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This came up at the Business of Type Event on Friday, and yes Apple font people were given a heads up...
...from the Fonts section of the main Safari page on Apple.com - http://www.apple.com/safari/
One of the biggest concerns around the Web fonts scheme is that Web designers would post commercial fonts through either ignorance or disregard of font licensing rights. Apple were aware of this (both Safari folks and Font folks) so I find it hard to understand why they’re telling web designers that they can post any font to the Web.
This is probably a break-down in communication between marketing folks and the font/browser folks, but the damage has been done – Mac World appears to have parroted the misinformation in their recent Safari review...
Hopefully Apple will fix this quickly, and post material that directs web designers to freeware fonts that can be used with the scheme.