[Electronics-talk] Amazon and Sony Are Requesting ThatThe Accessibility Requirement Be Waived for E-Book Readers
Ray Foret jr
rforetjr at att.net
Fri Aug 9 16:35:14 UTC 2013
Nagosiate with MAmazon? You kidding me? They won't even talk to us.
Sent from my mac, the only computer with full accessibility for the blind built-in!
Sincerely,
The Constantly Barefooted Ray
Still a very proud and happy Mac and Iphone user!
On Aug 9, 2013, at 11:15 AM, "Rob Tabor" <rob.tabor at sbcglobal.net> wrote:
> Good morning colleagues,
>
> It occurs to me we have a situation that could be ripe for an effective
> negotiation with Amazon and Sony. Perhaps the NFB and other advocacy groups
> could propose that we will not object to the petition for an exemption for
> the Paper White in return for a good faith promise on their part to make all
> other Kindle devices fully accessible as they have mostly done with the iOS
> app. These decisions are made by folks much higher on the pay grade than I,
> but it seems they are worth considering.
>
> Best regards,
> Rob Tabor JD
>
> -----Original Message-----
> From: Electronics-talk [mailto:electronics-talk-bounces at nfbnet.org] On
> Behalf Of Baracco, Andrew W
> Sent: Friday, August 09, 2013 10:59 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
>
> 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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