[blindlaw] Amazon and Sony Are Requesting That The Accessibility Requirement Be Waived for E-Book Readers
wmodnl wmodnl
wmodnl at hotmail.com
Sat Aug 10 00:30:38 UTC 2013
Here is my question:
What is lacking from the apps that you would need to do on something like a Kindle, Nook, etc? Personally, if the apps had all features, wouldn't we want that so we would not need to cary around another peace of technology?
Wouldn't this be a direct violation of the communications act of 2010, assuming the app limited usability for the user without a Kindle?
Sent from my iPad
On Aug 7, 2013, at 10:47 PM, "Sy Hoekstra" <sy.hoekstra at gmail.com> wrote:
> Ah yes, we blind people stand nothing to gain from the ability to read
> printed materials.
>
> Everyone, put away your computers, phones, tablets, etc. This e-mail means
> nothing to you. It is printed on a screen, and therefore it's value is an
> illusion. Whoever told you you should be reading has pulled the wool over
> your, um, well, you understand.
>
>
> -----Original Message-----
> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of David
> Andrews
> Sent: Wednesday, August 07, 2013 9:20 PM
> To: blindtlk at nfbnet.org
> Subject: [blindlaw] Amazon and Sony Are Requesting That The Accessibility
> Requirement Be Waived for E-Book Readers
>
>
>>
>> From: Howell, Scott (HQ-LE050)
>> Sent: Wednesday, August 07, 2013 5:00 AM
>> To: Moore, Craig E. (MSFC-EV43)
>> Subject: Fwd: Amazon and Sony Are Requesting
>> That The Accessibility Requirement Be Waived for E-Book Readers
>>
>>
>>
>> Craig,
>>
>>
>>
>> Sharing as information.
>>
>>
>>
>>
>>
>> Begin forwarded message:
>>
>>
>>
>> Amazon and Sony Are Requesting That The
>> Accessibility Requirement Be Waived for E-Book Readers
>>
>>
>>
>>
>> Details
>>
>>
>>
>> The ) Twenty-First Century Communications and
>> Video ) Accessibility Act of 2010 requires
>> companies who make electronic devices to make
>> them accessible to people with disabilities. At
>> this time, none of the Ebook readers that are on
>> the market meet this requirement. Since many
>> companies feel that this requirement should not
>> apply to Ebook readers, Amazon, Kobo, and Sony
>> have submitted a petition to the FCC asking for
>> a waiver. According to the petition, this is the
>> definition of an Ebook reader: "E-readers,
>> sometimes called e-book readers, are mobile
>> electronic devices that are designed, marketed
>> and used primarily for the purpose of reading
>> digital documents, including e-books and
>> periodicals." Since Ebook readers are primarily
>> designed for print reading, the companies are
>> arguing that the disabled community would not
>> significantly benefit from these devices
>> becoming accessible. They also argue that
>> because the devices are so simple, making the
>> changes to the devices to make them accessible,
>> would cause them to be heavier, have poorer
>> battery life, and raise the cost of the devices.
>> Finally, these companies argue that since their
>> apps are accessible on other devices such as the
>> iPad and other full featured tablets, that they
>> are already providing access to their content.
>> We've posted the complete filing from the FCC's
>> website below. Here is a
>> <http://apps.fcc.gov/ecfs/document/view?id=7022314526>link to the original
> .PDF
>>
>> Before the
>> FEDERAL COMMUNICATIONS COMMISSION
>> Washington, D.C. 20554
>> In the Matter of )
>> )
>> Implementation of Sections 716 and 717 of the ) CG Docket No. 10-213
>> Communications Act of 1934, as Enacted by the )
>> Twenty-First Century Communications and Video )
>> Accessibility Act of 2010 )
>> )
>> )
>> Petition for Waiver of Sections 716 and 717 )
>> of the Communications Act and Part 14 of the )
>> Commission’s Rules Requiring Access to )
>> Advanced Communications Services (ACS) and )
>> Equipment by People with Disabilities )
>> To: Chief, Consumer and Governmental Affairs Bureau
>> COALITION OF E-READER MANUFACTURERS
>> PETITION FOR WAIVER
>> Gerard J. Waldron
>> Daniel H. Kahn
>> COVINGTON & BURLING LLP
>> 1201 Pennsylvania Avenue NW
>> Washington, D.C. 20004-2401
>> (202) 662-6000
>> Counsel for the Coalition of E-Reader
>> Manufacturers
>> May 16, 2013
>> TABLE OF CONTENTS
>> I. INTRODUCTION AND SUMMARY
>> ...........................................................................
> ....
>> 1
>> II. E-READERS ARE A DISTINCT CLASS OF EQUIPMENT
>> ...........................................
>> 2
>> III. E-READERS ARE USED PRIMARILY FOR READING
>> ...............................................
>> 3
>> A. E-Readers Are Designed and Marketed for
>> Reading ..............................................
>> 4
>> B. E-Readers Are Not Designed or Marketed for
>> ACS ...............................................
