True Type Fonts.
Andrew C. Greenberg
werdna at gate.net
Thu Dec 9 13:42:27 UTC 1999
>And I don't think releasing your own code could ever get you into trouble,
>could it? As long as everyone dl'ed the FreeType code themselves. Of course,
>there might be a problem if you needed to modify the FT code, but I was
>thinking you would only need to write an interface to it.
Generally speaking, a copyright in software cannot be infringed
unless the defendant has actually (directly or indirectly) copied
from, derived from or distributed the work of the copyright owner.
Although difficult to prove, demonstrating independent creation is a
defense to copyright.
However, this is not true of patents. Generally speaking, you
infringe a patent whenever you practice the claimed invention (that
is, make, use, sell or offer for sale an embodiment of the
invention), regardless of where you got the idea or who implemented
it. Also, acts of inducing or contributing to infringement by
another party can themselves be acts of infringement, depending upon
certain other facts.
Accordingly, using patented subject matter without a license, with
exceptions, certainly *CAN* get you into trouble. Likewise with
inducement or contribution to the infringement by another.
Nothing herein should be considered legal advice on which you should
rely. Legal advice requires analysis of applicable law in view of
specific facts. The general abstract scenario described in this
e-mail might, or might not result in an actual infringement,
depending upon specific facts. Without the particular details of a
given case, there is no way to make an actual legal determination.
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