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56e29d8 Jun 25, 2013
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Threads Removed from XDA due to copyright infringement notice from Monotype Corporation.

Threads impacted:

From: [REDACTED] Company: Stack & O'Connor Chartered Subject: Proprietary Font Software Programs and FlipFont APK Conversion Instructions

Message Body: XDA Developers Abuse Department

RE: FlipFont APK Conversion Instructions at http://www.xda-developers.com

To Whom It May Concern:

This office represents The Monotype Corporation ("TMC") and Monotype Imaging Inc. ("Monotype," formerly "Monotype Imaging"), the parent company of Monotype GmbH (formerly Linotype GmbH), Monotype ITC Inc. (formerly International Typeface Corporation, or "ITC"), and MyFonts Inc. (formerly Bitstream Corporation) in this matter. My clients are the owners of font software programs, and the corresponding trademarks, which are licensed both as standalone software products and for incorporation into original equipment manufacturer products.

On March 1, 2011, I contacted xda-developers.com regarding two matters. First, I notified xda-developers.com of the posting of a variety of proprietary font software programs made available through the xda-developers.com website for the purpose of converting them to a “FlipFont”-compatible format. FlipFont is proprietary application, owned by Monotype Imaging, that allows consumers to customize the fonts on certain mobile devices. None of the fonts posted were licensed in such a manner that they were freely distributable or subject to conversion into other formats. In addition, I notified xda-developers.com of the posting of instructions that incorporated use of the “Monoglyceride” font in order to convert font software programs into a FlipFont compatible format. “Monoglyceride” is an unauthorized version of the “ITC Bauhaus” font software program. My clients own the copyright in the work known as “ITC Bauhaus” (registration number TX0000552630). xda-deve lopers.com removed the posting on the day of receipt of my letter.

We have again received notification that the previously removed link has been reposted in several places on the website xda-developers.com. These posts include, but are not limited to:

  1.  Create your own FlipFont APKs complete walkthrough +Now with quick font size scaling at http://forum.xda-developers.com/showthread.php?t=745345
    
  2.  Create custom FlipFont files with font preview and icon at http://forum.xda-developers.com/showthread.php?t=745345
    
  3.  Flipfonts [* 2013/05/06 font package updated *]http://forum.xda-developers.com/showthread.php?t=894397&highlight=itc+krist
    
  4.  Custom Flipfonts Thread http://forum.xda-developers.com/showthread.php?t=2011509&highlight=monotype+flipfont+apk
    
  5.  ***SUCCESS*** Create your own flipfont APKs at http://forum.xda-developers.com/showthread.php?t=746862&highlight=monotype+flipfont+apk
    

The aforementioned Monoglyceride font is now posted along with the instructions. We write to demand the immediate removal of the above-stated postings.

On June 4, 2013, our paralegal, [REDACTED], sent a cease and desist to xda-developers.com due to the posting of a variety of font software programs that were modified using the above process and posted on the website for downloading under their trademarks. To date, we have received no response. These fonts included, but are not limited to, the following:

Font Name Owner Trademark Reg. # Comic Sans Microsoft 3050082 Helvetica Monotype GmbH 3058966

Frutiger Monotype GmbH 3055129 ITC Kristen (ITC Krist”) Monotype ITC Inc. 3221576 Georgia Microsoft 2334101 FlipFont Monotype Imaging Inc. 3925455 Monotype Monotype Imaging Inc. 1342107 Old English TMC Common Law Bitstream (“Bitstream Vera Sans”) MyFonts Inc. 1326623

Since that time, we have noted that additional font software programs have been posted in an unmodified form and then modified and re-posted by other users. This includes 36 additional instances of the Helvetica font software program being posted by users.

Through these users’ postings, we know that xda-developers.com users have used the posted process to create unauthorized copies of font software and distribute it, via the same website, for free. Again, none of the fonts posted were licensed by my clients in such a manner that they were freely distributable or subject to conversion into other formats.

While xda-developers.com users may be the ones creating the derivative works of proprietary fonts, xda-developers.com (1) has prior knowledge that the “Monoglyceride” font is an infringing version of “ITC Bauhaus” due to my March 1, 2011 letter, (2) has the ability to control and supervise the postings of users on the website, and (3) benefitted financially from such postings because they draw traffic and advertisers. This behavior constitutes vicarious copyright infringement on the part of xda-developers.com and is actionable under federal copyright law.

We hereby demand that the posts listed in the subject line of this letter and all infringing font software programs—including Monoglyceride--be removed from the xda-developers.com website within five (5) days of this letter or we shall advise our clients to proceed to enforce their rights at law and in equity.

Very truly yours,

STACK & O’CONNOR CHARTERED

[REDACTED]