>> 6
>> IV. THE REQUESTED WAIVER WILL ADVANCE THE PUBLIC INTEREST ................
>> 8
>> Before the
>> FEDERAL COMMUNICATIONS COMMISSION
>> Washington, D.C. 20554
>> In the Matter of )
>> )
>> Implementation of Sections 716 and 717 of the ) CG Docket No. 10-213
>> Communications Act of 1934, as Enacted by the )
>> Twenty-First Century Communications and Video )
>> Accessibility Act of 2010 )
>> )
>> )
>> Petition for Waiver of Sections 716 and 717 )
>> of the Communications Act and Part 14 of the )
>> Commission’s Rules Requiring Access to )
>> Advanced Communications Services (ACS) and )
>> Equipment by People with Disabilities )
>> To: Chief, Consumer and Governmental Affairs Bureau
>> PETITION FOR WAIVER
>> I. INTRODUCTION AND SUMMARY
>> Pursuant to 47 U.S.C. § 617(h)(1) and 47
>> C.F.R. §§ 1.3, 14.5, the Coalition of E-Reader
>> Manufacturers
>> 1
>> (hereinafter, “Coalition”) respectfully
>> requests that the Commission waive the
>> accessibility requirements for equipment used
>> for advanced communications services
>> (ACS) for
>> a single class of equipment: e-readers. This
>> Petition demonstrates that e-readers
>> are devices
>> designed, built, and marketed for a single
>> primary purpose: to read written material
>> such as
>> books, magazines, newspapers, and other text
>> documents on a mobile electronic device.
>> The
>> public interest would be served by granting this
>> petition because the theoretical
>> ACS ability of e-
>> readers is irrelevant to how the overwhelming
>> majority of users actually use the
>> devices.
>> Moreover, the features and content available on
>> e-readers are available on a wide
>> range of multi-
>> 1 The Coalition of E-Reader Manufacturers
>> consists of <http://Amazon.com/>Amazon.com, Inc.; Kobo Inc.;
>> and Sony Electronics Inc.
>> purpose equipment, including tablets, phones,
>> and computers, all of which possess
>> integrated
>> audio, speakers, high computing processing
>> power, and applications that are optimized
>> for ACS.
>> As explained below, e-readers are a distinct
>> class of equipment built for the specific
>> purpose of reading. They are designed with
>> special features optimized for the reading
>> experience and are marketed as devices for
>> reading. Although they have a similar
>> shape and size
>> to general-purpose tablet computers, e-readers
>> lack many of tablets’ features for
>> general-purpose
>> computing, including ACS functions. E-readers
>> simply are not designed, built, or
>> marketed for
>> ACS, and the public understands the distinction
>> between e-readers and general-purpose
>> tablets.
>> Granting the petition is in the public interest
>> because rendering ACS accessible
>> on e-readers
>> would require fundamentally altering the devices
>> to be more like general-purpose
>> tablets in cost,
>> form factor, weight, user interface, and reduced
>> battery life, and yet the necessary
>> changes, if
>> they were made, would not yield a meaningful
>> benefit to individuals with disabilities.
>> II. E-READERS ARE A DISTINCT CLASS OF EQUIPMENT
>> The Commission requires that a class waiver be
>> applicable to a “carefully defined”
>> class
>> of devices that “share common defining characteristics.”
>> 2
>> E-readers are such a class. E-readers,
>> sometimes called e-book readers, are mobile
>> electronic devices that are designed,
>> marketed and
>> used primarily for the purpose of reading
>> digital documents, including e-books and
>> periodicals.
>> 3
>> The noteworthy features of e-readers include
>> electronic ink screens optimized for
>> reading
>> 2 14 C.F.R. § 14.5(b); Implementation of
>> Sections 716 and 717 of the Communications
>> Act of 1934, as Enacted by
>> the Twenty-First Century Communications and
>> Video Accessibility Act of 2010, CG Docket
>> No. 10-213, WT
>> Docket No. 96-168, CG Docket No. 10-145, Report
>> and Order and Further Notice of Proposed
>> Rulemaking, 26 FCC
>> Rcd 14557, 14639 (2011) [hereinafter ACS Report
>> and Order]; Implementation of Sections
>> 716 and 717 of the
>> Communications Act of 1934, as Enacted by the
>> Twenty-First Century Communications
>> and Video Accessibility
>> Act of 2010, CEA, NCTA, ESA, Petitions for Class
>> Waivers of Sections 716 and 717
>> of the Communications Act
>> and Part 14 of the Commission’s Rules Requiring
>> Access to Advanced Communications
>> Services (ACS) and
>> Equipment by People with Disabilities, Order, 27
>> FCC Rcd 12970, 12973 (2012) [hereinafter
>> Waiver Order].
>> 3 “An e-reader is an electronic reading device
>> used to view books, magazines, and
>> newspapers in a digital format.”
>> What is an E-Reader?, wiseGEEK,
>> <http://www.wisegeek.com/what-is-an-E-reader.htm>http://www.wisegeek.com/wh
> at-is-an-E-reader.htm
>> (last visited May 16, 2013).
