[blindlaw] NO MORE EXCUSES - THE BLIND HAVE RIGHTS TO "HEAR WHAT OTHERS SEE" CHALLENGE 09
kdb
kdbenterprises at yahoo.com
Sat Mar 28 20:17:10 UTC 2009
DEAR EVERYONE WHO CARES!
re: Author's Guild/ Amazon Actions and Excuses....
So few seem to really understand, or rather choose instead to ignore, the fact that a product "VISUALLY" offered to us as consumers does nothing for the large segment of our population who are of low vision or blind.
Instead it effectively continues the long time practice of discrimination and essentially disallows the visually disabled from active participation in what all others who can see are offered. ..
The point remains easy to recognize but seemingly easier to forget: for most visually disabled individuals,
their ears aretheir eyes.
So, Please help others to understand this as you will gain better insight into the issues after reading the digest contained below following this message and challenge which concerns an attempt to organize a protest against AMAZON.com & the Author's Guild..
Please continue reading and decide if you will join this challenge by signing and sending this on to gain support and possibly convince an attorney or lawyer group to take this human rights issue through those almighty courthouse doors.
Then please do scroll below the signatures to read the digest itself from the mighty and wonderful BlindLaw Yahoo group, There you will learn of dates of the protest in NY City planned for April 7, 2009.
This is the larger challenge however: via a class action case we propose a suit to prohibit all communication, written notification companies and producers of any type of communication devise or software etc., especially phones, fax machines, all cell phone/tech equipment, and all other products designed to communicate and / or offer communication messages and methods, so production/designer companies refrain from further discrimination against the blind and low visioned population.
It is proposed that by establishing this as a requirement during all communication devises production and designing it so accountability is built into the law to prove that all devises etc. are produced with text to speech/voice recognition and voice command abilities so the ease of use feature activates from start up through usage AND established reasonable costs for the devises are based on the average income levels of the disabled. Also essential to this effort will be to establishing the doctor's authority to write Rx's for essential communication devises, these may vary and will need to be defined in the case, and require insurance company/medicaid and medicare, approvals to pay for the devise or equipment.
This elimination of an effective equally accessible communication system via text to speech/voice commands and voice recognition software, already developed and in operation with screen reader abilities, must be applied and useable - as well as user friendly - on all platforms including Apple/mac product - ie.. the latest ipod shuffle with reading aloud abilities throughout every menu and sub menu thus making it useable by the blind and visually impaired!
This simple system is essential and finally available to the sightless, those who so often, too often, suffer the indignities of a profit seeking - world. A world where others MAKE THE DECISIONS TO HOLD back the rights of the disabled yet make profits often on them by selling them the only products available that are much too difficult for them to easily operate let alone, set up to use!
And then, too often , the cost is prohibitive for so many!
So why is a universally accessible communication policy and system that assures equal access via these technologies and software still not equally and always available to the blind and low visioned? IS MONEY THE EXCUSE?? Too expensive to produce? Can't use that excuse as it is already out there and has been for years. So, WHAT OTHER REASON COULD IT BE TO NOT have speaking abilities, voice command, voice recognition software built in to the equipment (like the easy to use VoiceOver in mac products) and easily accessible to all visually disabled people?
These are the people who require it to have equal access to all that is offered visually to the sighted.
AND YES! Braille counts but braille is ONLY ONE WAY AND IS, TO MOST IN TODAYS WORLD, NO LONGER THE EASIEST METHOD. For the deaf and blind perhaps but not so any longer for the Visually Disabled who are able to hear!!!
Some items that are available are so costly the expense prohibits many to secure the services. And this is called accessibility? I think not! This seems to remain a legal/human rights for the disabled ADA issue and also seems to indicate it really should be a class action suit leading to the highest level so ALL equipment is made speakable and is useable at a FREE or very reasonable cost to the low visioned and blind users.
It applies to all aspects of communication devises such as TV and movies, VDRs , PDAs, clocks, watches, ANYTHING others can see to communicate thoughts or facts and knowledge that the low visioned or blind cannot!!!
Why does NOT that make sense to everyone?
Money ? That is not an acceptable answer.
Consider: Years ago, the deaf fought for hearing aides. And cost was a factor until the fight was won and hearing devices where on the market until the demand was satisfied and costs went down to a reasonable level - in most cases. Insurances were accessed and the story goes on.
All must have access - equally! Not selectively!
The blind / low visioned MUST have the ability to have all aspects of communication devices spoken aloud to them, especially land line phone caller ID by name and number, phone buttons, all sub-menus within the system, remotes and all sub menus within their oiperating suystems.. the list goes on forever.
My long time hope remains that a caring dedicated lawyer will take on this noble cause and keep the world informed as it progresses! Including a text to speech method so the blind too can be aware of what is happening around them as well as what may effect them and can then allow then the option of choice to determine if they want to participate in that effort or act on the information learned or not.
Copywrite issues are critical but human rights far exceed them. How can one be part of an effort - perhaps to decide to purchase the book or music or movie etc. if one is not able to understand the communication regarding them because it is only offered VISUALLY?
SIMPLY PUT,DESIGNERS AND PRODUCERS OF EQUIPMENT MUST USE SOFTWARE TO USE THE AUDITORY CHANNEL OF THE VISUALLY DISABLED SO THEY TOO ARE INCLUDED IN THE POPULATION.
That is it in a nutshell. Now we must fight to get it unilaterally applied to everything. If you agree or disagree this will not be criticized as we all learn form others and our errors are often times corrected through discourse and debate. It is asked that you do so politely, however.
Please feel free to comment to help move this noble effort forward.
