[Electronics-talk] Amazon and Sony Are Requesting ThatThe Accessibility Requirement Be Waived for E-Book Readers
A. Chew
a1chew at hotmail.com
Fri Aug 9 16:22:51 UTC 2013
great that you and others are willing to read and research before
reacting to the "headlines".
A. Chew
In Sharks Territory
No Stanley cup again...
On 8/9/2013 9:06 AM, Christopher Chaltain wrote:
> Ah, good to know. Thanks for the information.
>
> On 08/09/2013 10:59 AM, Baracco, Andrew W wrote:
>> They are not. They are requesting exemption for the Paper White,
>> which has no audio capability, and can access the internet only for
>> the purpose of retrieving books. Actually, the kindle Fire runs
>> Android 4.0, and they are working on implementing Explore by Touch.
>>
>> Andy
>>
>>
>> -----Original Message-----
>> From: Electronics-talk [mailto:electronics-talk-bounces at nfbnet.org]
>> On Behalf Of Christopher Chaltain
>> Sent: Friday, August 09, 2013 8:43 AM
>> 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
>>
>> 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-tab
>>>> le
>>>> ts>http://gizmodo.com/5970460/5-ways-ereaders-are-still-better-than-t
>>>> ts>ab
>>>> 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-buc
>>>> k-
>>>> the-tide-and-buy-an-e-book-reader.html>http://news.consumerreports.or
>>>> g/
>>>> electronics/2013/04/5-reasons-to-buck-the-tide-and-buy-an-e-book-read
>>>> er
>>>> .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/SB100014241278873238742045782198341605
>>>> 73
>>>> 010.html>http://online.wsj.com/article/SB1000142412788732387420457821
>>>> 98
>>>> 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-ipa
>>>> d-
>>>> which-e-book-reader-should-you-buy/>http://news.cnet.com/8301-17938_1
>>>> 05
>>>> -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/g
>>>> p/
>>>> 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/read
>>>> er
>>>> /
>>>> (last visited May 16, 2013).
>>>> 17 Sony Reader Product Listing,
>>>> <http://store.sony.com/webapp/wcs/stores/servlet/CategoryDisplay?cata
>>>> lo
>>>> gId=10551&storeId=10151&langId=->http://store.sony.com/webapp/wcs/sto
>>>> re
>>>> 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/C
>>>> MR
>>>> _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://libr
>>>> ar
>>>> 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/SB100014240527487038466045754480931757
>>>> 58
>>>> 872.html>http://online.wsj.com/article/SB1000142405274870384660457544
>>>> 80
>>>> 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-pape
>>>> rw
>>>> hite>http://www.theverge.com/2012/9/6/3298500/this-is-my-next-kindle-
>>>> hite>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-introdu
>>>> ce
>>>> s-touch-electronic-readers/>http://www.geekwire.com/2011/chapter-elec
>>>> tr 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-pri
>>>> nt
>>>> -book-reading->http://libraries.pewinternet.org/2012/12/27/e-book-rea
>>>> -book-reading->di
>>>> 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.emark
>>>> et
>>>> 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/9
>>>> 28
>>>> 6
>>>>
>>>>
>>>>
>>>> Scott
>>>>
>>>> Sent from my iPhone
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>>
>> --
>> Christopher (CJ)
>> chaltain at Gmail
>>
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