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ADA May Force Netflix To Provide Closed Captioning On Content

Shivetya writes "Last year Netflix was sued by the National Association for the Deaf for failing to provide closed captioned text through its on-demand streaming service. Now, a judge has denied Netflix's attempt to have the suit thrown out, saying that the Americans with Disabilities Act prohibits discrimination in any venue — not just physical structures. The easiest means to comply would be to remove all videos which do not have a closed captioning component, the other route would require Netflix to pay to have this done to any video it wants to provide. The implications to other providers is immense as well. The plaintiffs will still need to prove that Netflix is legally obligated to provide closed-captioning, but the ruling is still significant for recognizing that Internet sites may fall under the purview of the Americans with Disabilities Act."

500 of 694 comments (clear)

  1. Mixed feelings by Anonymous Coward · · Score: 5, Insightful

    On one hand this sucks. The amount of revenue you bring in by making your content accessible is not going to pay the cost of doing so. Same can be said with making websites accessible to the blind (and really probably most brick n’ mortar establishments.. especially if retrofit).

    On the other hand that’s part of living in a civilized society. Most of us could easily by freak accident be in a position where we’d want these services... and doing non-profitable stuff like this just becomes another cost of business.

    The implications on other content and especially user supplied content where no/very little revenue is being generated are of course the most scary. Where do you (or do you) draw the line between content that is “real” enough to require closed captioning (commercial productions, movies, etc..), and content that doesn’t (videos taken on cell phones, etc..).

    The obvious answer would be monetization. If the video author isn’t getting money, the requirement goes away. But trying to turn that into a concrete policy becomes very mucky, as sites like youtube are profiting from it either directly from ad revenue, or indirectly through increased traffic/draw to their site.

    1. Re:Mixed feelings by ganjadude · · Score: 5, Insightful

      well we could take it to the next logical step, What about blind people? we need to make sure blind people can access the internet and "watch" their videos as well!

      I am all for "fair access" but if the CC was not made available by the content maker, than how is it netflixes fault for not having them? Shouldnt the judge be charging the movie maker for not providing CC to begin with??

      --
      have you seen my sig? there are many others like it but none that are the same
    2. Re:Mixed feelings by Lumpy · · Score: 3, Insightful

      "On one hand this sucks. The amount of revenue you bring in by making your content accessible is not going to pay the cost of doing so."

      HUH? The Subtitles are on the DVD's they are ripping to create their content. It costs them nothing to send a fricking text stream.

      --
      Do not look at laser with remaining good eye.
    3. Re:Mixed feelings by Anrego · · Score: 5, Interesting

      Some channels actually have "descriptive audio" here. It's actually exactly what it sounds like. A voice describes what is happening, overlaid onto the audio. Once in a while I'll turn it on and try watching something with my eyes closed.. surprisingly for stuff that's heavily dialog driven, it works surprisingly well.

    4. Re:Mixed feelings by Anrego · · Score: 4, Interesting

      Knowing the fucked up way media licensing works, they probably have to license the subtitle data seperately or something (see also: theme music).

    5. Re:Mixed feelings by Dachannien · · Score: 5, Insightful

      Some channels actually have "descriptive audio" here. It's actually exactly what it sounds like. A voice describes what is happening, overlaid onto the audio. Once in a while I'll turn it on and try watching something with my eyes closed.. surprisingly for stuff that's heavily dialog driven, it works surprisingly well.

      Once upon a time, those were called radio shows.

    6. Re:Mixed feelings by Woldscum · · Score: 3, Interesting

      I am blind in one eye from childhood. I can not see anything in 3D. If a movie theater shows a 3D move must they also provide the same movie in 2D?

    7. Re:Mixed feelings by Anonymous Coward · · Score: 1

      Wear the glasses. You will simply get one of the two angles, meaning you will get a 2D presentation.

    8. Re:Mixed feelings by Nethemas+the+Great · · Score: 5, Informative

      They're not ripping DVDs. They're purchasing content from digital distribution houses such as Funimation, Weinstein, Dreamworks, Starz (well at least used to), etc.. The content provider would have to make the subtitles available to Netflix to push onto the stream. If they don't/won't then Netflix would be on the hook if they are legally recognized as a "multi-channel video programming distributor".

      --
      Two of my imaginary friends reproduced once ... with negative results.
    9. Re:Mixed feelings by cheater512 · · Score: 1

      Well the glasses would still work for you to produce a 2D image. :)

      I've got a degenerative eye condition which means I'll be legally blind within 20 years. I'm as blind as a bat at night currently.
      I think this is a good idea. Mostly because most TV should already have closed captions, and it should be a minor technical hurdle for Netflix to provide it.

