Fonts and Copywrongs

I received an email thismorning informing me of a mistake:

Linotype Fonts, File 0013950: Stephen Tanner

——————————–

! Please remove this link!

Dear Sir or Madam,

Dear Mr. Tanner,

I am writing on behalf of Linotype Corp. /Linotype GmbH, Du-Pont-Straße 1, 61352 Bad Homburg, Germany. We recently have been informed by our customers that you are offering on following site:

http://stephentanner.info/public-share/fonts/

Linotypes typefaces without our authorization among these the following:

Palatino

Please note that Linotype GmbH/Linotype Corp. is the trademark/patent holder of these typefaces. The use of any of Linotypes trademarks and patents, without our written consent, is prohibited. Therefore, we kindly ask you to inform us why you think you are authorized to offer this typeface, alternatively where you regularly license this font.

We demand that you inform us about the number of already downloaded font-packages.

We will then calculate our damages and will give you the chance to re-license the fonts by paying the regular license-fees. Otherwise, we will ask our US-lawyers to get in touch with you and calculate a compensation that is at least double of a regular license plus legal costs.

At this stage, we refrain from demanding you signing a cease and desist declaration as we trust you will understand the concern of Linotype about this matter. Please feel free to write or call us as soon as possible if you need more information.

Thank you for your understanding and co-operation in this matter.

Mike Schwarzbach
Legal Department
Linotype GmbH
Du-Pont-Strasse 1
D-61352 Bad Homburg
Germany

Phone: +49 (0) 6172 484-418
Fax:   +49 (0) 6172 484-429
mailto: legal@linotype.com

http://www.linotype.com

This concerned me since it was not my intention to be sued so I wrote them back:

Michael,

These are all fonts from the fonts folder on a “vanilla” (as in an OEM install with no drivers or extra software) on MS Windows XP SP2 system. Hope that explains how the files were obtained originally.

As to why these files are here, I put them on the web because I used them for various GNU/Linux installations (to help file format computability in OpenOffice.org) as well as when I install wine (a Windows emulator) in order for certain applications to work.

Now I belive you may be talking about the files pala.ttf palab.ttf palabi.ttf palai.ttf and upon further investigation, it seems that that is the case.

As for total number of downloads that would be 0. I also carry a copy of this folder on my thumb drive and have not needed to download these yet.

The DMCA does allow me to make digital copies of my own files files for personal use.

I have now FIXED password protected the directory, access of this folder is considered hacking regardless of who(if they do not have my permission). In fact most of these directories are supposed to be password protected however I was lazy and didn’t test it after set up and have still not fixed them since I have not needed to.

Liken it to breaking an entry, just because the lock on the front door is broken, you can see in side, walking in is committing a crime.

As you may or may not be aware, it is possible to commit copy right infringement on your own files.

Also had you read the TOS(Terms of Service) on my site (http://stephentanner.net/node/18) you would see that even with out the passworded directory, unauthorized access is prohibited, making all access illegal (without my explicit consent).

If there is anything else I can do for you let me know along with any questions you might have.

So that you don’t feel like your in the dark, all communications will be publicly available. via http://stephentanner.net

Thank you for your time.

Links for more information:

http://www.openoffice.org/
http://en.wikipedia.org/wiki/Linux

http://en.wikipedia.org/wiki/Wine_(software)

file:///C:/windows/fonts

I wonder how they will take it?

**Update!**

I recived a reply the next morning:

Dear Mr. Tanner,

Thank you for your immediate reply.

Please be reassured that we act according to the DMCA.
DMCA allows you to make copies for your own personal use, but does not allow to reproduce copyrighted material for all mankind within the WWW. Therefore, it is your responsibility to take precautions against unauthorized access of your server.

We have proof that the downloads have been possible by clicking on direct-links provided by public search-engines like Google, Yahoo etc. I doubt that a common user would then have the chance to become aware of any kind of  TOS and/or a defect secure login-area rather than download the demanded material through a link that directly leadsyou to the questionable files.

Nevertheless, as your server is protected now and no illegal downloads have been occured, we will regard this issue as resolved.

If you need more information on our license-agreement please visit following link:

http://www.linotype.com/en/2061-20496/nutzungsbedingungenfrschriftensoft…

or contact me again.

Kind regards / Mit freundlichen Grüßen,

Mike Schwarzbach
Legal Department
Linotype GmbH
Du-Pont-Strasse 1
D-61352 Bad Homburg
Germany

Phone: +49 (0) 6172 484-418
Fax:   +49 (0) 6172 484-429
mailto: mschwarzbach@linotype.com

http://www.linotype.com

So I write back:

Thank you for replying promptly. I’m glad we were able to resolve this issue.

Hope you have a great day.

Stephen Lee Tanner
Http://stephentanner.net
Computer Engineering
Sent from my iPhone

It seems thats once again, knowing just enough to get you out of trouble is a good thing!