
Aquilina, who was talking typically and never on the specifics of the anti-piracy marketing campaign and its font use, stated that utilizing a font from a free supply, with an “successfully implied license to make use of it,” might be “a great protection,” although “not an entire protection.” Usually, a rightsholder would go after web sites distributing copies of their font, not after customers of the top product.
Fonts used commercially that occur to be actual copies of present and copyrighted fonts are “pretty frequent,” Aquilina stated, “merely due to the recognition of sure fonts and a need to make use of them, to create a sure aesthetic.” However, he stated, there’s “a really small share that might be, or are, litigated.” Even with software program licenses at subject, a kind foundry faces an uphill battle, as witnessed in the battle over Shake Shack’s typography (paywalled).
Nonetheless lacking: the supply of XBand Tough
So the place did Xband Tough come from?
The styling of the font title, “XBAND Tough” with the primary noun in all-caps, calls to thoughts the early on-line gaming community XBAND, launched in 1994 and discontinued in 1997. In some XBand packages, an identical “tough” type will be seen on the lettering. The PDF sleuth, Rib, famous that XBAND Tough “got here out 4 years after the unique” (about 1996) and was “near-identical, aside from the worth.”
One other Bluesky consumer suggests “a believable rationalization” for the font, suggesting that Xband might have licensed FF Confidential after which given it the inner title “Xband Tough.” A replica of the font with that title might have been extracted from some Xband materials after which “began floating across the Web uncredited.” Ultimately, although, the actual reply is unclear.
We contacted the Movement Image Affiliation (now simply the MPA, sans “of America”), however they declined to remark.
The unique “You Would not Steal a Automobile” marketing campaign was easy to the purpose of being simplistic. IP legislation is not actually like “stealing a automotive” in lots of circumstances—as has made clearly as soon as once more by the latest Xband Tough investigation.