top | item 43775926

You wouldn't steal a font

1401 points| todsacerdoti | 10 months ago |fedi.rib.gay

394 comments

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[+] phony-account|10 months ago|reply
Is this the wrong time to rant about font licensing though? I’ve always bought and paid for fonts, but as I’ve gradually transitioned to mobile app development, I one day realized that all the fonts I bought for print are now worthless to me.

These crazy outdated licenses that let you print as many magazines or books you want forever, for a one-time price. But if your hobby is making apps, then suddenly the same font will cost you 50 times more - for a single year.

I guess these font sellers imagine there’s still some app boom - a Klondike rush with developers bathing in dollars. Maybe if their licenses were more realistic, piracy would be less of a problem.

[+] tptacek|10 months ago|reply
There is maybe nothing in the entire world that I am less sympathetic towards than the cause of font piracy / font liberation. You have perfectly good --- in fact, historically excellent --- fonts loaded by default for free on any computer you buy today. Arguing for the oppression of font licenses is, to me, like arguing about how much it costs to buy something at Hermès. Just don't shop at Hermès.
[+] azalemeth|10 months ago|reply
That is an absolutely brilliant turn of events – strong evidence that the font in an anti-piracy campaign was itself arguably a copyright-infringing knock-off.

Someone should sue FACT for copyright infringement – and refuse to settle.

[+] charcircuit|10 months ago|reply
You can't copyright a font.
[+] NoMoreNicksLeft|10 months ago|reply
> was itself arguably a copyright-infringing knock-off.

In US law, there is no such thing. The shape of a glyph (or many) isn't even slightly copyrightable. This is settled law. Fonts (on computers) have a special status that makes them semi-copyrightable in that some jackass judge from the 1980s called them "computer programs" and so they have the same protection as software... but this won't protect against knockoffs.

[+] rglover|10 months ago|reply
I would happily pay for any font if I could get individual weights for say $5-$10 and entire families for $20-100 with any usage I want (print, web, etc). I feel like font foundries would print money this way. But for most projects, $300+ for a nice family (that can only be used in a hyper-specific context) is just insane when many free or cheaper alternatives exist.

Used to waste time and money with foundry stuff until Google Fonts caught up. Now I typically source something from there unless it's essential to the design.

[+] tallytarik|10 months ago|reply
I suspect they are printing more money with the 1-10 megacorps who can afford to pay millions of dollars for per-eyeballs licenses.
[+] scripturial|10 months ago|reply
I suspect it is probably right that they would find it more profitable to sell 100 copies for $10 than 1 copy for $1000. But I do wonder, it could be that the occasional $10,000 sale to a large company pays more in the long run for less hassle. It’s hard to know. Do any creative agencies release their sales information?

I’d say there should at least be a small niece for a company to profit off the back of less expensive more reasonably licensed font sales. I don’t know how many lawyers a small company would need to do this though. Would they be sued by Adobe (either for fonts that look similar, or with pointless lawsuits just to wear them out?)

[+] jchw|10 months ago|reply
I don't know if this actually counts as copyright infringement, since typeface shapes are not eligible for copyright in the U.S. (disclaimer: IANAL) so depending on how it was cloned, it might be legal.

The more amusing detail, to me, is whether or not XBAND Rough is related to the XBAND peripheral for video game consoles in the 90s. (Fascinating story, it was an add-on that enabled multiplayer over a phoneline on the SEGA Genesis/MegaDrive and Super Nintendo/Super Famicom.) Seems silly, however there is at least one source that seems to corroborate this idea, crediting the font to Catapult Entertainment, the company behind the XBAND:

https://fontz.ch/browse/designer/catapultentertainmen

Of course, this could've just been someone else guessing; I can't really find any solid sources for the origin of this font.

[+] speerer|10 months ago|reply
Thanks for emphasising the US perspective, because it matters.

IAAL outside the US, and I'm aware in UK and EU law copyright can subsist in typefaces, and there are specific provisions relating to them. Since FACT is a UK Org, taking UK law as an example, see ref. []

I personally find it a good example of aging law. It's quite difficult to reconcile the law as drafted (in 1987) with modern digital font uses. Is a PDF with embedded fonts "material produced by typesetting", or is it an "article specifically designed or adapted for producing material in a particular typeface"? Arguably it could be either.

I'm not aware of this ever having been considered by a court.

