[blindlaw] Fw: ReadingRightsCoalitionUrgesAuthors toAllow Everyone Access to E-books
ckrugman at sbcglobal.net
ckrugman at sbcglobal.net
Wed Apr 1 21:32:32 UTC 2009
Actually, I agree with you and hope it does change.
Chuck
----- Original Message -----
From: "John " <joramsey at cox.net>
To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Wednesday, April 01, 2009 2:32 AM
Subject: Re: [blindlaw] Fw: ReadingRightsCoalitionUrgesAuthors toAllow
Everyone Access to E-books
> Well Chuck,
> That is subject to change and if they do appeal it will be overturned and
> in
> my humble opinion, rightfully so.
> Take care,
> John
>
> John A. Ramsey Jr., Esq.
>
> Gainesville, FL 32609
>
> Phone: (352) 505-6642
>
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of ckrugman at sbcglobal.net
> Sent: Wednesday, April 01, 2009 1:28 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] Fw: Reading RightsCoalitionUrgesAuthors toAllow
> Everyone Access to E-books
>
>
> The currency ruling is not going any higher as the Treasury Department
> decided not to appeal it.
> Chuck
> ----- Original Message -----
> From: "John " <joramsey at cox.net>
> To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
> Sent: Tuesday, March 31, 2009 7:51 PM
> Subject: Re: [blindlaw] Fw: Reading Rights CoalitionUrgesAuthors toAllow
> Everyone Access to E-books
>
>
> Greetings Rod,
> I am not going to go into your argument about the Kindle and Bookshare,
> however, as many on this list will likely agree, that currency ruling is
> going to be overturned when and if it gets up to the US court. Take care,
> John
>
> John A. Ramsey Jr., Esq.
>
> Gainesville, FL 32609
>
> Phone: (352) 505-6642
>
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Rod Alcidonis
> Sent: Tuesday, March 31, 2009 6:37 PM
> To: 'NFBnet Blind Law Mailing List'
> Subject: Re: [blindlaw] Fw: Reading Rights Coalition UrgesAuthors toAllow
> Everyone Access to E-books
>
>
> Marc:
>
> Actually, I first argue that there is not a violation by listening to
> books
> on the Kindle, so the entity here has no rights to claim. That's my
> conclusion. I think the issue in this situation is that this entity is
> trying to assert a right but they don't know what that right is, so they
> call it copyright violation. Not many judges would buy this nonsense when
> a
> purchaser cannot even share the books on this device. In fact, this
> argument
> would not go beyond the courthouse. Think about it: it is impossible to
> violate the copyright of the entity even if one would want to. This
> machine
> is protected with security features. This entity would have had to prove
> that somehow, that by listening to the books, this in a way interferes
> with
> the features of the Kindle and this violates their rights because it would
> allow a blind person to start sharing the books. I am confident that this
> argument would suffer the same defects that the treasury department's
> argument suffered in the currency case, when they argued that because
> blind
> people had access to credit cards, they did not also require access to
> bills. You saw what happened there.
>
> Such an outcome, if it were adopted, would lead to situations where
> someone
> borrows a book, reads it, and give it back to the owner to also constitute
> copyright violations. This would be absurd. The current situation
> certainly
> would be proper use of the device.
>
> Secondly, I argued that this is different from bookshare because unlike
> the
> situation here, bookshare does not have any rights to the books; they are
> just distributing them. Keep in mind that this is an exception to the law;
> if it did not exist, bookshare's actions would be an obvious violation.
> Furthermore, Bookshare can violate copyright laws; the entity here cannot.
> Bookshare cannot give permission of any sorts to anyone to use these
> books;
> the entity here could and it has given permission to Amazon to use their
> property by putting it on the Kindle. Moreover, when a user downloads a
> book
> from Bookshare, this user can share it and violate copyrights; however,
> when
> a user purchases the Kindle, he/she cannot remove the books, transfers
> them,
> and shares them with his/her friends. These are two different situations,
> and as such, they both deserve independent legal analyses.
