Interview with Erik Spiekermann: The main reason for the definition of typefaces as software is the fact that typefaces can hardly be protected since most people do not even see a difference between a Garamond or Bodoni, let alone Helvetica and Arial. The requirements for a text typeface to not put itself between the reader and the text, but at best to offer a slight aesthetic added value is a disadvantage for the estimation of the “artistic” contribution as added value that is required by copyright law. This is why the most bizarre ornate typefaces that no-one would want to copy anyway are protected. They are clearly recognisable as creations rather than simply the reordering of generally known parameters, as would be the case with more serious typefaces. An “A” needs to look like an “A,” so why should the “A” be protected if it looks exactly like all the others, at least to the layman’s eye?
also: various links
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