[] https://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/...

[+] ndiddy|10 months ago|reply
It is related. The font file contains the text "Copyright 1996 Catapult Entertainment, Inc. All rights reserved". I'm not sure where it comes from because the SNES/Genesis/Saturn versions of the service didn't use it. Maybe it comes from the short-lived PC XBAND service?
[+] jeroenhd|10 months ago|reply
I find it pretty funny that the American legal system explicitly doesn't copyright fonts (which are quite obviously creative works, in my opinion) but still enforces software patents.
[+] jll29|10 months ago|reply
What saddens me is that a lot of people are so ignorant that they don't even realize a font is something that takes creativity, tradecraft and a lot of work/time/effort to design.
[+] cyberpunk|10 months ago|reply
I remember trying to explain to some colleagues why I paid about 100 bucks for the font I use and why I wouldn’t share it with them and they just couldn’t get it.

(It’s Berkeley mono).

I don’t even know how many glyphs it is (it’s thousands) but for something I’m looking at for 6-8 hours a day, every single day and is the absolute peak of perfection (at least to me), 100 bucks seems like a fucking bargain to me.

shrug I guess these folks never sold something they made completely by themselves maybe.

[+] EvanAnderson|10 months ago|reply
I've made a couple of fonts. Very bad ones. I know firsthand they absolutely take creativity and tradecraft.

A well made font, from an artistic perspective, is a thing of beauty-- particularly when it incorporates subtle visual themes and nuances. It's definitely more than just "drawing the alphabet". There are also metric ass-tons of glyphs necessary to make a usable font.

Likewise, a properly hinted digital font file, especially with little touches like ligatures, is also a thing of utilitarian beauty. It's a ton of work to get that right.

That the shapes of fonts can't be protected by copyright isn't a new idea. Anybody who makes a font today should know that going in. I wouldn't make a font with the expectation of getting paid outside of doing it for a specific commission. Doing it "for the love" and expecting to get paid seems like a losing business proposition.

[+] Suppafly|10 months ago|reply
>What saddens me is that a lot of people are so ignorant that they don't even realize a font is something that takes creativity, tradecraft and a lot of work/time/effort to design.

Except most of the creative part was done 100 years ago and companies are now trying to protect the fact that they digitized something that has existed for a century or longer.

[+] AlexandrB|10 months ago|reply
It's not about ignorance. There are so many things you interact with every day that take "creativity, tradecraft and a lot of work/time/effort" that it's impossible to be aware of the details of each one. At some point you just have to abstract that stuff away and go on with your day.
[+] temporallobe|10 months ago|reply
No kidding. As part of a mapping project I worked on, I created a set of 200+ custom SVG icons. I used Inkscape and hand-drew most of the shapes or modified existing glyphs from icon fonts or other raw vector graphic sources. This took months of work and planning, and I even figured out how to use Inkscape’s batch scripting API to automate some things. It was one of the most tedious things I’ve worked on and I am very proud of it. And as far as I know, it’s still in use today by the customer.
[+] Lerc|10 months ago|reply
I think it is perhaps important to realise that while what you say is true, that is not what is protected by copyright. As others have said in these comments, if the font had been copied using the digital data then it may be a copyright infringement, but if the duplicate font had been constructed from scratch to be a visually identical font then it may not be a copyright infringement.
[+] phkahler|10 months ago|reply
>> What saddens me is that a lot of people are so ignorant that they don't even realize a font is something that takes creativity, tradecraft and a lot of work/time/effort to design.

I get that an average computer user who just views content might not. But as soon as you start creating stuff and even searching for and downloading a font you like I'd think some kind of mental bell would ring like "oh, these are a thing. Like some type of commodity."

[+] mchusma|10 months ago|reply
Copyright for most (if not all) fonts seems like something that just shouldn’t work. We want things in the public domain, like Shakespeare, and we want derivative works protected. Fonts are tiny differences on public domain work that 90% of people can’t tell. You wouldn’t want Disney to claim every pencil stroke difference on Mikey’s to be subject to different copyright terms, it would become a kind of perpetual copyright strategy. If there are true technical improvements to the way we represent letters, they should be covered by patents, with their shorter terms.
[+] lobsterthief|10 months ago|reply
How do you encourage people to continue making new typefaces if anyone could use them immediately? FWIW, it does take significant time to design individual typefaces. It’s not just a set of characters: it’s the character in lowercase and uppercase, how letters appear differently when adjacent to certain other letters, punctuation, etc.