Please help the Blind and Visually Disabled gain equal access to today's technologically advanced world similar to the level those of us who "see with our eyes" are able to do!
Thanks for spreading the word.
PS - An aside but a notable one:
Seems as if a huge part of the profit producing market is being left out of the "BRILLIANT" marketing strategies of communication products, does it not?
Foolish move.
Tired of excuses,
FEEL FREE TO SEND ANY PART OR ALL OF THIS PROTEST AS YOUR OWN WITH ANY CHANGES YOU FEEL WOULD HELP TO INFLUENCE THOSE IN AUTHORITY WITH THE POWER TO CHANGE THIS SITUATION AND GRANT THESE BASIC RIGHTS TO THE BLIND AND VISUALLY IMPAIRED.
YES WE CAN! WE CAN CHANGE THIS!... JOIN THIS EFFORT FOR OUR SIGHTLESS RELATIVES AND FRIENDS, PLEASE.
AS I SO SADLY LEARNED, TOMORROW BLINDNESS COULD VERY EASILY AFFECT AND /OR INCLUDE YOU!
We are 'Tired of Excuses",
***PLEASE SCROLL AND READ BELOW OUR E- SIGNATURES/ EFFORTS FROM THE BLIND LAW DIGEST:
KATHY AND DENNIS DIBONA
ALICE DRABIK
ROSE TURNER
kdbenterprises at yahoo.comhttp://fl.local.yahoo.biz/kdbenterprises/index.html
From: "blindlaw-request at nfbnet.org" <blindlaw-request at nfbnet.org>
To: blindlaw at nfbnet.org
Sent: Saturday, March 28, 2009 1:00:12 PM
Subject: blindlaw Digest, Vol 58, Issue 28
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Today's Topics:
Informational Picketing Against Authors Guild in New York
Message: 1
Date: Fri, 27 Mar 2009 15:40:37 -0500
From: David Andrews <dandrews at visi.com>
Subject: [blindlaw] Informational Picketing Against Authors Guild in
New York City
To: david.andrews at nfbnet.org
Message-ID: <auto-000094902467 at mailfront2.g2host.com>
Content-Type: text/plain; charset="iso-8859-1"; format=flowed
>From Chris Danielson:
Dear Fellow Federationists:
As you may already know, Amazon, Inc.. released the newest version of its
e-book reader, the Kindle, on February 9 of this year. The Kindle 2
includes a feature that allows e-books downloaded to it to be read aloud.
The Authors Guild has objected to this feature because it believes these
e-books are licensed only for visual display, and under pressure from the
Guild, Amazon has decided to allow authors and publishers to decide which
books can be read aloud by this device. Naturally, this is a blow to blind
people and others with print disabilities who can benefit from the
text-to-speech feature and who would love to be able to purchase books and
start reading them immediately for the first time in history. For this
reason the National Federation of the Blind has joined with other
organizations representing people who cannot use print effectively to fight
the Authors Guild.
We plan to kick off our public education campaign to increase public
pressure on the Authors Guild to reverse its stance with an informational
protest in front of the Guild?s headquarters in New York City. This picket
will take place on Tuesday, April 7, from noon until 2:00 p.m. I am writing
to you in hopes that you can organize members to come to this protest. A
number of Federationists from Maryland are coming and we expect
participation from other organizations in the coalition, but it would be
very helpful if those of you with easy access to New York City would help us
by providing more picketers. It is extremely important that we make a
strong impression on the Authors Guild and the media so that our message
will be heard.
In the next few days you will receive more communications with additional
logistical details, as well as more information about our position and
suggestions on how to respond to questions from the media. In the meantime,
if you have additional questions, please do not hesitate to contact me. As
soon as you have an idea of how many people may be able to come to this
event, please provide that information to John Par? by calling 410-659-9314,
ext. 2227, or by e-mailing jpare at nfb.org. Thank you for your assistance in
this important matter.
Sincerely:
Chris Danielsen
Christopher S. Danielsen
Director of Public Relations
NATIONAL FEDERATION OF THE BLIND
David Andrews and white cane Harry.
------------------------------
Message: 2
Date: Sat, 28 Mar 2009 00:36:27 -0700
From: <ckrugman at sbcglobal.net>
Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
in NewYork City
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Message-ID: <94D47A96FA004126B3FFB96F0B9C6F95 at spike>
Content-Type: text/plain; format=flowed; charset="iso-8859-1";
reply-type=response
If the legislative alert system previously discussed on this list hade been
implemented members from all over the country could respond with emails or
faxes to the Authors Guild to address this issue. This would be much more
effective then to expect Federations spending hundreds of dollars on plain
fare and hotel accommodations for this cause. While the information
definitely needs to be provided there are much more effective ways for this
to be done.
Charles L. Krugman, M.S.W., ParalegalPresident,
NFB of California Central Valley Chapter
1237 P Street
Fresno ca 93721
559-266-9237
----- Original Message -----
From: "David Andrews" <dandrews at visi.com>
To: <david.andrews at nfbnet.org>
Sent: Friday, March 27, 2009 1:40 PM
Subject: [blindlaw] Informational Picketing Against Authors Guild in NewYork
City
>From Chris Danielson:
Dear Fellow Federationists:
As you may already know, Amazon, Inc. released the newest version of its
e-book reader, the Kindle, on February 9 of this year. The Kindle 2
includes a feature that allows e-books downloaded to it to be read aloud.
The Authors Guild has objected to this feature because it believes these
e-books are licensed only for visual display, and under pressure from the
Guild, Amazon has decided to allow authors and publishers to decide which
books can be read aloud by this device. Naturally, this is a blow to blind
people and others with print disabilities who can benefit from the
text-to-speech feature and who would love to be able to purchase books and
start reading them immediately for the first time in history. For this
reason the National Federation of the Blind has joined with other
organizations representing people who cannot use print effectively to fight
the Authors Guild.
