[Oabs] Fwd: [nfb-talk] Amazon and Sony Are Requesting That The Accessibility Requirement Be Waived for E-Book Readers

Thu Aug 8 18:58:21 UTC 2013

Good Grief!
That is a cop out if I ever saw one...
I love how they think that since they don't like the rules they can just bend them to avoid more work or thought given to their products.  

Kaiti Shelton
University of Dayton---2016
Music Therapy Major, Psychology Minor, Clarinet
Ohio Association of Blind Students, Secretary
NFB Community Service Group, Service Project Committee Chair
Sigma Alpha Iota-Delta Sigma, Usher Coordinator
UD Music Therapy Club

-----Original Message-----
From: Oabs [mailto:oabs-bounces at nfbnet.org] On Behalf Of Aleeha Dudley
Sent: Wednesday, August 07, 2013 11:20 PM
To: oabs at nfbnet.org
Subject: [Oabs] Fwd: [nfb-talk] Amazon and Sony Are Requesting That The Accessibility Requirement Be Waived for E-Book Readers

This is one reason to fight, folks! Think of the consequences. 
Your friendly president,
Aleeha 

Sent from my iPhone

Begin forwarded message:

> From: David Andrews <dandrews at visi.com>
> Date: August 7, 2013, 21:19:38 EDT
> To: blindtlk at nfbnet.org
> Subject: [nfb-talk] Amazon and Sony Are Requesting That The 
> Accessibility Requirement Be Waived for E-Book Readers
> Reply-To: NFB Talk Mailing List <nfb-talk at nfbnet.org>
> 
> 
>> 
>> 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.
>> com/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>
>> http://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
>> lets>http://gizmodo.com/5970460/5-ways-ereaders-are-still-better-than
>> -tablets
>> ;
>> 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.
>> org/electronics/2013/04/5-reasons-to-buck-the-tide-and-buy-an-e-book-
>> reader.html
>> .
>> Wikipedia, an aggregator of knowledge and therefore a useful measure 
>> of conventional understanding, differentiates e-readers from tablets, 
>> explaining that, among other differences, “[t]ablet computers . . . 
>> are more versatile, allowing one to consume multiple types of content 
>> . . . .” It states that “[a]n e-book reader, also called an e-book 
>> device or e- reader, is a mobile electronic device that is designed 
>> primarily for the purpose of reading digital e-books and 
>> periodicals.” Wikipedia, E-Book Reader, 
>> <http://en.wikipedia.org/wiki/E-reader>http://en.wikipedia.org/wiki/E
>> -reader
>> (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
>> 73010.html>http://online.wsj.com/article/SB10001424127887323874204578
>> 219834160573010.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
>> _105-20009738-1/kindle-vs-nook-vs-ipad-which-e-book-reader-should-you
>> -buy/ (noting that an advantage of e-readers is fewer distracting 
>> features not focused on reading).
>> 10 See Levy Smith, Using a Kindle or eReader as a Leadership Tool 
>> (Sept. 13, 2010), 
>> <http://www.itsworthnoting.com/productivity/using-a-kindle-or-ereader
>> -as-a-leadership-tool/>http://www.itsworthnoting.com/productivity/usi
>> ng-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 
>> bo
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