>> (including in direct sunlight) and designed to
>> minimize eye strain during extended
>> reading
>> sessions. They also facilitate acquisition of
>> e-publications and their user interfaces,
>> both
>> hardware and software features, are designed
>> around reading as the primary user function.
>> As
>> explained more fully below, another important
>> aspect of e-readers is the features
>> they do not
>> contain, which distinguishes them from general
>> purpose devices such as tablets. Examples
>> of e-
>> readers include the Amazon Kindle E-Reader, the Sony Reader, and the Kobo
> Glo.
>> In 2006, Sony launched the first e-reader
>> available in the U.S. utilizing electronic
>> ink, and
>> since that time the number of manufacturers and
>> models has expanded substantially.
>> 4
>> Seven
>> years is a long time in the modern digital age,
>> and the public understands that although
>> e-readers
>> may be somewhat similar in shape and size to
>> general-purpose tablets, e-readers are
>> aimed at a
>> specific function.
>> 5
>> The distinctions between e-readers and tablets are explored next.
>> 4 Michael Sauers, History of eBooks & eReaders,
>> Technology Innovation Librarian,
>> Nebraska Library Commission,
>> (Oct. 14, 2011),
>> <http://www.slideshare.net/nebraskaccess/history-of-e-books-ereaders>http:/
> /www.slideshare.net/nebraskaccess/history-of-e-books-ereaders
>> .
>> 5 Product buying guides commonly reflect this
>> distinction. See, e.g., Brian Barrett,
>> 5 Ways Ereaders Are Still Better
>> Than Tablets, Gizmodo (Dec. 12, 2012),
>> <http://gizmodo.com/5970460/5-ways-ereaders-are-still-better-than-tablets>h
> ttp://gizmodo.com/5970460/5-ways-ereaders-are-still-better-than-tablets
>> ;
>> Paul Reynolds, 5 Reasons to Buck the Tide and
>> Buy an E-book Reader, <http://ConsumerReports.org/>ConsumerReports.org
>> (Apr. 22, 2013),
>> <http://news.consumerreports.org/electronics/2013/04/5-reasons-to-buck-the-
> tide-and-buy-an-e-book-reader.html>http://news.consumerreports.org/electroni
> cs/2013/04/5-reasons-to-buck-the-tide-and-buy-an-e-book-reader.html
>> .
>> Wikipedia, an aggregator of knowledge and
>> therefore a useful measure of conventional
>> understanding, differentiates
>> e-readers from tablets, explaining that, among
>> other differences, “[t]ablet computers
>> . . . are more versatile, allowing
>> one to consume multiple types of content . . .
>> .” It states that “[a]n e-book reader,
>> also called an e-book device or e-
>> reader, is a mobile electronic device that is
>> designed primarily for the purpose
>> of reading digital e-books and
>> periodicals.” Wikipedia, E-Book Reader,
>> <http://en.wikipedia.org/wiki/E-reader>http://en.wikipedia.org/wiki/E-reade
> r
>> (last visited May 16, 2013).
>> 6 47 C.F.R. § 14.5(a)(ii).
>> III. E-READERS ARE USED PRIMARILY FOR READING
>> E-readers are “designed primarily for purposes other than using” ACS.
>> 6
>> Specifically,
>> they are designed to be used for reading.
>> Moreover, they are marketed as tools for
>> reading, and
>> reading is their predominant use. Conversely,
>> e-readers are not designed or marketed
>> as tools for
>> using ACS.
>> A. E-Readers Are Designed and Marketed for Reading
>> In contrast to general-purpose tablets, the
>> features in e-readers are designed and
>> built
>> around reading as the primary function. Features
>> that e-readers possess for reading
>> optimization
>> include:
>> • Screens optimized to reduce eyestrain and prevent glare;
>> 7
>> • Low power consumption and extremely long
>> battery life to facilitate long reading
>> sessions and use during extended travel;
>> 8
>> • Navigation that place reading features,
>> including e-publication acquisition, front
>> and center;
>> 9
>> and
>> • Built-in reading tools such as highlighting,
>> bookmarking, and lookup features.
>> 10
>> 7 See Dr. Shirley Blanc, E-readers: Better for Your Eyes?, Medcan Clinic,
>> <http://www.medcan.com/articles/e->http://www.medcan.com/articles/e-
>> readers_better_for_your_eyes/
>> (last visited May 16, 2013) (“E-readers have
>> improved the level of text/background
>> contrast, and the matte quality of the screen
>> can reduce glare even in bright sunlight.”).
>> 8 See Greg Bensinger, The E-Reader Revolution:
>> Over Just as It Has Begun?, Wall St.
>> J., Jan. 4, 2013,
>> <http://online.wsj.com/article/SB10001424127887323874204578219834160573010.
> html>http://online.wsj.com/article/SB100014241278873238742045782198341605730
> 10.html
>> (stating that compared to
>> tablets, “dedicated e-readers have . . . a
>> different style of display [that] improves
>> their battery life”).