We plan to kick off our public education campaign to increase public
pressure on the Authors Guild to reverse its stance with an informational
protest in front of the Guild's headquarters in New York City. This picket
will take place on Tuesday, April 7, from noon until 2:00 p.m. I am writing
to you in hopes that you can organize members to come to this protest. A
number of Federationists from Maryland are coming and we expect
participation from other organizations in the coalition, but it would be
very helpful if those of you with easy access to New York City would help us
by providing more picketers. It is extremely important that we make a
strong impression on the Authors Guild and the media so that our message
will be heard.
In the next few days you will receive more communications with additional
logistical details, as well as more information about our position and
suggestions on how to respond to questions from the media. In the meantime,
if you have additional questions, please do not hesitate to contact me. As
soon as you have an idea of how many people may be able to come to this
event, please provide that information to John Par? by calling 410-659-9314,
ext. 2227, or by e-mailing jpare at nfb.org. Thank you for your assistance in
this important matter.
Sincerely:
Chris Danielsen
Christopher S. Danielsen
Director of Public Relations
NATIONAL FEDERATION OF THE BLIND
David Andrews and white cane Harry.
_______________________________________________
blindlaw mailing list
blindlaw at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for
blindlaw:
http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net
------------------------------
Message: 3
Date: Sat, 28 Mar 2009 06:00:32 -0300
From: "E.J. Zufelt" <everett at zufelt.ca>
Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
in NewYork City
To: NFBnet Blind Law Mailing List <blindlaw at nfbnet.org>
Message-ID: <4D5D1503-3D66-471B-A599-6FEEF84E6840 at zufelt.ca>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed; delsp=yes
Good morning,
My concern with this action is whether or not the opinion expressed is
representative of NFB membership. I for one believe that Amazon is
well within their reasonable right to block this functionality from
titles on their site to perserve the authors rights to their
intellectual property.
Perhaps a better approach would be for Amazon to be required to make
an unlocked version of the texts available to individuals who register
as text impaired. Understandably this method would have several
problems that would have to be negotiated between all concerned parties.
Just my two cents,
Everett
On 28-Mar-09, at 4:36 AM, <ckrugman at sbcglobal.net> wrote:
> If the legislative alert system previously discussed on this list
> hade been implemented members from all over the country could
> respond with emails or faxes to the Authors Guild to address this
> issue. This would be much more effective then to expect Federations
> spending hundreds of dollars on plain fare and hotel accommodations
> for this cause. While the information definitely needs to be
> provided there are much more effective ways for this to be done.
> Charles L. Krugman, M.S.W., ParalegalPresident,
> NFB of California Central Valley Chapter
> 1237 P Street
> Fresno ca 93721
> 559-266-9237
> ----- Original Message ----- From: "David Andrews" <dandrews at visi.com>
> To: <david.andrews at nfbnet.org>
> Sent: Friday, March 27, 2009 1:40 PM
> Subject: [blindlaw] Informational Picketing Against Authors Guild in
> NewYork City
>
>
>
> >From Chris Danielson:
>
> Dear Fellow Federationists:
>
> As you may already know, Amazon, Inc. released the newest version of
> its
>
> e-book reader, the Kindle, on February 9 of this year. The Kindle 2
>
> includes a feature that allows e-books downloaded to it to be read
> aloud.
>
> The Authors Guild has objected to this feature because it believes
> these
>
> e-books are licensed only for visual display, and under pressure
> from the
>
> Guild, Amazon has decided to allow authors and publishers to decide
> which
>
> books can be read aloud by this device. Naturally, this is a blow
> to blind
>
> people and others with print disabilities who can benefit from the
>
> text-to-speech feature and who would love to be able to purchase
> books and
>
> start reading them immediately for the first time in history. For
> this
>
> reason the National Federation of the Blind has joined with other
>
> organizations representing people who cannot use print effectively
> to fight
>
> the Authors Guild.
>
> We plan to kick off our public education campaign to increase public
>
> pressure on the Authors Guild to reverse its stance with an
> informational
>
> protest in front of the Guild's headquarters in New York City. This
> picket
>
> will take place on Tuesday, April 7, from noon until 2:00 p.m. I am
> writing
>
> to you in hopes that you can organize members to come to this
> protest. A
>
> number of Federationists from Maryland are coming and we expect
>
> participation from other organizations in the coalition, but it
> would be
>
> very helpful if those of you with easy access to New York City would
> help us
>
> by providing more picketers. It is extremely important that we make a
>
> strong impression on the Authors Guild and the media so that our
> message
>
> will be heard.
>
> In the next few days you will receive more communications with
> additional
>
> logistical details, as well as more information about our position and
>
> suggestions on how to respond to questions from the media. In the
> meantime,
>
> if you have additional questions, please do not hesitate to contact
> me. As
>
> soon as you have an idea of how many people may be able to come to
> this
>
> event, please provide that information to John Par? by calling
> 410-659-9314,
>
> ext. 2227, or by e-mailing jpare at nfb.org. Thank you for your
> assistance in
>
> this important matter.
>
> Sincerely:
>
> Chris Danielsen
>
> Christopher S. Danielsen
>
> Director of Public Relations
>
> NATIONAL FEDERATION OF THE BLIND
>
>
> David Andrews and white cane Harry.
