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Re: Review needed: Gentium font re-released under the SIL Open Font License



On Mon, 2005-11-28 at 14:32 +0000, Simos Xenitellis wrote: 
> Dear All,
> The Gentium font (http://scripts.sil.org/gentium) has been re-released 
> under the SIL Open Font License (http://scripts.sil.org/OFL).
> This is excellent news as there are few free/open-source fonts that 
> cover the Latin, Cyrillic and Greek Unicode blocks, and special 
> characters/symbols.
> 
> I would like to update the ttf-gentium page, at
> http://packages.debian.org/unstable/x11/ttf-gentium
> so that the font is no longer under "non-free".
> 
> Is the SIL Open Font License (final version) free?

[SIL International, please note that this response was posted to the
Debian Legal mailing list: <http://lists.debian.org/debian-legal/>]

This is exciting news. Gentium is a beautiful font!

<http://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&item_id=Gentium_download>
(Text included at footnote [1])

The current Open Font License appears to have excessive restrictions
upon the names of modified works. The Gentium font licence in particular
reserves these terms:

   "Gentium" is a Reserved Font Name for this Font Software. "SIL" is
   a Reserved Font Name for this Font Software.

>From clause 3:

   3) No Modified Version of the Font Software may use the Reserved Font
   Name(s), in part or in whole, unless explicit written permission is
   granted by the Copyright Holder. This restriction applies to all
   references stored in the Font Software, such as the font menu name
   and other font description fields, which are used to differentiate
   the font from others.

This appears to preclude many reasonable names such as UnofficialGentiumFork,
JusGentium (<http://www.lectlaw.com/def/j055.htm>), Silo, Fossil, Missile,
Silent, Resilient, Silk, Silver, Silica, Tensile, etc. (potentially hundreds
of English words and phrases). And I've only touched upon using the reserved
font names "in whole" (as expected when one of the reserved font names is
a mere three letters).

This may give some ideas for redrafting the clause:

   Modified versions of the Font Software must be distributed under a
   new distinctive Reserved Font Name, unless explicit written
   permission is granted by the Copyright Holder. The previous Reserved
   Font Name(s) are to be marked as defunct to serve as a list of
   impermissible Reserved Font Name(s). This restriction applies to all
   references stored in the Font Software, such as the font menu name
   and other font description fields, which are used to differentiate
   the font from others (though reference may be made to defunct font 
   names as such).

I suggest all fonts should have one distinctive non-defunct reserved
font name, perhaps in this case SILGentium (i.e. Gentium as distributed
by SIL International).

Please let responsible organisations determine whether the new name of a
derived font is distinctive enough to be distributed by them. The "in
part or in whole" rule doesn't allow intelligence to be applied to the
issue of whether modified font software is acceptable for
redistribution.

Regards,
Adam


[1] License
Gentium is released under the SIL Open Font License - please read it
carefully and do not download the fonts unless you agree to the terms of
the license:

This Font Software is Copyright (c) 2003-2005, SIL International
(http://scripts.sil.org/). All Rights Reserved.

"Gentium" is a Reserved Font Name for this Font Software. "SIL" is a
Reserved Font Name for this Font Software.

This Font Software is licensed under the SIL Open Font License, Version
1.0. No modification of the license is permitted, only verbatim copy is
allowed. This license is copied below, and is also available with a FAQ
at:http://scripts.sil.org/OFL


SIL OPEN FONT LICENSE 
Version 1.0 - 22 November 2005


PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of cooperative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide an open
framework in which fonts may be shared and improved in partnership with
others.

The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and sold with any software provided that the font names of
derivative works are changed. The fonts and derivatives, however, cannot
be released under any other type of license.


DEFINITIONS
"Font Software" refers to any and all of the following:

      * font files 
      * data files 
      * source code 
      * build scripts 
      * documentation

"Reserved Font Name" refers to the Font Software name as seen by users
and any other names as specified after the copyright statement.

"Standard Version" refers to the collection of Font Software components
as distributed by the Copyright Holder.

"Modified Version" refers to any derivative font software made by adding
to, deleting, or substituting -- in part or in whole -- any of the
components of the Standard Version, by changing formats or by porting
the Font Software to a new environment.

"Author" refers to any designer, engineer, programmer, technical writer
or other person who contributed to the Font Software.


PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a
copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:

1) Neither the Font Software nor any of its individual components, in
Standard or Modified Versions, may be sold by itself.

2) Standard or Modified Versions of the Font Software may be bundled,
redistributed and sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or in
the appropriate machine-readable metadata fields within text or binary
files as long as those fields can be easily viewed by the user.

3) No Modified Version of the Font Software may use the Reserved Font
Name(s), in part or in whole, unless explicit written permission is
granted by the Copyright Holder. This restriction applies to all
references stored in the Font Software, such as the font menu name and
other font description fields, which are used to differentiate the font
from others.

4) The name(s) of the Copyright Holder or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any Modified
Version, except to acknowledge the contribution(s) of the Copyright
Holder and the Author(s) or with their explicit written permission.

5) The Font Software, modified or unmodified, in part or in whole, must
be distributed using this license, and may not be distributed under any
other license.


TERMINATION
This license becomes null and void if any of the above conditions are
not met.


DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER
DEALINGS IN THE FONT SOFTWARE.




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