>
> Rod Alcidonis
> Juris Doctor Candidate, 2009.
> Roger Williams University School of Law
> 10 Metacom Ave., Box: 9003
> Bristol, RI 02809
> Home: (401) 824-8685
> Cell: (718) 704-4651
> E-mail: roddj12 at hotmail.com
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of mworkman at ualberta.ca
> Sent: Tuesday, March 31, 2009 12:53 PM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] Fw: Reading Rights Coalition Urges Authors toAllow
> Everyone Access to E-books
>
> Rod, it looks to me like you are begging the question. You say the two
> cases are completely different because one involves distributing
> copyrighted
> material under the exception for persons with disabilities, and the other
> case does not involve a violation of copyright, but the latter point is
> exactly what is up for debate.
>
> The author's guild is claiming that the TTS on the Kindel is, in fact, a
> violation of copyright, which they are prepared to overlook as an
> exception
> for people with print disabilities, provided that people register, exactly
> as they must in the case of Bookshare.
>
> Personally, I don't think that TTS should be construed as a violation of
> copyright, but you can't say two cases are different because of X, and
> then
> simply assert X, as you have done.
>
> Marc
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]On
> Behalf Of Rod Alcidonis
> Sent: Tuesday, March 31, 2009 8:13 AM
> To: 'NFBnet Blind Law Mailing List'
> Subject: Re: [blindlaw] Fw: Reading Rights Coalition Urges Authors toAllow
> Everyone Access to E-books
>
>
> Folks: this situation and that of bookshare is two different, and
> completely
> separate legal analyses. Let's not continue to mix the two. It is like
> mixing apples and oranges just because they are both known as fruits.
> Unlike
> as some have suggested, bookshare is required to verify your disability
> because it is a not-for-profit entity engaging in the distribution of
> copyrighted books to blind individuals. Distribution of copyrighted books
> would constitute a violation had bookshare not adhear to the requirement
> that its members are blind. It has nothing to do with you getting books
> nearly for free. Bookshare holds no right to these materials. Think of
> bookshare and RFBD as an exception to the general rule.
>
> This situation, however, involves not a copyright violation of any kind.
> No
> one is sharing copyrighted information. The information on this device is
> already being released with the entity's permission and attached
> conditions;
> rather, what's at issue here is that the entity is fearful that by
> allowing
> people to listen to books this way, in effect would interfere with some
> rights, which we are debating is unclear as to what that right is. By
> asking
> for people to registrer, the entity is seeking to place itself in the
> shoes
> of Bookshare and alike, but remember that it is a commercial entity.
> Unlike
> bookshare, this entity holds the copyrighted content on these devices.
>
> Rod Alcidonis
> Juris Doctor Candidate, 2009.
> Roger Williams University School of Law
> 10 Metacom Ave., Box: 9003
> Bristol, RI 02809
> Home: (401) 824-8685
> Cell: (718) 704-4651
> E-mail: roddj12 at hotmail.com
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Shane D
> Sent: Tuesday, March 31, 2009 8:35 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] Fw: Reading Rights Coalition Urges Authors to
> Allow
> Everyone Access to E-books
>
> Re: Bookshare, we are being given nearly free access to copyrighted books.
> The $50/year goes to paying Bookshare's overhead. As such, Bookshare is
> required by law to varify our disabilities. However, Bookshare does not
> share with the publisher our disability information.
>
> I think the best analogy to this situation would be the Authors Guild
> taking
> a cut of Jaws proffit because it enables us to read books with audio.
> Bookshare is just a source for getting books.