>
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info
> for blindlaw:
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info
> for blindlaw:
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/everett%40zufelt.ca
------------------------------
Message: 4
Date: Sat, 28 Mar 2009 07:16:27 -0400
From: "Chris Danielsen" <cdanielsen8 at aol.com>
Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
inNewYork City
To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
Message-ID: <50AF7F0597184596939D794676C898AF at Scorpio13>
Content-Type: text/plain; charset="iso-8859-1"
Hi Everett,
First, let me say that not only are Federation members supportive of this
action, but we have in fact reached out to other disability organizations
representing individuals with spinal cord injuries, dyslexia and other
learning disabilities, and other print disabilities and they are all in
agreement with this position. Second, the issue here is not whether authors
have the right to control their intellectual property, which they most
certainly do. The issue is whether they can parse up the uses of an e-book
that an individual has already paid for and claim that each potential use of
it is an intellectual property right.
The Authors Guild is upset because Amazon added a text-to-speech function to
its Kindle 2, which means that downloaded e-books can be read aloud.
Initially, Amazon did not plan to include the ability to disable that
function; the company only backed down when the Authors Guild raised a
stink. But the fact is that Amazon was initially legally correct to believe
that there was no inherent intellectual property right involved. The reading
aloud of text that one has purchased, in private, is not a copyright
violation but a fair use. To argue otherwise is to argue that parents who
read bedtime stories to their kids, or for that matter blind people who have
a print textbook read aloud to them by a reader (human or machine), are
violating copyright law. This is ridiculous and every copyright lawyer worth
his or her salt knows it; even the Authors Guild is now backing down from
it, arguing instead that the terms of their contracts prohibit this use. It
makes absolutely no difference whether the reading aloud is done by a human
or a machine, as long as there is no "public performance" or derivative work
created.
The Authors Guild wants what you have suggested--a registration system for
people with disabilities, who would then be allowed to unlock the
text-to-speech function. But more than just blind people are affected here,
and many of them have disabilities that are not tied to a specific organic
cause and can't be medically diagnosed. Besides, who would administer this
system? Amazon? The Authors Guild? And more to the point, why should
disabled readers have to register to read a book that we have paid good
money for? The Guild's position is tantamount to saying, "You can buy our
e-books but you can't read them without clearance from us." It is
unacceptable and discriminatory.
Bottom line; Everyone who pays good money for an e-book--which is not
inherently either a visual or audio work and could conceivably be converted
into even more formats, including Braille--should be able to read it in
whatever form works best for them. The authors have a chance here to get
money from the disability community--a revenue stream they've never had
before since right now we get a lot of our reading material from free or
subscription services like NLS or Bookshare. But our money apparently isn't
good enough for them. Sure, they're motivated not by keeping us out but by
trying to keep out the sighted, in order to make sure that the sighted
either pay a surcharge for text-to-speech or buy the much more expensive
audio book version. But that's just greed, not an intellectual property
dispute. And disabled people who have legitimate reading problems but can't
"prove" them to the satisfaction of the Authors Guild will also have to pay
that surcharge. This is wrong on many levels and it's lousy business too. I
hope that in light of all this you will consider supporting our action.
Library services for the blind and others have their place, but the advent
of the e-book means that we no longer have to be locked into those systems
and potentially will have access to a much broader array of literary
content. This has been the dream of the blind and others with print
disabilities for generations. We are not going to let a knee-jerk, poorly
thought out reaction from some authors organization take that dream away.
Chris
-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of E.J. Zufelt
Sent: Saturday, March 28, 2009 5:01 AM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
inNewYork City
Good morning,
My concern with this action is whether or not the opinion expressed is
representative of NFB membership. I for one believe that Amazon is
well within their reasonable right to block this functionality from
titles on their site to perserve the authors rights to their
intellectual property.
Perhaps a better approach would be for Amazon to be required to make
an unlocked version of the texts available to individuals who register
as text impaired. Understandably this method would have several
problems that would have to be negotiated between all concerned parties.
Just my two cents,
Everett
On 28-Mar-09, at 4:36 AM, <ckrugman at sbcglobal.net> wrote:
> If the legislative alert system previously discussed on this list
> hade been implemented members from all over the country could
> respond with emails or faxes to the Authors Guild to address this
> issue. This would be much more effective then to expect Federations
> spending hundreds of dollars on plain fare and hotel accommodations
> for this cause. While the information definitely needs to be
> provided there are much more effective ways for this to be done.
> Charles L. Krugman, M.S.W., ParalegalPresident,
> NFB of California Central Valley Chapter
> 1237 P Street
> Fresno ca 93721
> 559-266-9237
> ----- Original Message ----- From: "David Andrews" <dandrews at visi.com>
> To: <david.andrews at nfbnet.org>
> Sent: Friday, March 27, 2009 1:40 PM
> Subject: [blindlaw] Informational Picketing Against Authors Guild in
> NewYork City
>
>
>
> >From Chris Danielson:
>
> Dear Fellow Federationists:
>
> As you may already know, Amazon, Inc. released the newest version of
> its
>
> e-book reader, the Kindle, on February 9 of this year. The Kindle 2
>
> includes a feature that allows e-books downloaded to it to be read
> aloud.
>
> The Authors Guild has objected to this feature because it believes
> these
>
> e-books are licensed only for visual display, and under pressure
> from the
>
> Guild, Amazon has decided to allow authors and publishers to decide
> which
>
> books can be read aloud by this device. Naturally, this is a blow
> to blind
>
> people and others with print disabilities who can benefit from the
>
> text-to-speech feature and who would love to be able to purchase
> books and
>
> start reading them immediately for the first time in history. For
> this
>
> reason the National Federation of the Blind has joined with other
>
> organizations representing people who cannot use print effectively
> to fight
>
> the Authors Guild.
