[comp.lang.postscript] Copyright of Coded Font Programs

larry@csccat.UUCP (Larry Spence) (02/01/90)

In article <1701@adobe.UUCP> hollin@adobe.UUCP (Benjamin Hollin) writes:
>
>- Note that the protection of intellectual property does not mean
>  suppression of competition (thanks Elliott).  Copyrighting Adobe's Garamond
>  font is no different from copyrighting, for example, Illustrator88.  This
>  does not prevent someone from writing a font program to render their own
>  version of Garamond, or any other letterform.

Quoting InfoWorld quoting John Warnock, 1/29/90:

"If a company were to come out with a typeface program that had the same
design *and rendering* as the Adobe typeface, then we would have grounds
to sue them for copyright infringement on the basis that their methods
for rendering the typeface -- and not the design -- were similar [to 
Adobe's]."

Ack!  I'm confused again!  It seems to me that there would be an infinite 
number of methods for creating the same bitmap.  Is duplication of the
"behavior" (bitmap appearance at different sizes, rotations, etc.) of a 
typeface taken to imply duplication of rendering mechanism?  How exact
does the duplication of behavior have to be before it implies similar
rendering mechanisms, IF such a thing can be implied from a bitmap?
And what if the design of a face is slightly different (which is often 
the case among variations from different vendors), but the hinting 
behavior is the same, or nearly so?  What if Vendor X comes out with 
faces that Adobe or Bitstream don't offer, but with hinting behavior
that is similar to what might be obtained with Adobe's rendering, IF
they offered such a face?  Is it legit until Adobe or Bitstream do come
out with that face, and then illegal?

The impression that I'm getting is that the copyright protects Adobe's
hinting code, which is now or will soon be widely available.  If this is
the case, then certainly radically different CODE could produce the same
hinting behavior.  Is it therefore really an ALGORITHM that has been
copyrighted, or is it merely duplication of the Adobe source code?  I
would think (naively, perhaps) that Adobe should have applied for a
PATENT on their hinting mechanisms.  Is this copyright a devious way of
doing this?  What if a developer wanted to write a drawing program that
could produce general procedural graphics, which might include what is
called "hinting" as a subset?  Is use of the Adobe hinting mechanism
in general prohibited?  I would think not, since the copyright was for
a specific typeface program.

One question that has been answered is that the DESIGN of a typeface
is still NOT protected, so type designers are still screwed.  As I 
suspected, the digital type houses are the ones who benefit.  One could
argue that protecting Adobe helps protect designers, but as resolutions
get higher, things like hinting will become less necessary.  Even now,
you certainly don't need hints at 1000 dpi and up.  In other words, does
design == rendering at high resolutions?  I would think so.  So on your
Lino, typefaces are in effect unprotected from duplication.


-- 
Larry Spence
larry@csccat
...{texbell,texsun,attctc}!csccat!larry

murphyn@cell.mot.COM (Neal P. Murphy) (02/01/90)

larry@csccat.UUCP (Larry Spence) writes:

>In article <1701@adobe.UUCP> hollin@adobe.UUCP (Benjamin Hollin) writes:
...
>Quoting InfoWorld quoting John Warnock, 1/29/90:

>"If a company were to come out with a typeface program that had the same
>design *and rendering* as the Adobe typeface, then we would have grounds
>to sue them for copyright infringement on the basis that their methods
>for rendering the typeface -- and not the design -- were similar [to 
>Adobe's]."

>Ack!  I'm confused again!  It seems to me that there would be an infinite 
>number of methods for creating the same bitmap.  Is duplication of the
>"behavior" (bitmap appearance at different sizes, rotations, etc.) of a 
>typeface taken to imply duplication of rendering mechanism?  How exact
...