>
> On 3/30/09, E.J. Zufelt <everett at zufelt.ca> wrote:
>> Good evening,
>>
>> One part of the argument was that: "The Guilds position is immoral
>> since it is infringes on human rights and dignity because it exploits,
>> for profit, a vulnerable minority
>>>
>>>> of the population. Requiring the disabled to 'register' - like some
>>>> kind of inferior animal - in order to use new, free, and innovative
>>>> text- to-speech technology...".
>>
>> Understandably Bookshare.org is not for profit, however, the strongest
>> words in the above citation are related to having to "...register' -
>> like some kind of inferior animal...". If the registration
>> requirement for one service is acceptable how can the registration
>> requirement for a similar, but recognizably different, service been
>> seen as treating people like "inferior animals"?
>>
>> I agree that a method needs to be found to accommodate the needs of
>> all involved and to respect all current laws and the right of access
>> to information for the text-impaired population. However, the
>> "inferior animals" argument does not seem to have much foundation in
>> the facts. Perhaps the best solution is to require digital media
>> distributors to leave their publications unlocked for all readers, to
>> ensure the most open access to information for the text-impaired,
>> "inferior animals" does not seem to add any weight to the legal
>> argument on either side of this issue.
>>
>> Thanks,
>> Everett
>>
>>
>> On 30-Mar-09, at 9:11 PM, Rod Alcidonis wrote:
>>
>>> I can't tell you how much I hate it when a legal issue is seriously
>>> being debated on this list and someone comes along with a statement
>>> that is at best, uninformed. The current issue is not even close to a
>>> bookshare situation. I am afraid that this listserv might soon
>>> loses its character
>>> as a legal forum for blind legal professionals. Sad.
>>>
>>> Rod Alcidonis
>>> Juris Doctor Candidate, 2009.
>>> Roger Williams University School of Law
>>> 10 Metacom Ave., Box: 9003
>>> Bristol, RI 02809
>>> Home: (401) 824-8685
>>> Cell: (718) 704-4651
>>> E-mail: roddj12 at hotmail.com
>>>
>>> -----Original Message-----
>>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-
>>> bounces at nfbnet.org] On Behalf Of E.J. Zufelt
>>> Sent: Monday, March 30, 2009 6:15 PM
>>> To: NFBnet Blind Law Mailing List
>>> Subject: Re: [blindlaw] Fw: Reading Rights Coalition Urges Authors to
>>> Allow Everyone Access to E-books
>>>
>>> Is it immoral for Bookshare to require registration aswell?
>>>
>>> Everett
>>>
>>>
>>> On 30-Mar-09, at 2:21 PM, Michael Fry wrote:
>>>
>>>> It is awesome that so many organizations are coalescing around such
>>>> a noble and worthy cause.
>>>>
>>>> The Guilds position is immoral since it is infringes on human rights
>>>> and dignity because it exploits, for profit, a vulnerable minority
>>>> of the population. Requiring the disabled to 'register' - like some
>>>> kind of inferior animal - in order to use new, free, and innovative
>>>> text-to-speech technology places an unnecessary obstacle in path
>>>> of people with disablities. This obstacle is desgined solely to
>>>> exploit
>>>> money from people without the time or inclination or, who are too
>>>> embarrassed to register, as a text disabled individuals. They are
>>>> attempting to bully extra profits out of people with disabilities.
>>>> The
>>>> Guild, comprised of enlightened and educated individuals, should be
>>>> ashamed
>>>> since there is no explanation other than immoral greed for their
>>>> position.