>
> We plan to kick off our public education campaign to increase public
>
> pressure on the Authors Guild to reverse its stance with an
> informational
>
> protest in front of the Guild's headquarters in New York City. This
> picket
>
> will take place on Tuesday, April 7, from noon until 2:00 p.m. I am
> writing
>
> to you in hopes that you can organize members to come to this
> protest. A
>
> number of Federationists from Maryland are coming and we expect
>
> participation from other organizations in the coalition, but it
> would be
>
> very helpful if those of you with easy access to New York City would
> help us
>
> by providing more picketers. It is extremely important that we make a
>
> strong impression on the Authors Guild and the media so that our
> message
>
> will be heard.
>
> In the next few days you will receive more communications with
> additional
>
> logistical details, as well as more information about our position and
>
> suggestions on how to respond to questions from the media. In the
> meantime,
>
> if you have additional questions, please do not hesitate to contact
> me. As
>
> soon as you have an idea of how many people may be able to come to
> this
>
> event, please provide that information to John Par? by calling
> 410-659-9314,
>
> ext. 2227, or by e-mailing jpare at nfb.org. Thank you for your
> assistance in
>
> this important matter.
>
> Sincerely:
>
> Chris Danielsen
>
> Christopher S. Danielsen
>
> Director of Public Relations
>
> NATIONAL FEDERATION OF THE BLIND
>
>
> David Andrews and white cane Harry.
>
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info
> for blindlaw:
>
http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglob
al.net
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info
> for blindlaw:
>
http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/everett%40zufelt.c
a
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Message: 5
Date: Sat, 28 Mar 2009 09:25:11 -0300
From: "E.J. Zufelt" <everett at zufelt.ca>
Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
inNewYork City
To: NFBnet Blind Law Mailing List <blindlaw at nfbnet.org>
Message-ID: <BDB68FA3-CC3A-4612-AD97-53AF24936C33 at zufelt.ca>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed; delsp=yes
Good morning,
Interesting, I think that the word that persuades me here is
performance. The argument then, as I understand it, is that the
reading aloud, by a person or machine, of a work differs from an audio
book that is commercially produced that would be considered a
performance of the work. I think that I can accept that to be a
reasonable distinction between the two.. So, even if the ability to
have a work read aloud impacts negatively on an authors return on
investment, which it may not, it is as a result of evolving technology
and is something that the authoring industry will need to deal with in
the same manner as other industries must deal with the potential
negative economic impact of evolving technology.
Thanks for your thorough explanation,
Everett
On 28-Mar-09, at 8:16 AM, Chris Danielsen wrote:
> Hi Everett,
>
> First, let me say that not only are Federation members supportive of
> this
> action, but we have in fact reached out to other disability
> organizations
> representing individuals with spinal cord injuries, dyslexia and other
> learning disabilities, and other print disabilities and they are all
> in
> agreement with this position. Second, the issue here is not whether
> authors
> have the right to control their intellectual property, which they most
> certainly do. The issue is whether they can parse up the uses of an
> e-book
> that an individual has already paid for and claim that each
> potential use of
> it is an intellectual property right.
>
> The Authors Guild is upset because Amazon added a text-to-speech
> function to
> its Kindle 2, which means that downloaded e-books can be read aloud.
> Initially, Amazon did not plan to include the ability to disable that
> function; the company only backed down when the Authors Guild raised a
> stink. But the fact is that Amazon was initially legally correct to
> believe
> that there was no inherent intellectual property right involved. The
> reading
> aloud of text that one has purchased, in private, is not a copyright
> violation but a fair use. To argue otherwise is to argue that
> parents who
> read bedtime stories to their kids, or for that matter blind people
> who have
> a print textbook read aloud to them by a reader (human or machine),
> are
> violating copyright law. This is ridiculous and every copyright
> lawyer worth
> his or her salt knows it; even the Authors Guild is now backing down
> from
> it, arguing instead that the terms of their contracts prohibit this
> use. It
> makes absolutely no difference whether the reading aloud is done by
> a human
> or a machine, as long as there is no "public performance" or
> derivative work
> created.
>
> The Authors Guild wants what you have suggested--a registration
> system for
> people with disabilities, who would then be allowed to unlock the
> text-to-speech function. But more than just blind people are
> affected here,
> and many of them have disabilities that are not tied to a specific
> organic
> cause and can't be medically diagnosed. Besides, who would
> administer this
> system? Amazon? The Authors Guild? And more to the point, why should
> disabled readers have to register to read a book that we have paid
> good
> money for? The Guild's position is tantamount to saying, "You can
> buy our
> e-books but you can't read them without clearance from us." It is
> unacceptable and discriminatory.
>
> Bottom line; Everyone who pays good money for an e-book--which is not
> inherently either a visual or audio work and could conceivably be
> converted
> into even more formats, including Braille--should be able to read it
> in
> whatever form works best for them. The authors have a chance here to
> get
> money from the disability community--a revenue stream they've never
> had
> before since right now we get a lot of our reading material from
> free or
> subscription services like NLS or Bookshare. But our money
> apparently isn't
> good enough for them. Sure, they're motivated not by keeping us out
> but by
> trying to keep out the sighted, in order to make sure that the sighted
> either pay a surcharge for text-to-speech or buy the much more
> expensive
> audio book version. But that's just greed, not an intellectual
> property
> dispute. And disabled people who have legitimate reading problems
> but can't
> "prove" them to the satisfaction of the Authors Guild will also have
> to pay
> that surcharge. This is wrong on many levels and it's lousy business
> too. I
> hope that in light of all this you will consider supporting our
> action.