      Where is the line? I wouldn't expect Youtube to provide closed captions for every video because most of the videos are not commercially produced and I am not paying for a service with Youtube.
      With Netflix you pay for it and the content is produced commercially so that seems like a good boundary.

    10. Re:Mixed feelings by Anonymous Coward · · Score: 1, Insightful

      We can go the route of practical universality of consequences like showing inconsistencies in applying this 'principle' to other groups(like the blind) but I like to go the other direction, and consider the logical consequences of the action itself. Consider what these people are doing. They are asking our government to steal money from people because they do not like what it is that the people at netflix is offering willing customers. They are requesting theft against peaceful traders. They are advocating the initiation of violence against innocent people.

      We can point out how unsustainable such action would be if it were taken to its logical and universal conclusion. No problem there. But we can also just stop at 'its fucking evil, shame on you sick fucks' and be done with it.

      Or, if it is too painful to confront and demand virtue from people, if the cost of ostracism from a society that isn't quite ready to hear such condemnation is too high, one can refrain from pointing out the immorality of their action and instead one can describe its internal logical inconsistencies. Namely, advocating the initiation of theft against innocent people arbitrarily, which necessarily requires victims who resist the violence(otherwise it wouldn't be). This then means that their principle is that either "some arbitrary set of people should initiate violence and some other arbitrary set of people should oppose violence" or "each person should arbitrarily initiate and also at the same time fight against violence". Either way this violates universality and consistency which are both necessary requirements for any rule describing reality to possibly be true.

      The argument from practical effect is reasonable, but it runs the risk of being countered by people who prefer some effect of such actions. Lawyers for instance would gladly have blind people also suing netflix. The effect for them is great. So, be careful of relying too strongly on argument from effect.

    11. Re:Mixed feelings by DarwinSurvivor · · Score: 1

      Try losing^H^H^H^H^Hclosing one eye.

    12. Re:Mixed feelings by SJHillman · · Score: 5, Interesting

      I'm half deaf and only watch videos on Netflix with closed captioning, but I'm on Netflix's side on this one. They provide no essential services, not even news or weather, and the only educational stuff tends to already have CC anyway. What's next, all porn is required to have CC?

    13. Re:Mixed feelings by Jeremy+Erwin · · Score: 5, Funny

      From the DVS track for Basic Instinct

      Correli unconsciously licks his lips.
      She leans forward with an eager smile.

      Nick Curran glances up from his notepad.
      Correli eyes him curiously.
      With a saucy gaze, Catherine uncrosses
                her thighs.
      She briefly exposes her pubic hair
      then recrosses her legs.

      Basic Instinct Poems

    14. Re:Mixed feelings by SJHillman · · Score: 1

      Most of the newer stuff either has it, or Netflix is actively adding it. It's the older movies that never had it that Netflix has made little effort towards adding it.

    15. Re:Mixed feelings by dgatwood · · Score: 5, Insightful

      At which point Netflix would then be obligated to refuse to provide those pieces of content until the creators provide the subtitles, at which point the creators would be forced to provide the subtitles. More to the point, these rules would apply to all similar services, presumably, so if the content providers don't solve the problem, they'll lose most of their digital distribution.

      There is some flexibility allowed for providing content created prior to when the rules were adopted, so this doesn't require magically creating subtitles where none exist (unless they can't manage to strike a balance where at least 75% of their pre-rule content contains subtitles).

      This doesn't suck at all. This is the law working exactly as it is supposed to work, doing exactly what it was intended to do. Now if we were talking about YouTube being forced to provide subtitles, that would be another matter....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    16. Re:Mixed feelings by Soporific · · Score: 1, Funny

      What's next, all porn is required to have CC?

      Now that would be funny!

      ~S

    17. Re:Mixed feelings by andymadigan · · Score: 4, Insightful

      Your argument also allows supermarkets to have stairs but not ramps for the disabled. After all they're "peaceful traders" too. The ADA is intended to make sure that the disabled can live as normal a life as possible. It's rarely in the interest of a business owner to make accommodations, since the amount of revenue gained will not offset the cost. As a society we've decided that all men are created equal and therefore should all have the same rights.

      Personally, I've run into far too many movies and shows on Netflix that lack subtitles (even though the broadcast and DVD version both have subs), I can hear fine but sometimes I miss a word with all the background noise, I usually turn subs on when they're available. I'd like to see more.

      --
      The right to protest the State is more sacred than the State.
    18. Re:Mixed feelings by ganjadude · · Score: 3, Interesting

      Probably, I recall a case not too long ago where the MAFFIAA was suing a website for providing CC for AVI (as well as translations) files (not even the files themselves!) Sorry cannot find the link currently, I recall seeing it here on slashdot though

      --
      have you seen my sig? there are many others like it but none that are the same
    19. Re:Mixed feelings by fuzzyfuzzyfungus · · Score: 4, Interesting
    20. Re:Mixed feelings by fatherjoecode · · Score: 1, Informative

      I am all for "fair access" but if the CC was not made available by the content maker, than how is it netflixes fault for not having them? Shouldnt the judge be charging the movie maker for not providing CC to begin with??

