Add Atkinson Hyperlegible

[davelab6]

Filling an issue to track this suggestion, license needs discussion

[Diti]

According to ./gf-docs/METADATA, the license can only be one out of these three, currently: APACHE2, OFL, UFL.

Paragraph 5 of the Atkinson Hyperlegible Font License states:

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

As much as I would like to see this font being included and widespread, I believe its licensing terms are incompatible with Google Fonts, unless we can add that particular license to the list.

[yaffol]

I am actively looking at integrating Atkinson Hyperlegible as a website and print font - and having it available within Google Fonts (and indeed Google Docs) is a sticking point.

I'm not sure what the precise obstacles are, but I would support working to overcome them as this is an excellent new font which could make a big accessibility difference to a lot of people.

Having it available within Google Fonts would accelerate its adoption a lot.

[yaffol]

It seems, as I understand it, that the difficulty is that the Atkinson Hyperlegible license requires that the font is distributed under only that license, whereas Google Fonts requires fonts to be licensed under either the APACHE2, OFL, or UFL licenses.

Is the Atkinson Hyperlegible license manifestly similar to any of those? Would it be a case of persauding the Braille Institute to adopt one of those open licenses, in order to get the font integrated? Or could Google Fonts be persauded to modify the license restrictions it imposes?

[hellcp]

I had a quick look at the license, and it's a modified OFL-1.1. I rearranged the order of DEFINITIONS section to match OFL, just to better illustrate the similarities

--- OFL-1.1
+++ ATKINSON-HYPERLEGIBLE-FONT-LICENSE-MODIFIED
@@ -1,44 +1,26 @@
-Copyright (c) <dates>, <Copyright Holder> (<URL|email>),
-with Reserved Font Name <Reserved Font Name>.
-Copyright (c) <dates>, <additional Copyright Holder> (<URL|email>),
-with Reserved Font Name <additional Reserved Font Name>.
-Copyright (c) <dates>, <additional Copyright Holder> (<URL|email>).
+ATKINSON HYPERLEGIBLE FONT LICENSE
+Copyright ©  2020, Braille  Institute  of  America,  Inc.,  https://www.brailleinstitute.org/freefont
+with Reserved Typeface Name Atkinson Hyperlegible Font.

-This Font Software is licensed under the SIL Open Font License, Version 1.1.
-This license is copied below, and is also available with a FAQ at:
-http://scripts.sil.org/OFL
-
-
------------------------------------------------------------
-SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
------------------------------------------------------------
-
-PREAMBLE
-The goals of the Open Font License (OFL) are to stimulate worldwide
-development of collaborative font projects, to support the font creation
-efforts of academic and linguistic communities, and to provide a free and
-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/or sold with any software provided that any reserved
-names are not used by derivative works. The fonts and derivatives,
+GENERAL
+Copyright Holder allows the Font to be used, studied, modified and
+redistributed freely as long as it is  not sold by itself. The
+Font, including any derivative works, may be bundled, embedded,
+redistributed and/or sold with any software or other work provided that the Reserved Typeface
+Name is not used on, in or by any derivative work. The Font and derivatives,
 however, cannot be released under any other type of license. The
-requirement for fonts to remain under this license does not apply
-to any document created using the fonts or their derivatives.
+requirement for the Font to remain under this license does not apply
+to any document created using the Font or any of its derivatives.

 DEFINITIONS
-"Font Software" refers to the set of files released by the Copyright
-Holder(s) under this license and clearly marked as such. This may
+"Font Software" refers to the set of files released by Copyright
+Holder under this license. This may
 include source files, build scripts and documentation.

-"Reserved Font Name" refers to any names specified as such after the
-copyright statement(s).
+"Reserved Typeface Name" refers to the name Atkinson Hyperlegible Font.

-"Original Version" refers to the collection of Font Software components as
-distributed by the Copyright Holder(s).
+"Original Version" refers to the collection of the Font Software components as
+distributed by Copyright Holder.

 "Modified Version" refers to any derivative made by adding to, deleting,
 or substituting -- in part or in whole -- any of the components of the
@@ -48,6 +30,9 @@
 "Author" refers to any designer, engineer, programmer, technical
 writer or other person who contributed to the Font Software.

+“Copyright Holder” refers to Braille Institute of America, Inc.
+“Font” refers to the Atkinson Hyperlegible Font developed by Copyright Holder.
+
 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,
@@ -55,43 +40,41 @@
 Software, subject to the following conditions:

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

-2) Original or Modified Versions of the Font Software may be bundled,
-redistributed and/or sold with any software, provided that each copy
+2) The Original Version or Modified Version of the Font Software may be bundled,
+redistributed and/or sold with any other 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) unless explicit written permission is granted by the corresponding
+3) No Modified Version of the Font Software may use the Reserved Typeface
+Name unless explicit written permission is granted by
 Copyright Holder. This restriction only applies to the primary font name as
 presented to the users.

-4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
+4) The name of 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(s) and the Author(s) or with their explicit written
-permission.
+Modified Version or any related software or other product, except:
+  (a) to acknowledge the contribution(s) of Copyright Holderand the Author(s); or
+  (b) with the prior written permission of Copyright Holder.

 5) The Font Software, modified or unmodified, in part or in whole,
 must be distributed entirely under this license, and must not be
-distributed under any other license. The requirement for fonts to
-remain under this license does not apply to any document created
-using the Font Software.
+distributed under any other license.

 TERMINATION
-This license becomes null and void if any of the above conditions are
+This license shall immediately terminate and become 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
+OF COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHT. IN NO EVENT SHALL
 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
+FROM, OUT OF THE USE OF OR INABILITY TO USE THE FONT SOFTWARE OR FROM
 OTHER DEALINGS IN THE FONT SOFTWARE.

[yaffol]

That's very clear @hellcp that it is a slightly modified OFL license. The main changes being to make it more explicit as to what the font name is and who the copywright holders are.

There is also a change from 'Reserved Font Name' to 'Reserved Typeface Name'.

Does this mean that it can be accepted into Google Fonts now?

[hellcp]

I seriously doubt it, you can't just claim software is licensed under one license when it's licensed under another, even if changes are cosmetic. The best course of action would be to reach out to the Braille Institute and ask them to dual license with OFL 1.1, since the license is so similar. Not fun, but I don't think there is any other way to handle this properly.

[yaffol]

You are quite right @hellcp that is the correct course of action. I will reach out to the Braille Institute and start a dialogue about the possibility of dual-licensing Atkinson Hyperlegible with the OFL 1.1.

[davelab6]

Closing as duplicate of https://github.com/google/fonts/issues/3159

[davelab6]

@diti said

As much as I would like to see this font being included and widespread, I believe its licensing terms are incompatible with Google Fonts, unless we can add that particular license to the list.

I reached out to the Braille Institute and they will drop the old license and use OFL going forwards.

@yaffol @hellcp thanks for your efforts to clarify the old license terms, this was helpful for me :)