>
> Library services for the blind and others have their place, but the
> advent
> of the e-book means that we no longer have to be locked into those
> systems
> and potentially will have access to a much broader array of literary
> content. This has been the dream of the blind and others with print
> disabilities for generations. We are not going to let a knee-jerk,
> poorly
> thought out reaction from some authors organization take that dream
> away.
>
> Chris
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-
> bounces at nfbnet.org] On
> Behalf Of E.J. Zufelt
> Sent: Saturday, March 28, 2009 5:01 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
> inNewYork City
>
> Good morning,
>
> My concern with this action is whether or not the opinion expressed is
> representative of NFB membership. I for one believe that Amazon is
> well within their reasonable right to block this functionality from
> titles on their site to perserve the authors rights to their
> intellectual property.
>
> Perhaps a better approach would be for Amazon to be required to make
> an unlocked version of the texts available to individuals who register
> as text impaired. Understandably this method would have several
> problems that would have to be negotiated between all concerned
> parties.
>
> Just my two cents,
> Everett
>
>
> On 28-Mar-09, at 4:36 AM, <ckrugman at sbcglobal.net> wrote:
>
>> If the legislative alert system previously discussed on this list
>> hade been implemented members from all over the country could
>> respond with emails or faxes to the Authors Guild to address this
>> issue. This would be much more effective then to expect Federations
>> spending hundreds of dollars on plain fare and hotel accommodations
>> for this cause. While the information definitely needs to be
>> provided there are much more effective ways for this to be done.
>> Charles L. Krugman, M.S.W., ParalegalPresident,
>> NFB of California Central Valley Chapter
>> 1237 P Street
>> Fresno ca 93721
>> 559-266-9237
>> ----- Original Message ----- From: "David Andrews"
>> <dandrews at visi.com>
>> To: <david.andrews at nfbnet.org>
>> Sent: Friday, March 27, 2009 1:40 PM
>> Subject: [blindlaw] Informational Picketing Against Authors Guild in
>> NewYork City
>>
>>
>>
>>> From Chris Danielson:
>>
>> Dear Fellow Federationists:
>>
>> As you may already know, Amazon, Inc. released the newest version of
>> its
>>
>> e-book reader, the Kindle, on February 9 of this year. The Kindle 2
>>
>> includes a feature that allows e-books downloaded to it to be read
>> aloud.
>>
>> The Authors Guild has objected to this feature because it believes
>> these
>>
>> e-books are licensed only for visual display, and under pressure
>> from the
>>
>> Guild, Amazon has decided to allow authors and publishers to decide
>> which
>>
>> books can be read aloud by this device. Naturally, this is a blow
>> to blind
>>
>> people and others with print disabilities who can benefit from the
>>
>> text-to-speech feature and who would love to be able to purchase
>> books and
>>
>> start reading them immediately for the first time in history. For
>> this
>>
>> reason the National Federation of the Blind has joined with other
>>
>> organizations representing people who cannot use print effectively
>> to fight
>>
>> the Authors Guild.
>>
>> We plan to kick off our public education campaign to increase public
>>
>> pressure on the Authors Guild to reverse its stance with an
>> informational
>>
>> protest in front of the Guild's headquarters in New York City. This
>> picket
>>
>> will take place on Tuesday, April 7, from noon until 2:00 p.m. I am
>> writing
>>
>> to you in hopes that you can organize members to come to this
>> protest. A
>>
>> number of Federationists from Maryland are coming and we expect
>>
>> participation from other organizations in the coalition, but it
>> would be
>>
>> very helpful if those of you with easy access to New York City would
>> help us
>>
>> by providing more picketers. It is extremely important that we
>> make a
>>
>> strong impression on the Authors Guild and the media so that our
>> message
>>
>> will be heard.
>>
>> In the next few days you will receive more communications with
>> additional
>>
>> logistical details, as well as more information about our position
>> and
>>
>> suggestions on how to respond to questions from the media. In the
>> meantime,
>>
>> if you have additional questions, please do not hesitate to contact
>> me. As
>>
>> soon as you have an idea of how many people may be able to come to
>> this
>>
>> event, please provide that information to John Par? by calling
>> 410-659-9314,
>>
>> ext. 2227, or by e-mailing jpare at nfb.org. Thank you for your
>> assistance in
>>
>> this important matter.
>>
>> Sincerely:
>>
>> Chris Danielsen
>>
>> Christopher S. Danielsen
>>
>> Director of Public Relations
>>
>> NATIONAL FEDERATION OF THE BLIND
>>
>>
>> David Andrews and white cane Harry.
>>
>>
>>
>> _______________________________________________
>> blindlaw mailing list
>> blindlaw at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>> To unsubscribe, change your list options or get your account info
>> for blindlaw:
>>
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglob
> al.net
>>
>>
>> _______________________________________________
>> blindlaw mailing list
>> blindlaw at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>> To unsubscribe, change your list options or get your account info
>> for blindlaw:
>>
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/everett%40zufelt.c
> a
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> blindlaw:
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol
> .
> com
>
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> signature
> database 3971 (20090328) __________
>
> The message was checked by ESET NOD32 Antivirus.
>
> http://www.eset.com
>
>
>
>
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> signature
> database 3972 (20090328) __________
>
> The message was checked by ESET NOD32 Antivirus.