>> 9 See John P. Falcone, Kindle vs. Nook vs. iPad:
>> Which E-book Reader Should You Buy?,
>> CNET (Dec. 17, 2012),
>> <http://news.cnet.com/8301-17938_105-20009738-1/kindle-vs-nook-vs-ipad-whic
> h-e-book-reader-should-you-buy/>http://news.cnet.com/8301-17938_105-20009738
> -1/kindle-vs-nook-vs-ipad-which-e-book-reader-should-you-buy/
>> (noting that an advantage of e-readers is
>> fewer distracting features not focused
>> on reading).
>> 10 See Levy Smith, Using a Kindle or eReader as
>> a Leadership Tool (Sept. 13, 2010),
>> <http://www.itsworthnoting.com/productivity/using-a-kindle-or-ereader-as-a-
> leadership-tool/>http://www.itsworthnoting.com/productivity/using-a-kindle-o
> r-ereader-as-a-leadership-tool/
>> (“With an eReader, you
>> can effortlessly highlight and comment as you
>> read and either share quotes or musings
>> real time. . . .”).
>> 11 Falcone, supra note
>> 9
>> .
>> 12 See Barrett, supra note
>> 5
>> .
>> Product reviews emphasize the centrality of
>> reading to the design of e-readers.
>> For
>> instance, technology review site CNET explains
>> that “[i]f you want to stick with
>> ‘just reading’ . .
>> . an e-ink reader is probably your best bet.”
>> 11
>> Similarly, popular technology blog Gizmodo
>> explains that e-readers “do one thing well . . .
>> reading. And that’s a blessing.”
>> 12
>> Consistent with these features, e-readers are
>> marketed to readers with one activity
>> in
>> mind: reading. For example, on the Amazon
>> product listing for the 5th generation
>> Kindle E-
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> Reader, all nine bullets at the top of the page
>> describing the device contain phrases
>> referring to
>> books or reading, including “lighter than a
>> paperback,” “for easier reading,” “[r]eads
>> like paper,”
>> “[d]ownload books,” “[h]olds over 1,000 books,”
>> “[m]assive book selection,” “books
>> by best-
>> selling authors,” “[s]upports children’s books,” and “[l]ending [l]ibrary.”
>> 13 Amazon Kindle 5th Generation E-Ink Product Listing,
>> <http://www.amazon.com/gp/product/B007HCCNJU/>http://www.amazon.com/gp/prod
> uct/B007HCCNJU/
>> (last
>> visited May 16, 2013).
>> 14 Id.
>> 15 Kobo Aura HD Overview,
>> <http://www.kobo.com/koboaurahd>http://www.kobo.com/koboaurahd
>> (last visited May 16, 2013).
>> 16 Sony Reader,
>> <https://ebookstore.sony.com/reader/>https://ebookstore.sony.com/reader/
>> (last visited May 16, 2013).
>> 17 Sony Reader Product Listing,
>> <http://store.sony.com/webapp/wcs/stores/servlet/CategoryDisplay?catalogId=
> 10551&storeId=10151&langId=->http://store.sony.com/webapp/wcs/stores/servlet
> /CategoryDisplay?catalogId=10551&storeId=10151&langId=-
>> 1&identifier=S_Portable_Reader
>> (last visited May 16, 2013).
>> 18 Ofcom, Communications Market Report 2012, at 7 (July 18, 2012),
>> <http://stakeholders.ofcom.org.uk/binaries/research/cmr/cmr12/CMR_UK_2012.p
> df>http://stakeholders.ofcom.org.uk/binaries/research/cmr/cmr12/CMR_UK_2012.
> pdf
>> .
>> Not surprisingly based on this design and
>> marketing, e-readers are used overwhelmingly
>> for reading. An Ofcom analysis on the
>> communications marketplace in the U.K. states
>> that
>> “almost all consumers use their e-reader to read books.”
>> 18
>> Indicative of the utility of e-readers
>> for reading, multiple studies show that reading
>> electronically on an e-reader increases
>> the amount
>> of time individuals spend reading.
>> for reading, multiple studies show that reading
>> electronically on an e-reader increases
>> the amount
>> of time individuals spend reading.
>> for reading, multiple studies show that reading
>> electronically on an e-reader increases
>> the amount
>> of time individuals spend reading.
>> 19 See id. (“E-readers have a positive impact on
>> the amount people read.”); Lee Rainie
>> et al., Pew Internet &
>> American Life Project, The Rise of E-Reading, Apr. 4, 2012,
>> <http://libraries.pewinternet.org/2012/04/04/the-rise-of->http://libraries.
> pewinternet.org/2012/04/04/the-rise-of-
>> e-reading/
>> (“On any given day 56% of those who own e-book
>> reading devices are reading a book,
>> compared with
>> 45% of the general book-reading public who are
>> reading a book on a typical day.”);
>> Geoffrey A. Fowler & Marie C.
>> Baca, The ABCs of E-Reading, Wall St. J., Aug. 24, 2010,
>> <http://online.wsj.com/article/SB10001424052748703846604575448093175758872.
