[Electronics-talk] Amazon and Sony Are Requesting ThatThe Accessibility Requirement Be Waived for E-Book Readers
Christopher Chaltain
chaltain at gmail.com
Fri Aug 9 15:42:37 UTC 2013
Do you happen to have a link? I've read some pretty detailed articles
posted on list, but I haven't gone searching for the actual text of the
waiver yet.
My big concern is whether Amazon is including the Kindle Fire in their
waiver. From what I've read, I suspect they are. Even if any one thinks
the ereader manufacturers have a point, the Kindle Fire runs Android,
which other manufacturers have shown can be made accessible at little or
no cost. Amazon may not consider the Kindle Fire to be a tablet, and
they may not push it's ACS capabilities, but I think including the
Kindle Fire in the waiver pushes us pretty far down that slipper slope.
On 08/09/2013 10:31 AM, Baracco, Andrew W wrote:
> If you go to the FCC site and read the full text of the petition, it describes in detail exactly the type of device for which the waivure is sought.
>
> Andy
>
>
> -----Original Message-----
> From: Electronics-talk [mailto:electronics-talk-bounces at nfbnet.org] On Behalf Of Walter Cone
> Sent: Thursday, August 08, 2013 5:50 PM
> To: 'Discussion of accessible electronics and appliances'
> Subject: Re: [Electronics-talk] Amazon and Sony Are Requesting ThatThe Accessibility Requirement Be Waived for E-Book Readers
>
> Andy if you read the original message you will notice Amazon and Sony want
> to exempt all of the ebook readers. This shouldn't be a ha ha funny game to
> us blind people because Amazon and others are trying to use the ebook
> readers for educational purposes and if this happens what happens to us.
> Will we have to have a company like Freedom Unscientific or GW money maker
> make a special ebook reader for 1500 to 2000 dollars knowing the VA and the
> agencies for the blind will buy them?
>
>
> -----Original Message-----
> From: Electronics-talk [mailto:electronics-talk-bounces at nfbnet.org] On
> Behalf Of Baracco, Andrew W
> Sent: Thursday, August 08, 2013 12:46 PM
> To: Discussion of accessible electronics and appliances
> Subject: Re: [Electronics-talk] Amazon and Sony Are Requesting That The
> Accessibility Requirement Be Waived for E-Book Readers
>
> I agree with the manufacturers on this one. For example, this would only
> apply to one model of the Kindle, which they call the Paper White. It is
> designed to do only one thing, and that is to display the contents of a book
> in digitized text that looks like a printed page. It has no audio capability
> whatsoever. There is no way that this device could be made accessible except
> to create a whole new device, which would require a bigger battery, a more
> powerful processor, and more robust hardware and software. The AC standards
> would still apply to the more powerful and robust Kindle devices which are
> the ones that we would want anyway.
>
> Andy
>
>
> -----Original Message-----
> From: Electronics-talk [mailto:electronics-talk-bounces at nfbnet.org] On
> Behalf Of David Andrews
> Sent: Wednesday, August 07, 2013 6:20 PM
> To: blindtlk at nfbnet.org
> Subject: [Electronics-talk] 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.co
>> m/what-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>ht
>> tp://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-table
>> ts>http://gizmodo.com/5970460/5-ways-ereaders-are-still-better-than-tab
>> lets
>> ;
>> 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/
>> electronics/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-r
>> eader
>> (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/SB10001424127887323874204578219834160573
>> 010.html>http://online.wsj.com/article/SB100014241278873238742045782198
>> 34160573010.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-
>> which-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-a
>> s-a-leadership-tool/>http://www.itsworthnoting.com/productivity/using-a
>> -kindle-or-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/
>> product/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?catalo
>> gId=10551&storeId=10151&langId=->http://store.sony.com/webapp/wcs/store
>> s/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_20
>> 12.pdf>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://librar
>> ies.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/SB10001424052748703846604575448093175758
>> 872.html>http://online.wsj.com/article/SB100014240527487038466045754480
>> 93175758872.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/>h
>> ttp://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://w
>> ww.staples.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-paperw
>> hite>http://www.theverge.com/2012/9/6/3298500/this-is-my-next-kindle-pa
>> perwhite
>> .
>> 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-introduce
>> s-touch-electronic-readers/>http://www.geekwire.com/2011/chapter-electr
>> onic-readers-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
>> -book-reading->http://libraries.pewinternet.org/2012/12/27/e-book-readi
>> ng-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.emarket
>> er.com/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/928
>> 6
>>
>>
>>
>> Scott
>>
>> Sent from my iPhone
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