>>>>
>>>>
>>>> On Mon, Mar 30, 2009 at 9:16 AM, Scott C. LaBarre
>>>> <slabarre at labarrelaw.com>wrote:
>>>>
>>>>> ----- Original Message -----
>>>>> From: Freeh, Jessica
>>>>> To: Alpidio Rolon ; Amy Buresh ; Anil Lewis ; Art Schreiber ; Beth
>>>>> Rival ; Bob Kresmer ; Carl Jacobsen ; Cathy Jackson ; Charlene
>>>>> Smyth ; Christine G. Hall ; Daniel Burke ; David Ticchi ; Don
>>>>> Galloway ; Donna Wood ; Elsie Lamp
>>>>> ; Frank Lee ; Franklin Shiner ; Fred Schroeder ; Fred Wurtzel ;
>>>>> Gary Ray ;
>>>>> Gary Wunder ; J.W. Smith ; James Antonacci ; James Broadnax ;
>>>>> Jennelle
>>>>> Bichler ; Jennifer Dunnam ; Jerree Harris ; Joe Ruffalo ; John
>>>>> Batron ; John
>>>>> Fritz ; Joyce Scanlan ; Kathy Davis ; Ken Rollman ; Kevan Worley ;
>>>>> Marie
>>>>> Johnson ; Mary Willows ; Melissa Riccobono ; Michael Barber ;
>>>>> Michael
>>>>> Freeman ; Nani Fife ; Pam Allen ; Parnell Diggs ; Patti Chang ;
>>>>> Richard
>>>>> Bennett ; Richard Gaffney ; Ron Brown ; Ron Gardner ; Sam Gleese ;
>>>>> Scott
>>>>> LaBarre ; Selena Sundling-Crawford ; Steven Priddle ; Terri Rupp ;
>>>>> Tommy
>>>>> Craig
>>>>> Sent: Monday, March 30, 2009 7:09 AM
>>>>> Subject: Reading Rights Coalition Urges Authors to Allow Everyone
>>>>> Access to
>>>>> E-books
>>>>>
>>>>>
>>>>> FOR IMMEDIATE RELEASE
>>>>>
>>>>>
>>>>> CONTACT:
>>>>>
>>>>> Chris Danielsen
>>>>>
>>>>> Director of Public Relations
>>>>>
>>>>> National Federation of the Blind
>>>>>
>>>>> (410) 659-9314, ext. 2330
>>>>>
>>>>> (410) 262-1281 (Cell)
>>>>> cdanielsen at nfb.org
>>>>>
>>>>>
>>>>>
>>>>> Reading Rights Coalition Urges Authors to Allow
>>>>> Everyone Access to E-books
>>>>>
>>>>>
>>>>>
>>>>> Informational Protest to be Held at Authors Guild Headquarters
>>>>>
>>>>>
>>>>>
>>>>> New York City (March 30, 2009): The Reading Rights Coalition, which
>>>>> represents people who cannot read print, will protest the
>>>>> threatened removal of the text-to-speech function from e-books for
>>>>> the Amazon Kindle 2 outside the Authors Guild headquarters in New
>>>>> York City at 31 East 32nd Street on
>>>>> April 7, 2009, from noon to 2:00 p.m. The coalition includes the
>>>>> blind,
>>>>> people with dyslexia, people with learning or processing issues,
>>>>> seniors
>>>>> losing vision, people with spinal cord injuries, people recovering
>>>>> from
>>>>> strokes, and many others for whom the addition of text-to-speech on
>>>>> the
>>>>> Kindle 2 promised for the first time easy, mainstream access to
>>>>> over 245,000
>>>>> books.
>>>>>
>>>>>
>>>>>
>>>>> When Amazon released the Kindle 2 electronic book reader on
>>>>> February 9, 2009, the company announced that the device would be
>>>>> able to read e- books aloud using text-to-speech technology. Under
>>>>> pressure from the Authors
>>>>> Guild, Amazon has announced that it will give authors and
>>>>> publishers the
>>>>> ability to disable the text-to-speech function on any or all of
>>>>> their
>>>>> e-books available for the Kindle 2.
>>>>>
>>>>>
>>>>>
>>>>> Dr. Marc Maurer, President of the National Federation of the Blind,
>>>>> said:
>>>>> "The blind and print-disabled have for years utilized
>>>>> text-to-speech technology to read and access information. As
>>>>> technology advances and more books move from hard-copy print to
>>>>> electronic formats, people with print disabilities have for the
>>>>> first time in history the opportunity to enjoy
>>>>> access to books on an equal basis with those who can read print.