> html>http://online.wsj.com/article/SB100014240527487038466045754480931757588
> 72.html
>> (explaining that a study of
>> 1,200 e-reader owners by Marketing and Research
>> Resources Inc. concludes that “[p]eople
>> who buy e-readers tend
>> to spend more time than ever with their nose in a book.”).
>> 20 Bensinger, supra note
>> 8
>> .
>> 21 Piotr Kowalczyk, These 12 Questions Will Help
>> You Choose Between Tablet and E-reader,
>> eBook Friendly (Apr.
>> 8, 2013),
>>
>> <http://ebookfriendly.com/2013/04/08/tablet-or-ereader-questionnaire/>http:
> //ebookfriendly.com/2013/04/08/tablet-or-ereader-questionnaire/
>> (“E-paper screens are not meant for
>> active usage – their refresh rate is too low.”).
>> 22 Bensinger, supra note
>> 8
>> (stating that, unlike e-readers, “ever cheaper
>> tablet computers can be used . .
>> . as Web
>> browsers, game consoles and cameras”).
>> 23 See, e.g., Kindle 5th Generation E-Ink, supra note
>> 13
>> (comparing hard drive capacities of Kindle e-reader versus
>> tablet devices).
>> 24 See, e.g., id.
>> B. E-Readers Are Not Designed or Marketed for ACS
>> E-readers are not general-purpose devices and
>> lack the features and broad capabilities
>> of
>> tablets. Instead, as discussed above, they are
>> optimized only for reading and obtaining
>> reading
>> material. Features common to tablets that e-readers consistently lack
> include:
>> • Color screens;
>> 20
>> • Screens with fast refresh rates sufficient for interaction and video;
>> 21
>> • Cameras;
>> 22
>> • High-capacity storage sufficient for multimedia files;
>> 23
>> and
>> • Higher-powered CPU processors and GPU processors for accelerated
> graphics.
>> 24
>> Additionally, e-readers typically do not possess
>> microphones or quality speakers.
>> Examination of an e-reader establishes that
>> these devices are not designed with
>> ACS as
>> an intended feature, even on a secondary basis.
>> These purposeful hardware limitations
>> drive e-
>> readers’ primary purpose: reading. As a result,
>> e-readers cannot display videos at
>> an acceptable
>> quality, and most cannot generate audio output or record audio input.
>> readers’ primary purpose: reading. As a result,
>> e-readers cannot display videos at
>> an acceptable
>> quality, and most cannot generate audio output or record audio input.
>> readers’ primary purpose: reading. As a result,
>> e-readers cannot display videos at
>> an acceptable
>> quality, and most cannot generate audio output or record audio input.
>> readers’ primary purpose: reading. As a result,
>> e-readers cannot display videos at
>> an acceptable
>> quality, and most cannot generate audio output or record audio input.
>> readers’ primary purpose: reading. As a result,
>> e-readers cannot display videos at
>> an acceptable
>> quality, and most cannot generate audio output or record audio input.
>> readers’ primary purpose: reading. As a result,
>> e-readers cannot display videos at
>> an acceptable
>> quality, and most cannot generate audio output or record audio input.
>> readers’ primary purpose: reading. As a result,
>> e-readers cannot display videos at
>> an acceptable
>> quality, and most cannot generate audio output or record audio input.
>> 25 Staples, Tablet Versus eReader,
>> <http://www.staples.com/sbd/cre/marketing/technology-research->http://www.s
> taples.com/sbd/cre/marketing/technology-research-
>> centers/tablets/tablets-versus-ereaders.html
>> (last visited May 16, 2013) (“Tablets give you far more options for
>> multimedia as well. They can upload and play
>> audio and of course video . . . .”).
>> 26 See, e.g., Kowalczyk, supra note
>> 21
>> (“You can use [tablets] for other
>> [non-reading] purposes, like emails, social
>> media, web browsing, video, games.”).
>> 27 Bensinger, supra note
>> 8
>> (stating that e-readers have “more-limited
>> capabilities, which often include monochrome
>> screens and rudimentary Web surfing” while
>> “[t]ablet computers . . . have . . . full
>> Web browsing.”).
>> 28 See, e.g., Kindle 5th Generation E-Ink, supra note
>> 13
>> ; Kobo Aura HD, supra note
>> 15
>> ; Sony Reader Product
>> Listing, supra note
>> 17
>> . Kindle e-readers offer a feature by which
>> users and their pre-approved contacts
>> can e-mail
>> pre-existing document so that the documents can
>> be read on the Kindle. However, this
>> is a feature to facilitate
>> reading of pre-existing documents in an E-Ink
>> format; it is not marketed as or useful
>> as a tool for real-time or near
>> real-time text-based communication between
>> individuals. See Kindle 5th Generation
>> E-Ink, supra note
>> 13
>> .
>> E-readers are not marketed based on their
>> ability to access ACS. The webpage listings
>> for e-readers do not mention or describe any ACS
>> features such as e-mail, instant
>> messaging,
>> calling, VoIP, or interoperable video conferencing (or video at all).
