Someone should sue FACT for copyright infringement – and refuse to settle.
It seems like it was just a hobbyist project to recreate the look of the font from the anti-piracy ads? Which is 100% legal.
Edit: OK, so the original font appears to be "FF Confidential"? Why didn't the post even mention that? So maybe it is a digital clone, which would be illegal. But then strange that there aren't any DMCA takedowns of it on major font sites?
If the digital source is the only thing that can be copyrighted, then you have to prove the digital source is what was used inappropriately. If you can't prove that, either because it didn't happen or because there's no technological way to prove it, then you can't prove copyright infringement.