On 7 Jun 2013, at 11:34, Nicolas Mailhot <nicolas.mail...@laposte.net> wrote:

> The embedding clause applies to the document, not to the embedded font
> bits. The OFL clauses do not apply *to the rest of the document*. They
> still apply to the embedded font bits.
> 
> If the OFL FAQ now hints it is not the case, there is a serious
> misunderstanding and lots of organisations are going to re-evaluate their
> OFL by-in. Because that makes the free aspects of the license trivially
> bypassable.

I don't think the FAQ hints at this at all.  If that is unclear please suggest 
how we can make that clear. See sections 1.11 through 1.15. Here is section 
1.15. Note particularly the last sentence.

---

Question: 1.15 What about distributing fonts with a document? Within a 
compressed folder structure? Is it distribution, bundling or embedding?

Answer: Certain document formats may allow the inclusion of an unmodified font 
within their file structure which consists of a compressed folder containing 
the various resources forming the document (such as pictures and thumbnails). 
Including fonts within such a structure is understood as being different from 
embedding but rather similar to bundling (or mere aggregation) which the 
license explicitly allows. In this case the font is conveyed unchanged whereas 
embedding a font usually transforms it from the original format. The OFL does 
not allow anyone to extract the font from such a structure to then redistribute 
it under another license. The explicit permission to redistribute and embed 
does not cancel the requirement for the Font Software to remain under the 
license chosen by its author(s).

---

According to the OFL-FAQ, the definition of embedding is wrapped up in whether 
the font is ever intended to be used outside the document. At no point does the 
OFL apply to the rest of the document, nor does the OFL's control over the 
embedded font bits ever get nullified. The OFL always applies anytime the font 
bits are separated out of the document to be used as a standalone font again.

So if the person who is doing the embedding intends for others to be able to 
trivially separate out the font, or uses an embedding process that makes that 
simple, then they should be sure that the basic license metadata is also 
included. 

However the system works, if the font is somehow expected to be used outside 
the document it is originally distributed with, then that is really 
distribution, not embedding.

An example: Someone includes a reasonably complete font encoded as a base64 
resource within a single HTML file. The resource is stored in the web browser 
cache. The server tracks that, and then does not include that resource in other 
pages within that session. That may sound like embedding, but since the font is 
intended to be split out and used by other docs, then that's really 
distribution.

V

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