>> 28
>> That is consistent with the
>> fact that e-readers are marketed as devices for
>> reading, not for general-purpose
>> use. In fact,
>> many view the absence of robust communication
>> tools on e-readers as a welcome break
>> from
>> distraction rather than as a limitation. For
>> instance, Paul Reynolds of Consumer
>> Reports
>> explains that “I read with fewer interruptions
>> (so more rapidly) on a reader--since
>> I can’t as
>> easily distract myself by checking e-mail or
>> news headlines with a tap or two.”
>> many view the absence of robust communication
>> tools on e-readers as a welcome break
>> from
>> distraction rather than as a limitation. For
>> instance, Paul Reynolds of Consumer
>> Reports
>> explains that “I read with fewer interruptions
>> (so more rapidly) on a reader--since
>> I can’t as
>> easily distract myself by checking e-mail or
>> news headlines with a tap or two.”
>> many view the absence of robust communication
>> tools on e-readers as a welcome break
>> from
>> distraction rather than as a limitation. For
>> instance, Paul Reynolds of Consumer
>> Reports
>> explains that “I read with fewer interruptions
>> (so more rapidly) on a reader--since
>> I can’t as
>> easily distract myself by checking e-mail or
>> news headlines with a tap or two.”
>> many view the absence of robust communication
>> tools on e-readers as a welcome break
>> from
>> distraction rather than as a limitation. For
>> instance, Paul Reynolds of Consumer
>> Reports
>> explains that “I read with fewer interruptions
>> (so more rapidly) on a reader--since
>> I can’t as
>> easily distract myself by checking e-mail or
>> news headlines with a tap or two.”
>> many view the absence of robust communication
>> tools on e-readers as a welcome break
>> from
>> distraction rather than as a limitation. For
>> instance, Paul Reynolds of Consumer
>> Reports
>> explains that “I read with fewer interruptions
>> (so more rapidly) on a reader--since
>> I can’t as
>> easily distract myself by checking e-mail or
>> news headlines with a tap or two.”
>> many view the absence of robust communication
>> tools on e-readers as a welcome break
>> from
>> distraction rather than as a limitation. For
>> instance, Paul Reynolds of Consumer
>> Reports
>> explains that “I read with fewer interruptions
>> (so more rapidly) on a reader--since
>> I can’t as
>> easily distract myself by checking e-mail or
>> news headlines with a tap or two.”
>> many view the absence of robust communication
>> tools on e-readers as a welcome break
>> from
>> distraction rather than as a limitation. For
>> instance, Paul Reynolds of Consumer
>> Reports
>> explains that “I read with fewer interruptions
>> (so more rapidly) on a reader--since
>> I can’t as
>> easily distract myself by checking e-mail or
>> news headlines with a tap or two.”
>> 29 Reynolds, supra note
>> 5
>> .
>> 30 Falcone, supra note
>> 9
>> . Another reviewer states, “I’m not interested
>> in the tablet e-readers; I want a
>> dedicated
>> reading device without the distraction of
>> Twitter or games or email. I want the contrast
>> and readability of e Ink. I
>> want access to the best and most varied content.
>> I want a battery life the length
>> of War and Peace (months). I want a
>> device that is light in the hand . . . .” Laura
>> Jane, This is My Next: Kindle Paperwhite,
>> The Verge (Sept. 6, 2012),
>> <http://www.theverge.com/2012/9/6/3298500/this-is-my-next-kindle-paperwhite
>> http://www.theverge.com/2012/9/6/3298500/this-is-my-next-kindle-paperwhite
>> .
>> 31 John Cook, Kobo Opens a New Chapter,
>> Introduces ‘Touch’ To E-reader, Geekwire
>> (May 23, 2011),
>> <http://www.geekwire.com/2011/chapter-electronic-readers-kobo-introduces-to
> uch-electronic-readers/>http://www.geekwire.com/2011/chapter-electronic-read
> ers-kobo-introduces-touch-electronic-readers/
>> .
>> IV. THE REQUESTED WAIVER WILL ADVANCE THE PUBLIC INTEREST
>> Rendering ACS accessible on e-readers would
>> require fundamentally altering the devices
>> and it may not be possible to meet that
>> requirement and maintain e-readers as inexpensive
>> mobile reading devices, and yet the necessary
>> changes, if they were made, would not
>> yield a
>> meaningful benefit to individuals with
>> disabilities. As described above, e-readers
>> are not
>> designed to provide ACS features and
>> applications. Any consumer who uses a browser
>> on an e-
>> reader to access ACS would have a very
>> low-quality experience. Rendering ACS accessible
>> for
>> disabled persons on e-readers would impose
>> substantial and ongoing engineering, hardware,
>> and
>> licensing costs because the devices would first
>> have to be redesigned and optimized
>> for ACS. It
>> would be necessary to add hardware such as
>> speakers, more powerful processors, and
>> faster-
>> refreshing screens. It also would be necessary
>> to revise the software interface in
>> e-readers to
>> build in infrastructure for ACS and then render
>> that infrastructure accessible. In
>> short, the
>> mandate would be to convert e-readers into
>> something they are not: a general purpose
>> device.
