On Aug 9, 2014, at 10:11 PM, Raglan T. Tiger <r...@crusaderrabbit.net> wrote:
> I will find out about the licensing issue, but we are not changing or making
> a derivative.
Just to be clear: Preparing a derivative font is _one_ way to breach the
license, but not the only, or even the primary, way. The core issue is that you
should not render the font _at all_ beyond the terms of the license.
> With the outline we can apply our embroidery digitizing engine to get a font
> that can be sewn. I know of competitors who do this with no licensing issues.
That’s a rendering. And I’d be surprised if your digitizer didn’t adjust the
outlines to fit the unique medium of embroidery, making its output a derivative
work.
You know your line of business better than anyone here, but when I hear “I’ve
never heard of anyone else having a problem,” that’s one of four things:
“If there _has_ been trouble, it was settled under NDA, and word never reached
me.” or
“No one else has gotten in trouble. Yet.” or
“They asked the rights holders, and were told there was no problem with their
doing it.” or
“_We_ asked the rights holders, and were told there was no problem with _our_
doing it.”
The last is the only one your management should be comfortable with. This isn’t
judgment, or even advice; just that the professionals you work for should
perform their due diligence. The DMCA can be stupid and draconian, but it’s a
fact of life, and having to destroy your inventory is a bigger deal than taking
a website down.
— F
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