>>>>> Authors
>>>>> and publishers who elect to disable text-to-speech for their e-
>>>>> books on the
>>>>> Kindle 2 prevent people who are blind or have
>>>>>
>>>>> other print disabilities from reading these e-books. This is
>>>>> blatant discrimination and we will not tolerate it."
>>>>>
>>>>>
>>>>>
>>>>> Mike Shuttic, president of the Association on Higher Education and
>>>>> Disability (AHEAD), said: "AHEAD envisions educational and societal
>>>>> environments that value disability and embody equality of
>>>>> opportunity. This vision of AHEAD is directly aligned with the
>>>>> efforts of this coalition. Although much rhetoric is made about
>>>>> potential obstacles and problems that
>>>>> exist, the basic goal is clear and simple--access for everyone.
>>>>> And why
>>>>> create something that prevents it?"
>>>>>
>>>>>
>>>>>
>>>>> Mitch Pomerantz, president of the American Council of the Blind,
>>>>> said:
>>>>> "Removing the text-to-speech features closes the door on an
>>>>> innovative technological solution that would make regular print
>>>>> books available to tens of thousands of individuals who are blind
>>>>> or visually impaired."
>>>>>
>>>>>
>>>>>
>>>>> Andrew Imparato, President and Chief Executive Officer for the
>>>>> American Association of People with Disabilities (AAPD), said: "It
>>>>> is outrageous when a technology device shuts out people with all
>>>>> kinds of disabilities. AAPD
>>>>> works to remove barriers to accessibility and usability in
>>>>> technology, and
>>>>> we don't expect to see people with disabilities singled out by
>>>>> having to pay
>>>>> more for access. New technologies, such as electronic books,
>>>>> should be
>>>>> available to everyone regardless of disability."
>>>>>
>>>>> Paul Schroeder, vice president of programs and policy for the
>>>>> American Foundation for the Blind, said: "Those of us with print
>>>>> disabilities have long dreamed of a world in which books and media
>>>>> are available to us at the
>>>>> same time as everyone else. The Kindle 2 offers that possibility
>>>>> for the
>>>>> first time. We hope publishers and authors come to see that text-
>>>>> to-speech
>>>>> is simply an alternative means of access to print."
>>>>>
>>>>> Dr. Peter Blanck, chairman and university professor at Burton Blatt
>>>>> Institute at Syracuse University, said: "As electronic books become
>>>>> the norm, denying universal access will result in more and more
>>>>> people with disabilities being left out of education, employment,
>>>>> and the societal
>>>>> conversation. We will all suffer from the absence of their
>>>>> participation
>>>>> and contribution to the debates that occupy us as a society."
>>>>>
>>>>>
>>>>>
>>>>> George Kerscher of the Digital Accessible Information System
>>>>> (DAISY) Consortium, said: "The DAISY Consortium envisions a world
>>>>> where people with print disabilities have equal access to
>>>>> information and knowledge, without delay or additional expense.
>>>>> Authors and publishers surely must share this
>>>>> vision. Now that the issue of human rights has been explained, and
>>>>> the
>>>>> opportunity for larger sales are known, I urge the Authors Guild to
>>>>> reverse
>>>>> their position on text-to-speech and join us in actively
>>>>> encouraging all
>>>>> publishers and reading technology developers to open the world of
>>>>> reading to
>>>>> everybody. Authors, join us on the picket line."
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Steve Jacobs, president of IDEAL Group Inc., said, "Not only is
>>>>> text-to-speech important to people who are blind, it is critical in
>>>>> providing quality educations to millions of young people who rely
>>>>> on text-to-speech to learn effectively. This includes students
>>>>> with autism, learning disabilities, mobility disabilities, and
>>>>> cognitive disabilities that impact their ability to acquire
>>>>> information with their eyes only. I
>>>>> remain hopeful that the talented members of the Authors Guild come
>>>>> to
>>>>> understand the potential negative impact of disabling the text-to-
>>>>> speech
>>>>> function on their e-books and reconsider their position."
