dmca/2014-08-27-Monotype-Imaging.md в d60cda714d9c11dc36dfa95644c4ae13317e0237

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Law Offices
Stack & O’Connor
Chartered

Suite 411
140 South Dearborn Street
Chicago, Illinois 60603-5232

Telephone: [private]
Facsimile: [private]
www.stacklaw.com

[private]

Re: Proprietary Font Software at http://www.github.com/

To Whom It May Concern:

This office represents The Monotype Corporation, Monotype Imaging Inc., Monotype GmbH, Monotype ITC Inc., MyFonts Inc., and Microsoft Corporation in this matter. My clients own the licensing rights and trademarks in the computer programs that generate digital typeface designs, commonly referred to as fonts, which are licensed to be deployed and embedded in an expansive range of electronic devices, software applications and operating systems.

Fonts are protected in several ways. First, individual font programs are identified by trademarks, many of which are registered with the United States Patent and Trademark Office and foreign trademark offices. Second, font software programs are “computer programs” and as such are protected from unlicensed copying by the United States Copyright Act of 1976, as amended. Third, more recent typeface designs are protected under design rights legislation in the Europe Union and numerous countries. Finally, the extent and type of use of fonts is controlled by the terms of license agreements granted by font companies.

I am bringing this to your attention because it has recently come to my attention that several code repositories, located at http://www.github.com/, make available numerous font software programs belonging to my clients. The complaints contained in this letter can only partially be solved by a DMCA notice to Github Inc. We will therefore first provide the information for the DMCA-appropriate portion but shall further explain our position on related matters.

Aachen BT TX0003611792 MyFonts, Inc

Andale Mono Roman TT. TX0005013190 The Monotype Corporation

Arial Bold Italic TT. TX0005156125 The Monotype Corporation

Arial bold TT. TX0005156126 The Monotype Corporation

Arial italic TT. TX0005156124 The Monotype Corporation

Arial Roman TT. TX0005156121 The Monotype Corporation

Arial Rounded Bold TX0005803507 The Monotype Corporation

Century Gothic bold. TX0005803509 The Monotype Corporation

Century Gothic TT. TX0005381908 The Monotype Corporation

Curlz TT. TX0005259390 The Monotype Corporation

Felix titling. TX0005803519 The Monotype Corporation

ITC Edwardian script TT. TX0006079184 Monotype ITC

MT Corsiva Roman TT. TX0005156122 The Monotype Corporation

Exhibit A, following this letter, contains a list of my clients’ copyrighted software, or unauthorized derivative works of my clients’ copyrighted software, and the URL where these files can be located on http://www.github.com/.

I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, or its agent, or the law.

I swear, under penalty of perjury, that the information is this notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is infringed.

License Breach. The use of our clients’ font software is governed by an end user license agreement (“EULA”) which forbids, among other things, the redistribution of the font software. Specifically, Section 7 of the EULA states “You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein;” Section 8 of the EULA states “You may make one back-up copy of Font Software for archival purposes only, and you shall retain exclusive custody and control over such copy.” A full copy of the EULA may be found online at http://www.fonts.com/info/legal/eula/monotype-imaging. Posting of our clients’ software on Github allows the files to be freely accessed and downloaded in violation of the terms of the EULA. My clients’ font software programs are typically identified by trademarks, many of which are registered with the United States Patent and Trademark Office. The following font software programs (identified by their respective trademarks) are governed by the above EULA terms forbidding unlimited redistribution:

Trademark Foundry U.S.P.T.O. Registration

Avenir Monotype GmbH 3138253

Calibri Microsoft 3096409

Cambria Microsoft 3110037

Centaur The Monotype Corporation 1592796

Comic Sans Microsoft 3050082

Consolas Microsoft 3104729

Freehand 521 MyFonts, Inc

Frutiger Monotype GmbH 3055129

Futura BT MyFonts, Inc

Georgia Microsoft 2334101

Gill Sans The Monotype Corporation 1340167

Helvetica Monotype GmbH 3058966

Impact The Monotype Corporation 3727376

Avant Garde Monotype ITC 4232896

Jokerman Monotype ITC 3224124

New Baskerville Monotype ITC 4311648

Optima Monotype GmbH 3073183

Papyrus Monotype ITC 2578306

Rockwell The Monotype Corporation 2041913

Segoe Microsoft 2825234

Swiss 721 MyFonts, Inc

Tahoma Microsoft 2088184

Times Monotype GmbH 2934450

Times New Roman The Monotype Corporation 1340165

Trade Gothic Monotype GmbH 3100703

Trebuchet Microsoft 3050081

Univers Monotype GmbH 3079131

Verdana Microsoft 2112313

Exhibit B, following this letter, contains a list of my clients’ proprietary software and the URL where these files can be located on http://www.github.com/.

For the foregoing reasons, we ask Github to disable the content found in Exhibits A and B. For your convenience, we have also provided Exhibit C, which is a list of the Github URLs indicated in Exhibits A and B; Exhibit C serves only to provide a quick reference to the URLs already referenced elsewhere in this letter, and it does not itself contain any new content. Please notify this office whether Github intends to disable such content by September 5, 2014. Thank you for your cooperation in this matter.

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