I think a lot of this all boils down to one word: *capitalism*. If Adobe
really wants to protect its intellectual property, then it must employ
pricing and supply tactics that ensure that their customers (potential
and otherwise) will find it more economical to purchase their (Adobe's)
product. If Adobe sets the price too high, it will encourage others to
create their own fonts, in the belief that they can create them cheaper
than it would cost to buy them. Then, Adobe would have to be sure that if
the font program is a copy of one of theirs, Adobe would have to use the
legal system to force the competitor to cease and desist (with that font).

If you price yourself out of the market, then that's precisely where you'll
be. If you price competitively, you still need to watch out for zealous
competitors who would steal your product and sell it as their own. One means
of protecting yourself is by being the first to get the government to
recognise that yours is a unique product and deserves the protection of
the society you live and work in.

NPN

batcheldern@hannah.enet.dec.com (Ned Batchelder) (02/02/90)

> I'm not a lawyer, but this information may help clear this up a bit:

> 
> - Fonts CAN BE trademarked.  In fact Linotype and ITC own the trademarks for
>   many of the fonts that Adobe has converted to Type 1 format and marketed.  
>   Adobe licenses these from the trademark holders, so the comment that 
>   typeface designers are not being protected (while Adobe and digital type
>   foundries are) is incorrect.

Wrong. Fonts CANNOT be trademarked. Font NAMES can be trademarked.
Linotype and ITC, and all the others own trademarks on the names of
their fonts, which protects them from competitors selling fonts under
the same name. That's the reason you see Helvetica look-alikes called
Swiss. The design is probably very faithful (to use a positive word) to
the original Helvetica, but they aren't allowed to call it Helvetica,
because Helvetica is a registered trademark of Allied Corporation.

Perhaps the confusion comes from the punctuation commonly used. It
should be written as 

	"Helvetica" is a registered trademark of Allied Corporation


Ned Batchelder, Digital Equipment Corp., BatchelderN@Hannah.enet.DEC.com

jeynes@adobe.COM (Ross A. Jeynes) (02/02/90)

I'm not very good with legal jargon, but there has been a lot of discussion
about this lately.  This is my understanding of the copyright decision:

In article <3517@csccat.UUCP> larry@csccat writes:
>The impression that I'm getting is that the copyright protects Adobe's
>hinting code, which is now or will soon be widely available.  If this is

The copyright protects the Adobe ITC Garamond Font Computer Program, 
written in the PostScript language, not the hints.

>the case, then certainly radically different CODE could produce the same
>hinting behavior.  Is it therefore really an ALGORITHM that has been
>copyrighted, or is it merely duplication of the Adobe source code?  I
>would think (naively, perhaps) that Adobe should have applied for a
>PATENT on their hinting mechanisms.

There isn't hinting "code" per se in the fonts; there is hinting data. 
I think we probably have applied for a patent on our hinting technology,
though I'm not sure of this.

>Is this copyright a devious way of doing this?  

No, it's really a pretty straightforward move to prevent piracy of our fonts.
Since you can't copyright the typeface itself, we copyrighted the program
that draws the font.  This means that we have legal recourse against those
who are blatantly stealing our intellectual property.  The intent of the
copyright is to protect what we have developed, not to flood the courts 
with lawsuits.  

>What if a developer wanted to write a drawing program that
>could produce general procedural graphics, which might include what is
>called "hinting" as a subset?  Is use of the Adobe hinting mechanism
>in general prohibited? 

Use of the Adobe hinting mechanism won't be prohibited.  When the Type 1 
spec is available, developers will be able to produce fonts that use
the Adobe hinting machinery.  As far as I can tell, having more designers
produce PostScript fonts will only make PostScript printers more desirable.
I think this is something that we want to encourage.

>One question that has been answered is that the DESIGN of a typeface
>is still NOT protected, so type designers are still screwed.  As I 

That's true, the Copyright Office considers font outlines to be data,
and therefore not copyrightable.  However, the name of the typeface can be 
copyrighted.  Using the "real" or "licensed" typeface has some prestige 
associated with it.  Using the original designer's font presumably 
preserves the original design intentions.  Not everyone cares about the 
"feel" of a font, so clone fonts (cheaper fonts?) will probably become
more common for those who aren't willing to pay for the name/quality of
the original design.


