What a bizarre ruling -- like saying that a parabola is not copyrightable, but three points defining a parabola are (because one could express the same parabola using many combinations of three points).
Surely, then, one could write a program to generate a copyright-free copy of a font by selecting different control points that yield the same curves. Or would the computer be the copyright-holder, as it selected those points?
> Surely, then, one could write a program to generate a copyright-free copy of a font by selecting different control points that yield the same curves. Or would the computer be the copyright-holder, as it selected those points?
The new three points would be derived from the old ones; hence it's still a derived work, and still falls under the old copyright. Your bits have the wrong color.[1]
Only if it's directly derived from the TTF file itself.
But if you rasterized the font (and as a specific representation of the front, it no longer has a copyright), and then had a computer generate curves from that, you'd be fine.
But from my understanding the hard part is creating the file that does a good job at every different font size. Creating a font for just 1 size is relatively easy.
So your computer would be doing the easy part, not the valuable part.
I have a hard time imagining a judge taking a sympathetic ear to this defense. Do you happen to know if there's relevant existing case law on this subject that you could point me to?
I don't have case law, but there are tons of fonts that explicitly say they are based on a copyrighted one:
* libre baskerville
* Liberation Mono is a sans-serif font metrically equivalent to Courier New
* Liberation Serif is metrically equivalent to Times New Roman.
"Metrically equivalent" just means they take up the same amount of space when typeset (i.e. if you take a document in Times New Roman and change the font to Liberation Serif, nothing should move around). As you can see in the case of Courier New v. Liberation Mono, the two fonts can be very different visually while still being metrically equivalent.
If you were to regenerate those "parabola points" by looking at non-copyrighted material, you are in the clear, even if you end up at the same values.
So to public domain a font, all you do is display it on one screen, then recreate it on another. Because the appearance of font itself is not copyrighted.
Surely, then, one could write a program to generate a copyright-free copy of a font by selecting different control points that yield the same curves. Or would the computer be the copyright-holder, as it selected those points?