[nfbcs] Amazon and Sony Are Requesting That The Accessibility Requirement Be Waived for E-Book Readers

Fri Aug 9 20:32:05 UTC 2013

ASU was sued a few years back because a course required use of a specific
ereader. I don't remeber if it was kindle or nook. But by requiring it's
use that class was now not accessible. So having these ereaders accessible
solves that problem.

On Friday, August 9, 2013, Aaron Cannon wrote:

> I reviewed their complete submission, and here are what I believe to
> be their main points, followed by my responses below to each.
>
> 1. E-readers are different than tablets.
> 2. E-readers are marketed and used for reading, and are not designed
> for accessibility, even on a secondary basis.
> 3. Adding accessibility features would fundamentally alter the devices.
> 4. Adding such features would not help the blind or visually impaired,
> as they have alternatives.
>
> 1. I'll grant this point, though the differences may not be so great
> as they would like the FCC to believe.
>
> 2. This is irrelevant.  Computers, tablets, mobile phones, Apple TVs,
> and almost all other electronic devices that are accessible are not
> designed for accessibility, either primarily or secondarily.  However,
> that doesn't keep them from being accessible in many cases.
>
> 3. I can find not one bit of evidence to support this assertion in
> their submission.  The assertion is made, but isn't backed up in their
> submission.  Simply stating that a piece of hardware is designed for
> one purpose does not mean that it can't be used for another purpose.
> However, not only have they not shown that they would need to modify
> the hardware, but that doing so would fundamentally alter the devices.
>
> 4. I believe that this argument is both wrong, and in this non-lawyers
> opinion, contrary to how accessibility laws seem to work in general.
>
> It's wrong because users have access to features on e-reader devices
> which are not available via the alternatives.  As an example, users
> who own a Kindle can borrow books to read for free, if they have an
> Amazon Prime subscription.  However, I have an Amazon Prime
> subscription, and I cannot borrow books under this program, because
> the Kindle is not accessible, and the program is not available to
> people who don't use a Kindle.  In short, I can not borrow ebooks from
> Amazon because their e-reader is not accessible.  This, to me,
> completely undermines their argument that perfectly good alternatives
> exist.
>
> It would also appear to be a faulty argument, because the law they are
> contesting makes no provision for exceptions if other alternatives are
> available.  In fact, I can't think of any federal law regarding
> accessibility where this is the case.  You can't, for example, as a
> restaurant owner, discriminate against guide dog users based on the
> argument that there is another, much nicer restaurant across the
> street that doesn't discriminate.
>
> Just my $0.02.
>
> Aaron Cannon
>
> On 8/7/13, David Andrews <dandrews at visi.com> wrote:
> >
> >>
> >>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 ...........>
> http://nfbnet.org/mailman/options/nfbcs_nfbnet.org/cannona%40fireantproductions.com
> >
>
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