Crypto-ROM, 
when a 10 pixel font seemed to get too much like Alloyed Lintotype 
Helvertical Bold Condensed (R), and all of a sudden there was a  
high-voltage arc-over from the power-supply, and he was blasted into a 
cinder. Of course, font piracy is a serious crime, but this is a little
too Draconian for comfort. Copy-protection shouldn't be carried to
such an extreme."