>>>>>
>>>>>
>>>>>
>>>>> Cynthia D. Waddell, executive director of the International Center
>>>>> for Disability Resources on the Internet (ICDRI), said: "The
>>>>> mission of ICDRI supports the removal of barriers in electronic and
>>>>> information technology
>>>>> and the promotion of equal access. ICDRI welcomes the text-to-
>>>>> speech
>>>>> functionality being offered by the Kindle 2 since it increases
>>>>> mainstream
>>>>> access to books for the first time in history. We question why the
>>>>> Authors
>>>>> Guild demands that it be turned it off since many more books would
>>>>> be sold
>>>>> if text-to-speech was turned back on. Not only
>>>>>
>>>>> does this feature benefit persons with disabilities, but it also
>>>>> helps persons for whom English is not their native language. In an
>>>>> increasingly mobile society, flexibility in access to content
>>>>> improves the quality of
>>>>> life for everyone."
>>>>>
>>>>>
>>>>>
>>>>> James Love, director of Knowledge Ecology International, said:
>>>>> "Knowing full well that not everyone can see, the Authors Guild
>>>>> wants the right to be seen, but not heard. By bullying Amazon to
>>>>> change the technology of Kindle
>>>>> 2, the Authors Guild will either deny access to people who are
>>>>> disabled, or
>>>>> make them pay more. By attacking disabled persons in this way, the
>>>>> Authors
>>>>> Guild is attacking everyone who would otherwise benefit from the
>>>>> contributions this community has the potential to offer."
>>>>>
>>>>>
>>>>>
>>>>> James H. Wendorf, executive director for the National Center for
>>>>> Learning Disabilities, said: "Access to the written word is the
>>>>> cornerstone of education and democracy. New technologies must
>>>>> serve individuals with
>>>>> disabilities, not impede them. Our homes, schools and ultimately
>>>>> our
>>>>> economy rely on support for the future, not discriminating
>>>>> practices and
>>>>> beliefs from the past."
>>>>>
>>>>> While the Kindle 2 is not currently accessible to blind users,
>>>>> Amazon recently announced on its Kindle 2 blog that it is currently
>>>>> at work on making the device's navigational features accessible to
>>>>> the blind.
>>>>>
>>>>>
>>>>>
>>>>> The coalition includes: American Association of People with
>>>>> Disabilities, American Council of the Blind, American Foundation
>>>>> for the Blind, Association on Higher Education and Disability,
>>>>> Bazelon Center for Mental Health Law, Burton Blatt Institute,
>>>>> Digital Accessible Information System
>>>>> (DAISY) Consortium, Disability Rights Education and Defense Fund
>>>>> (DREDF),
>>>>> IDEAL Group, Inc., International Center for Disability Resources on
>>>>> the
>>>>> Internet, International Dyslexia Association, International Dyslexia
>>>>> Association--New York Branch, Knowledge Ecology International,
>>>>> Learning
>>>>> Disabilities Association of America, National Center for Learning
>>>>> Disabilities, National Disability Rights Network, National
>>>>> Federation of the
>>>>> Blind, NISH, and the National Spinal Cord Injury Association. In
>>>>> addition
>>>>> to the April 7 New York City protest, the coalition will
>>>>> participate in the
>>>>> Los Angeles Times Festival of Books on April 25-26.
>>>>>
>>>>>
>>>>>
>>>>> ###
>>>>>
>>>>> _______________________________________________
>>>>> blindlaw mailing list
>>>>> blindlaw at nfbnet.org
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>>>>> blindlaw:
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>>>>>
>>>
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>>>
>>> .
>>> com
>>>>>
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>
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