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

Fri Aug 9 21:06:11 UTC 2013

That case settled, and wasn't great for blind folks.

However, if the same situation occured today, a student could
presumably request an ipad or ipod to read the text on.  That request
should be granted under section 508.

Jim

On Fri, Aug 09, 2013 at 01:32:05PM -0700, Suzanne Germano wrote:
> 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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