A significant amount of time goes into the process.

[+] socalgal2|10 months ago|reply
TIL: font designs are not copyrightable in the USA. Font files are but the design itself is not. It seems you are free to copy the design, but not the file. Not sure how that plays out in practice. Is it common to copy a font design or is it just more common to be inspired by a font design but make a new font that's in the same general design space? Like say Arial seems inspired by Helvetica but is not the same.
[+] albedoa|10 months ago|reply
I am not registered with this private instance, but there is a comment that I want to reply to:

> This is so typical of people who are just doing a hatchet job for money but have no personal interest in the topic or skin in the game.

This is both true and incomplete. Advocates against piracy are time and again caught infringing on IP. I think about when Lily Allen stole the content of her anti-piracy screed "It's Not Alright" from Techdirt[0]:

> However, [...] the rest of the blog post – put there by Lilly herself – is someone else’s work. Arrr mateys, Long John Allen lifted the entire post from another site – Techdirt.com – effectively pirating the work of the one and only Mike Masnick.

> “I think it’s wonderful that Lilly Allen found so much value in our Techdirt post that she decided to copy — or should I say ‘pirate’? — the entire post,” Mike told TorrentFreak on hearing the shocking news.

The anti-piracy creators demand that we stay within their narrow definition of "piracy", which just so happens to exclude the work that they steal. Yes, the creative agency behind the "You Wouldn't Steal a Car" ad are disconnected from the cause. And their clients at the MPAA and FACT do not consider fonts to be worthy of the protections that are ostensibly the basis of their existence.

0: https://torrentfreak.com/file-sharing-heroine-lilly-allen-is...

[+] efitz|10 months ago|reply
I spent some time last weekend playing with LLMs and SVGs- it turns out SVG is a domain specific language and LLMs know how to use it. I was able to get an LLM (grok from X.ai) to author SVGs from a description of what I wanted it to look like, and to modify existing SVG text to customize files that weren’t perfectly to my liking.

Fonts are also written in domain specific languages, I need to experiment with whether LLMs can author or modify fonts.

I do not think that the ridiculous terms that font and clip art and stock photo companies now offer, is going to be a viable business model in a couple of years.

We will all be able to use (for example) “LLM Helvetica Free” without any license.

[+] gjohnhazel|10 months ago|reply
You inspired me to attempt this and sadly GPT, Claude, and Gemini all said they didn’t have the software tools to do it. But as you mentioned, it can generate SVGs and those can be used to create a font.
[+] pelagic_sky|10 months ago|reply
Very early in my design education (late 90's) I was taught that fonts are fonts and the more you have, the better you tool set would be. As a graphic designer I definitely made things with fonts I had downloaded. It wasn't till I got my first serious design job at an agency where I quickly learned about purchasing and licensing fonts. Even if I could "find" a missing font, I wasn't allowed to use it. We needed to get the fonts directly from the vendor we were working with and if they were being too slow, we ate the cost and purchased the font.
[+] tossandthrow|10 months ago|reply
The moral background for copyright is in free fall these days.

It is quickly turning into one of these things that there are laws for, and everyone thinks it is rediculous, it is never enforced and DE facto not a law.

And what a shame that is.

[+] samspot|10 months ago|reply
Copyright, and patents, are not based on moral principles. It's a temporary government license meant to encourage innovation and hustle. Whether it works or not, I don't know. But the only question of morality is if it's immoral to break an arbitrary law, or not.
[+] Suppafly|10 months ago|reply
>And what a shame that is.

I was with you until this. Copyright is a legal fiction, if it's no longer working the world will adapt. No need for shame to be involved.

[+] shadowgovt|10 months ago|reply
It's worth noting that the moral background (at least in terms of political philosophy in the US) was always rooted in practicalities. The Constitution even includes the qualifier "promote the Progress of Science and useful Arts." The moment a protection works against those goals, it's on shaky ground. And that ground is always in flux; there's a reason Thomas Jefferson noted regarding patents that "other nations have thought that these monopolies produce more embarrasment than advantage to society."

