[blindlaw] Fw: Reading Rights Coalition Urges Authors to Allow Everyone Access to E-books

Tue Mar 31 14:12:38 UTC 2009

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.
>>>>
>>>>
>>>>
>>>> ###
>>>>
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-- 
-Shane
Website: http://www.blind-geek.com
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Skype: chatter8712
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