>> It is not merely cost but the very nature of a
>> specialized e-reader device that
>> is at issue.
>> Adding a substantial range of hardware and new
>> software changes the fundamental nature
>> of e-
>> reader devices. A requirement to make these
>> changes would alter the devices’ form
>> factor,
>> weight, and battery life and could undercut the
>> distinctive features, advantages,
>> price point, and
>> viability of e-readers. In particular, the
>> higher power consumption necessary to
>> support a faster
>> refresh rate necessary for high-interaction
>> activities such as email would put e-reader
>> power
>> consumption on par with that of a tablet,
>> whereas today the lower power consumption
>> and
>> resulting far-longer battery life of e-readers is a key selling point.
>> As a result of all of these changes, e-readers
>> would be far more similar to general-purpose
>> tablets in design, features, battery life, and
>> cost, possibly rendering single-purpose
>> devices
>> redundant. Today, many Americans choose to own
>> both a tablet and an e-reader. According
>> to a
>> recent Pew study, as of November 2012, 19% of
>> Americans age 16 and older own an e-reader,
>> 25% own a tablet, and 11% own both an e-reader and a tablet.
>> 32
>> Consistent with this purchasing
>> pattern, Gizmodo warns its readers, “don’t
>> assume that because you have [a tablet],
>> you don’t
>> 32 Lee Rainie & Maeve Duggan, E-book Reading
>> Jumps; Print Book Reading Declines,
>> Pew Internet & American
>> Life Project, Dec. 27, 2012,
>> <http://libraries.pewinternet.org/2012/12/27/e-book-reading-jumps-print-boo
> k-reading->http://libraries.pewinternet.org/2012/12/27/e-book-reading-jumps-
> print-book-reading-
>> declines/
>> .
>> need [an e-reader].”
>> need [an e-reader].”
>> need [an e-reader].”
>> need [an e-reader].”
>> need [an e-reader].”
>> need [an e-reader].”
>> need [an e-reader].”
>> 33 Barrett, supra note
>> 5
>> . As explained below, this quote does not apply
>> to individuals who are blind or have
>> low
>> vision, for whom e-readers do not provide
>> additional functionality that is not available
>> from a more versatile
>> smartphone or tablet.
>> 34 Innovations developed for e-readers in recent
>> years include that “[t]he devices
>> looked sleeker, they were easier to
>> read, they weighed less, their pages turned
>> faster, and they held more books. Wireless
>> capability allowed users to
>> download novels, magazines and newspapers
>> wherever they were, whenever they wanted,
>> and now the devices
>> allow for reading in the dark.” Bensinger, supra note
>> 8
>> . More recently, “[t]here have also been major improvements
>> in e-readers, including touch-screen technology
>> and self-lighting screens.” Id.
>> 35 The Commission has recognized that “if the
>> inclusion of an accessibility feature
>> in a product or service results in a
>> fundamental alteration of that product or
>> service, then it is per se not achievable
>> to include that accessibility
>> function.” ACS Report and Order, 26 FCC Rcd at
>> 14610. The House Report similarly
>> states that “if the inclusion
>> of a feature in a product or service results in
>> a fundamental alteration of that
>> service or product, it is per se not
>> achievable to include that feature.” H.R. Rep.
>> No. 111-563, at 24-25 (2010) (“House
>> Report”). While the
>> achievability and primary purpose waiver
>> analyses differ, this demonstrates that
>> Congress and the Commission
>> recognize that requiring a fundamental
>> alteration is not in the public interest or
>> consistent with the CVAA.
>> 36 House Report at 26; S. Rep. No. 111-386, at 8 (2010).
>> In enacting the CVAA, Congress did not intend
>> to mandate the effective elimination
>> of a
>> niche product primarily designed for non-ACS
>> uses merely because of the presence
>> of an
>> ancillary browser purpose-built to support
>> reading activities on some devices within
>> the class.
>> As both the Senate and House Reports explained
>> in describing the primary purpose
>> waiver
>> provision embodied in Section 716(h), “[f]or
>> example, a device designed for a purpose
>> unrelated
>> to accessing advanced communications might also
>> provide, on an incidental basis,
>> access to such
>> services. In this case, the Commission may find
>> that to promote technological innovation
>> the
>> accessibility requirements need not apply.”
>> 36
>> The example of e-readers is just the “incidental
>> basis” ACS that Congress intended for the waiver provision to encompass.
>> Finally, rendering e-readers accessible would
>> not substantially benefit individuals
>> with
>> disabilities. Persons with disabilities,
>> including individuals who are blind and
>> wish to access e-
>> books and other electronic publications, would
>> have a poor ACS experience even on
>> accessible
>> e-reader devices. Because of the inherent
>> limitations of browsers in e-readers, a
>> fact that will not
>> change without a wholesale redesign of
>> e-readers, the ACS experience on such devices
>> is
>> suboptimal whether a user has disabilities or not.