Ross Jeynes              
Developer Support                                       jeynes@adobe.com
Adobe Systems Incorporated                     {sun|decwrl}!adobe!jeynes

woody@rpp386.cactus.org (Woodrow Baker) (02/04/90)

In article <1735@adobe.UUCP>, jeynes@adobe.COM (Ross A. Jeynes) writes:
> 
> I think we probably have applied for a patent on our hinting technology,
> though I'm not sure of this.

Hmmmm, when you disclose the hinting mechanism, this might really bolix
things up


One other thing, Name does NOT equal quality....
Cheers
Woody
 

chesnutt@adobe.com (Stan Chesnutt) (02/05/90)

In article <17859@rpp386.cactus.org> woody@rpp386.cactus.org (Woodrow Baker) writes:
>In article <1735@adobe.UUCP>, jeynes@adobe.COM (Ross A. Jeynes) writes:
>> 
>> I think we probably have applied for a patent on our hinting technology,
>> though I'm not sure of this.
>
>Hmmmm, when you disclose the hinting mechanism, this might really bolix
>things up
>

Not really.  To patent a process or device, you must fully describe the
technique or mechanism.  This description is used by patent attorneys to
see if somebody hasn't already filed a patent using the same technique.
The description is also filed by the Patent Office, and is available to
interested parties.  This filing is available to courts, for example, to
try cases of patent infringement.

Thus, Adobe couldn't have patented it's font hinting technology, as it would
then be open to public scrutiny via the Patent Office.  Rather, it has probably
been considered "trade secret" information, which, as I understand, means that
the information can be protected via non-disclosure agreements.

It may have been possible for Adobe to patent the techniques in the past.  I am
not sure what sort of byzantine criteria qualify something as patentable.
However, if a patent were awarded, the information can no longer be secret.

As part of releasing the hinting techniques, Adobe may or may not have tried
to patent specific methods.  I have no idea what efforts are been made.

Incidentally, the local (Silicon Valley) patent office, I hear, is mostly
frequented by representatives of Japanese companies...

Note:  While I do work for Adobe, I have only social contact with the people
who decide our legal position on patentable and disclosable materials.  Thus,
the preceding message is based entirely upon conjecture and my own sketchy
knowledge of patent law.  If anybody has a firmer grasp of the concepts involved,
please chime in.

-----------------------------------------------------------------------------
Stan Chesnutt,  Adobe Systems  chesnutt@adobe.com {sun|decwrl}!adobe!chesnutt
the intersection of this posting and company policies is likely nil

friedl@mtndew.UUCP (Steve Friedl) (02/11/90)

In article <17859@rpp386.cactus.org> woody@rpp386.cactus.org (Woodrow Baker) writes:
>Hmmmm, when you disclose the hinting mechanism, this might really bolix
>things up [patented hints]
>

In article <1746@adobe.UUCP>, chesnutt@adobe.com (Stan Chesnutt) writes:
> Not really.  To patent a process or device, you must fully describe the
> technique or mechanism.

True, but in many counties the details of a patent >must< remain
secret until the patent is actually granted, and release of the
info prematurely is grounds to disallow the patent.  I suspect
that many companies patenting "important" things want to get all
the patents granted before they release any of the details.  Once
the patent is granted, then the details are of course released so
we can know what to avoid.

Related to this, "patented secret" -- a common phrase used by snake oil
salesmen -- is meaningless.

     Steve

-- 
Stephen J. Friedl, KA8CMY / Software Consultant / Tustin, CA / 3B2-kind-of-guy
+1 714 544 6561 voice   /   friedl@vsi.com   /   {uunet,attmail}!mtndew!friedl

"Winning the Balridge Quality Award is as easy as falling off a horse." - me