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> http://www.eset.com
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info
> for blindlaw:
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------------------------------
Message: 6
Date: Sat, 28 Mar 2009 09:17:16 -0700
From: Michael Fry <mikefry79 at gmail.com>
Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
inNewYork City
To: NFBnet Blind Law Mailing List <blindlaw at nfbnet.org>
Message-ID:
<8c58e54a0903280917t4d5b93ear95d903b361ddceab at mail.gmail.com>
Content-Type: text/plain; charset=ISO-8859-1
Without doing an in depth analysis of the issue I will simply say that I
strongly support the NFB on this issue. I'm very proud of the NFB
for courageously taking up a difficult fight whose positive outcome will in
all practical terms improve the lives of the blind. The Guild's neo-luddite
stance is shameful and wrong.
I will go so far as to say that any anti-technology or scientific
advancement policy or stance is detrimental to the visually impaired
community because it is only through this technology that the lot of the
visually impaired is appreciably improved and frankly the only path to
eventually curing blindness. But that's a broader message used perhaps as a
guideline that may already be tacitly incorporated into the NFB's mission
statement.
The NFB should form a coalition with it's other disability advocacy brothers
such as those with spinal cord injury ect. to oppose any luddite stances and
vigorously advocate the federal government for increased hard life
science research and development and less draconian regulations.
On Sat, Mar 28, 2009 at 5:25 AM, E.J. Zufelt <everett at zufelt.ca> wrote:
> Good morning,
>
> Interesting, I think that the word that persuades me here is performance.
> The argument then, as I understand it, is that the reading aloud, by a
> person or machine, of a work differs from an audio book that is commercially
> produced that would be considered a performance of the work. I think that I
> can accept that to be a reasonable distinction between the two. So, even if
> the ability to have a work read aloud impacts negatively on an authors
> return on investment, which it may not, it is as a result of evolving
> technology and is something that the authoring industry will need to deal
> with in the same manner as other industries must deal with the potential
> negative economic impact of evolving technology.
>
> Thanks for your thorough explanation,
> Everett
>
>
>
> On 28-Mar-09, at 8:16 AM, Chris Danielsen wrote:
>
> Hi Everett,
>>
>> First, let me say that not only are Federation members supportive of this
>> action, but we have in fact reached out to other disability organizations
>> representing individuals with spinal cord injuries, dyslexia and other
>> learning disabilities, and other print disabilities and they are all in
>> agreement with this position. Second, the issue here is not whether
>> authors
>> have the right to control their intellectual property, which they most
>> certainly do. The issue is whether they can parse up the uses of an e-book
>> that an individual has already paid for and claim that each potential use
>> of
>> it is an intellectual property right.
>>
>> The Authors Guild is upset because Amazon added a text-to-speech function
>> to
>> its Kindle 2, which means that downloaded e-books can be read aloud.
>> Initially, Amazon did not plan to include the ability to disable that
>> function; the company only backed down when the Authors Guild raised a
>> stink.. But the fact is that Amazon was initially legally correct to
>> believe
>> that there was no inherent intellectual property right involved. The
>> reading
>> aloud of text that one has purchased, in private, is not a copyright
>> violation but a fair use. To argue otherwise is to argue that parents who
>> read bedtime stories to their kids, or for that matter blind people who
>> have
>> a print textbook read aloud to them by a reader (human or machine), are
>> violating copyright law. This is ridiculous and every copyright lawyer
>> worth
>> his or her salt knows it; even the Authors Guild is now backing down from
>> it, arguing instead that the terms of their contracts prohibit this use.
>> It
>> makes absolutely no difference whether the reading aloud is done by a
>> human
>> or a machine, as long as there is no "public performance" or derivative
>> work
>> created.
>>
>> The Authors Guild wants what you have suggested--a registration system for
>> people with disabilities, who would then be allowed to unlock the
>> text-to-speech function. But more than just blind people are affected
>> here,
>> and many of them have disabilities that are not tied to a specific organic
>> cause and can't be medically diagnosed. Besides, who would administer this
>> system? Amazon? The Authors Guild? And more to the point, why should
>> disabled readers have to register to read a book that we have paid good
>> money for? The Guild's position is tantamount to saying, "You can buy our
>> e-books but you can't read them without clearance from us." It is
>> unacceptable and discriminatory.
>>
>> Bottom line; Everyone who pays good money for an e-book--which is not
>> inherently either a visual or audio work and could conceivably be
>> converted
>> into even more formats, including Braille--should be able to read it in
>> whatever form works best for them. The authors have a chance here to get
>> money from the disability community--a revenue stream they've never had
>> before since right now we get a lot of our reading material from free or
>> subscription services like NLS or Bookshare. But our money apparently
>> isn't
>> good enough for them. Sure, they're motivated not by keeping us out but by
>> trying to keep out the sighted, in order to make sure that the sighted
>> either pay a surcharge for text-to-speech or buy the much more expensive
>> audio book version. But that's just greed, not an intellectual property
>> dispute. And disabled people who have legitimate reading problems but
>> can't
>> "prove" them to the satisfaction of the Authors Guild will also have to
>> pay
>> that surcharge. This is wrong on many levels and it's lousy business too.
>> I
>> hope that in light of all this you will consider supporting our action.
>>
>> Library services for the blind and others have their place, but the advent
>> of the e-book means that we no longer have to be locked into those systems
>> and potentially will have access to a much broader array of literary
>> content. This has been the dream of the blind and others with print
>> disabilities for generations. We are not going to let a knee-jerk, poorly
>> thought out reaction from some authors organization take that dream away.
>>
>> Chris
>>
>>
>> -----Original Message-----
>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
>> Behalf Of E.J. Zufelt
>> Sent: Saturday, March 28, 2009 5:01 AM
>> To: NFBnet Blind Law Mailing List
>> Subject: Re: [blindlaw] Informational Picketing Against Authors Guild
>> inNewYork City
>>
>> Good morning,
>>
>> My concern with this action is whether or not the opinion expressed is
>> representative of NFB membership. I for one believe that Amazon is
>> well within their reasonable right to block this functionality from
>> titles on their site to perserve the authors rights to their
>> intellectual property.