>> Further, individuals with disabilities have
>> accessible options today, and these
>> options will
>> soon expand significantly even if the waiver is
>> granted. For the niche purpose of
>> reading, high-
>> quality free alternatives to e-readers are
>> available. The free Kindle Reading, Sony
>> Reader, and
>> Kobo eReading apps, which provide access to the
>> same range of e-publications available
>> to the
>> owners of the respective companies’ e-readers
>> (and in some cases a greater range),
>> are available
>> for free on an array of mobile phones, tablets, PCs, and Macs.
>> 37
>> Makers of tablets, smartphones,
>> and computers are working actively to make their
>> general-purpose audio-enabled devices
>> accessible, consistent with the CVAA. As
>> required by the CVAA, ACS will be accessible
>> on
>> these devices, all of which have integrated
>> audio, speakers, high computing processing
>> power,
>> and applications that are optimized for ACS.
>> Moreover, the accessibility that is
>> required by the
>> CVAA will ensure that many of the “layers” of
>> these devices will support and provide
>> accessibility features and capabilities that are
>> of value beyond the purely ACS context.
>> 38
>> Put
>> simply, individuals with disabilities have
>> better ACS options on devices other than
>> e-readers.
>> 37 Falcone, supra note
>> 9
>> . Additionally, users can read books via the Web
>> on all of the services but Sony
>> Reader. Id.
>> 38 See ACS Report and Order, 26 FCC Rcd at
>> 14584-85 (identifying eight key “layers”
>> of devices and explaining
>> that “[f]or individuals with disabilities to use
>> an advanced communications service,
>> all of these components may
>> have to support accessibility features and capabilities”).
>> A waiver of the Commission’s rule is justified
>> because, in contrast to other classes
>> of
>> equipment for which temporary waivers have been
>> granted, e-readers are a well-established
>> class
>> that is not experiencing “convergence” toward becoming a multipurpose
> device.
>> that is not experiencing “convergence” toward becoming a multipurpose
> device.
>> that is not experiencing “convergence” toward becoming a multipurpose
> device.
>> that is not experiencing “convergence” toward becoming a multipurpose
> device.
>> that is not experiencing “convergence” toward becoming a multipurpose
> device.
>> that is not experiencing “convergence” toward becoming a multipurpose
> device.
>> that is not experiencing “convergence” toward becoming a multipurpose
> device.
>> 39 Cf. Waiver Order, 27 FCC Rcd at 12977-78,
>> 12981, 12990-91 (describing possibility
>> of convergence in classes of
>> devices for which waivers were granted).
>> 40 Moreover, it is generally expected that
>> demand for e-readers will continue well
>> into the future. One study by the
>> Market Intelligence & Consulting Institute
>> projects 23.0 million units of e-reader
>> sales worldwide in 2016. See
>> eMarketer, Ereader Shipments on the Rise (Nov. 8, 2012),
>> <http://www.emarketer.com/Article/Ereader-Shipments->http://www.emarketer.c
> om/Article/Ereader-Shipments-
>> on-Rise/1009471
>> . A different study by IHS iSuppli projects
>> worldwide sales of e-readers at 7.1 million
>> units in
>> 2016. See Barrett, supra note
>> 5
>> . Assessing the more pessimistic of these
>> studies, Gizmodo concludes that e-readers
>> are “great, they’re cheap, and they're not going anywhere.” Id.
>> 41 Accordingly, a waiver that extends across
>> multiple generations is justified. See
>> ACS Report and Order, 26 FCC
>> Rcd at 14640.
>> * * *
>> For the reasons set forth above, and
>> consistent with Section 716 of the Act and
>> the
>> Commission’s rules, the Coalition requests that
>> the Commission grant the e-reader
>> class waiver,
>> as is consistent with the public interest.
>> Respectfully submitted,
>> Gerard J. Waldron
>> Daniel H. Kahn
>> COVINGTON & BURLING LLP
>> 1201 Pennsylvania Avenue NW
>> Washington, D.C. 20004-2401
>> (202) 662-6000
>> Counsel for <http://Amazon.com/>Amazon.com, Inc.; Kobo Inc.;
>> and Sony Electronics Inc.
>> May 16, 2013
>> Displaying 2 comments.
>>
>> <http://www.blindbargains.com/view.php?u=1260>jcast yesterday 11:53 PM ET:
>>
>> To me, there seems to be no excuse for leave
>> accessibility out of these devices. The claim
>> that incorporating accessibility will make the
>> e-book readers heavier and have less battery
>> life is utterly ridiculous. There are so many
>> examples of accessible mobile devices these days
>> which work perfectly and for which accessibility
>> is transparent or not even known to those not
>> needing it. Amazon and Sony, do what you wish,
>> but your actions will reflect equally on you.
>> <http://www.blindbargains.com/view.php?u=1260>jcast today 2:25 PM ET:
>>
>> You must be logged in to post comments.
>>
>>
>> Share this Post
>>
>>
>>
>>
>>
>> ----------
>> <http://www.blindbargains.com/b/9286>http://www.blindbargains.com/b/9286
>>
>>
>>
>> Scott
>>
>> Sent from my iPhone
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