This is why copyright is shot-through with exceptions (for example, we give broad leeway to infringement for educational purposes, for what benefit does society gain if protection of the intellectual property of this generation stunts the growth of creative faculties of the next?). And that's usually fine, until, say, a broadly-exceptioned process to gather and catalog art and expression worldwide available online that was fed into neural net training in academic settings for decades becomes something of a different moral quality when the only thing that's changed is instead of a grey-bearded professor overseeing the machine it's a grey-templed billionaire financier.

(I submit to the Grand Council of People Reading This Thread the possibility that one resolution to this apparent paradox is to consider that the actual moral stance is "It's not fair that someone might starve after working hard on a product of the mind while others benefit from their hard work," and that perhaps copyright is simply not the best tool to address that moral concern).

[+] popcalc|10 months ago|reply
Blame the current wave of rentier capitalism. Pioneered by SaaS. The funds like the one behind this site played a role in the acceleration.
[+] Animats|10 months ago|reply
What happens if you present an image of a page in some font to an LLM, and ask it to make you a font file for that font? An LLM could probably not only do that, but create matching characters for ones not already present.

Oh, and tell it to fix the kerning.

[+] dredmorbius|10 months ago|reply
As a matter of US law:

- Font letterforms are not copyrightable. (Eltra Corp. v. Ringer, 579 F.2d 294 (4th Cir. 1978) <https://en.wikipedia.org/wiki/Eltra_Corp._v._Ringer>)

- Font programmes are. (Generally 1980 Computer Software Copyright Act.)

- Cleanroom reimplementation of software is not copyright infringement. An AI without access to original source code would likely pass this test.

- As a further twist, it appears likely that courts will hold that AI creations are themselves not copyrightable (original works of authorship), such that the product of any such project would itself be public domain. (See: <https://www.reuters.com/legal/ai-generated-art-cannot-receiv...>.)

The whole scenario appears to open the door to liberation of all fonts for which public letterforms are available. This would be an "AI hole" (analogous to the ... analogue hole) for escaping copyright. Whether this liberation would occur before foundries passed new protective legislation will be an interesting question.

[+] jokethrowaway|10 months ago|reply
The concept of "piracy" and copyright is completely ridiculous. Real piracy involves stealing, destroying and killing, not copying numbers.

I never entered in a contract with you, producer of goods or innovation, you have no right to forbid me from copying anything.

You may prevent your own customers from facilitating access of non paying customers to their goods (by making them sign a contract) and even persecute them in a civil court (for breach of contract).

The fact that governments allow copyright owners to censor information on the internet to protect their commercial interest is just absolutely insane and incredibly damaging to the freedom of circulation of culture and ideas.

[+] dporter|10 months ago|reply
I would, and I have.
[+] hyperbovine|10 months ago|reply
It's fresh takes like this that keep me coming back to HN, year after year.
[+] akho|10 months ago|reply
Like, the actual lead type?
[+] locallost|10 months ago|reply
Off-topic, but with this ad I always think of the IT Crowd spoof

https://www.youtube.com/watch?v=ALZZx1xmAzg

[+] r721|10 months ago|reply
>Powered by Iceshrimp

Sort of off-topic, but interesting engine, which I never heard about (wasn't ever mentioned on HN either: https://hn.algolia.com/?q=Iceshrimp):

>Iceshrimp is a decentralized and federated social networking service, implementing the ActivityPub standard.

https://iceshrimp.dev/iceshrimp/iceshrimp.net

[+] rossy|10 months ago|reply
Iceshrimp, or at least this JavaScript version of it, is a fork of Misskey, which has been mentioned on HN a few times. If you've heard of Mastodon, Misskey and its forks participate in the same decentralized social network - Mastodon users can like and comment on the tweet-like posts that a Misskey user makes and vice-versa.

The Iceshrimp devs are also working on a "port" to .NET that's basically a brand new social media app, but with an upgrade path from the JavaScript version.

I also use Iceshrimp to self-host my own fediverse account and I think it's pretty good software. I think it has a better UI that Mastodon and it has some cutesy features that Mastodon lacks, like being able to emoji-react to posts.

[+] ummonk|10 months ago|reply
It’s clearly not the same font (you can see visible differences between the letters), and therefore not pirated. The appearance of a typeface can’t be copyrighted in the US - only the digital instructions used to render them (e.g. if someone visually inspects a font and clones it that is perfectly alright, as long as they don’t directly copy from and adapt the underlying font file).