>>
>> Perhaps a better approach would be for Amazon to be required to make
>> an unlocked version of the texts available to individuals who register
>> as text impaired. Understandably this method would have several
>> problems that would have to be negotiated between all concerned parties.
>>
>> Just my two cents,
>> Everett
>>
>>
>> On 28-Mar-09, at 4:36 AM, <ckrugman at sbcglobal.net> wrote:
>>
>> If the legislative alert system previously discussed on this list
>>> hade been implemented members from all over the country could
>>> respond with emails or faxes to the Authors Guild to address this
>>> issue. This would be much more effective then to expect Federations
>>> spending hundreds of dollars on plain fare and hotel accommodations
>>> for this cause. While the information definitely needs to be
>>> provided there are much more effective ways for this to be done.
>>> Charles L. Krugman, M.S.W., ParalegalPresident,
>>> NFB of California Central Valley Chapter
>>> 1237 P Street
>>> Fresno ca 93721
>>> 559-266-9237
>>> ----- Original Message ----- From: "David Andrews" <dandrews at visi.com>
>>> To: <david.andrews at nfbnet.org>
>>> Sent: Friday, March 27, 2009 1:40 PM
>>> Subject: [blindlaw] Informational Picketing Against Authors Guild in
>>> NewYork City
>>>
>>>
>>>
>>> From Chris Danielson:
>>>>
>>>
>>> Dear Fellow Federationists:
>>>
>>> As you may already know, Amazon, Inc. released the newest version of
>>> its
>>>
>>> e-book reader, the Kindle, on February 9 of this year. The Kindle 2
>>>
>>> includes a feature that allows e-books downloaded to it to be read
>>> aloud.
>>>
>>> The Authors Guild has objected to this feature because it believes
>>> these
>>>
>>> e-books are licensed only for visual display, and under pressure
>>> from the
>>>
>>> Guild, Amazon has decided to allow authors and publishers to decide
>>> which
>>>
>>> books can be read aloud by this device. Naturally, this is a blow
>>> to blind
>>>
>>> people and others with print disabilities who can benefit from the
>>>
>>> text-to-speech feature and who would love to be able to purchase
>>> books and
>>>
>>> start reading them immediately for the first time in history. For
>>> this
>>>
>>> reason the National Federation of the Blind has joined with other
>>>
>>> organizations representing people who cannot use print effectively
>>> to fight
>>>
>>> the Authors Guild.
>>>
>>> We plan to kick off our public education campaign to increase public
>>>
>>> pressure on the Authors Guild to reverse its stance with an
>>> informational
>>>
>>> protest in front of the Guild's headquarters in New York City. This
>>> picket
>>>
>>> will take place on Tuesday, April 7, from noon until 2:00 p.m. I am
>>> writing
>>>
>>> to you in hopes that you can organize members to come to this
>>> protest. A
>>>
>>> number of Federationists from Maryland are coming and we expect
>>>
>>> participation from other organizations in the coalition, but it
>>> would be
>>>
>>> very helpful if those of you with easy access to New York City would
>>> help us
>>>
>>> by providing more picketers. It is extremely important that we make a
>>>
>>> strong impression on the Authors Guild and the media so that our
>>> message
>>>
>>> will be heard.
>>>
>>> In the next few days you will receive more communications with
>>> additional
>>>
>>> logistical details, as well as more information about our position and
>>>
>>> suggestions on how to respond to questions from the media. In the
>>> meantime,
>>>
>>> if you have additional questions, please do not hesitate to contact
>>> me. As
>>>
>>> soon as you have an idea of how many people may be able to come to
>>> this
>>>
>>> event, please provide that information to John Par? by calling
>>> 410-659-9314,
>>>
>>> ext. 2227, or by e-mailing jpare at nfb.org. Thank you for your
>>> assistance in
>>>
>>> this important matter.
>>>
>>> Sincerely:
>>>
>>> Chris Danielsen
>>>
>>> Christopher S. Danielsen
>>>
>>> Director of Public Relations
>>>
>>> NATIONAL FEDERATION OF THE BLIND
>>>
>>>
>>> David Andrews and white cane Harry.
>>>
>>>
>>>
>>> _______________________________________________
>>> blindlaw mailing list
>>> blindlaw at nfbnet.org
>>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>> To unsubscribe, change your list options or get your account info
>>> for blindlaw:
>>>
>>>
>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglob
>> al.net
>>
>>>
>>>
>>> _______________________________________________
>>> blindlaw mailing list
>>> blindlaw at nfbnet.org
>>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>> To unsubscribe, change your list options or get your account info
>>> for blindlaw:
>>>
>>>
>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/everett%40zufelt.c
>> a
>>
>>
>> _______________________________________________
>> blindlaw mailing list
>> blindlaw at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> blindlaw:
>>
>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol
>> .
>> com
>>
>> __________ Information from ESET NOD32 Antivirus, version of virus
>> signature
>> database 3971 (20090328) __________
>>
>> The message was checked by ESET NOD32 Antivirus.
>>
>> http://www.eset.com
>>
>>
>>
>>
>> __________ Information from ESET NOD32 Antivirus, version of virus
>> signature
>> database 3972 (20090328) __________
>>
>> The message was checked by ESET NOD32 Antivirus.
>>
>> http://www.eset.com
>>
>>
>> _______________________________________________
>> blindlaw mailing list
>> blindlaw at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> blindlaw:
>>
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>>
>
>
> _______________________________________________
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> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> blindlaw:
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