      There are no CC's on any Netflix streaming videos. None. Even if the the movie producer provides CC on the DVD, Netflix can't be bothered transmitting it on the streamed content.

    21. Re:Mixed feelings by poetmatt · · Score: 1

      Guess what. It's not expensive. The only reason for complaints is because it was never done in the first place. If this becomes properly commonplace it would easily provide benefit to more than just the hard of hearing. Some people, such as myself, would rather have a movie on mute with your own choice of preferred music instead of dramatic garbage they put into shitty movies. Or because movies are ridiculously loud. Or because of a TV and a computer in the same room - one person watching TV, the other on the computer.

      This should not be about monetization - that is neither the answer nor even correct. This simply should be done for a variety of reasons such as foreign language speakers who can *read* english will then be able to watch movies or you can...gasp...have closed captions for other languages so that movies can be broadcast around the globe! Movie available for 1 country vs movie available in the 8 most popular languages. Which do you think gets more views (and thus more profit).

      To act like there's somehow only a negative cost is to be completely and utterly dishonest to the fact that there's an enormous profit potential. This isn't a cost of business, this is an investment to make an obvious profit. Quit being intellectually dishonest.

    22. Re:Mixed feelings by russotto · · Score: 2

      well we could take it to the next logical step, What about blind people? we need to make sure blind people can access the internet and "watch" their videos as well!

      They've already proposed that as well.

    23. Re:Mixed feelings by msauve · · Score: 1, Interesting

      "On the other hand that's part of living in a civilized society."

      I tend toward libertarianism, and think the free market should decide. If there's a market willing to pay for captioned content, it will be met. If not, sorry about your luck, maybe you should start a business which caters to that want.

      Having said that, if the government (representing the people as a whole) wants to require this, then the cost should also be born by the taxpayer. It's always easy to vote for something which other people have to pay for.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    24. Re:Mixed feelings by Grishnakh · · Score: 1

      Personally, I would really prefer it if closed-captioning were available on all Netflix instant videos. They already have it on the foreign movies (it's called "subtitles" there), but whenever I watch a British movie (or movie with British actors), I have a hell of time trying to figure out what they're saying, and subtitles would be a huge help. I'm already in the practice of turning on subtitles for many movies (esp. any British or Australian ones) on DVD.

    25. Re:Mixed feelings by PopeRatzo · · Score: 2

      The amount of revenue you bring in by making your content accessible is not going to pay the cost of doing so.

      I doubt the very few programs left without some form of closed-captioning or subtitles amounts to all that much.

      The value of having this material available to people with hearing disability is very large.

      Netflix is a very inexpensive service for what you get. If they charge everyone 25 cents more per month, I doubt they would lose one customer, and it would probably pay for the cost of providing closed captions hundreds of times over.

      Where do you (or do you) draw the line between content that is âoerealâ enough to require closed captioning (commercial productions, movies, etc..), and content that doesnâ(TM)t (videos taken on cell phones, etc..).

      I haven't noticed any "videos taken on cell phones" on Netflix.

      I wish we didn't need an ADA, and if we could trust corporations to do the right thing, we might not. However, since by definition a corporation will poison babies if it means a nickel's bump in stock price, these things are necessary.

      There is no "free market" mechanism for taking care of the disabled, or the poor, or the elderly, or those in need of medical care, and practically all of us will be one of those at one time or another in our lives (I guess there are a few people who are born rich, have perfect health right up until they have a piano dropped on them at age 35, but even they have parents). At least none that have ever worked very well or very long. That's why civilized societies do these things.

      --
      You are welcome on my lawn.
    26. Re:Mixed feelings by Kalriath · · Score: 2

      Not true. I've seen closed captions on several Netflix shows. You need to look at newer shows to get it though, and you need to access it via the apps (I don't think it works via the web).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    27. Re:Mixed feelings by Teresita · · Score: 3, Funny

      Some channels actually have "descriptive audio" here. It's actually exactly what it sounds like.

      That would be hilarious. I would really like to hear some narrator attempting to describe Eraserhead.

    28. Re:Mixed feelings by mattack2 · · Score: 1

      I think YouTube *is* adding closed captions to videos -- at least they're attempting to do it. It's computer generated, but heck, tons of the closed captions on TV shows are messed up. (I leave CC on most of the time, especially when I'm watching while walking on the treadmill, or watching on my recorder at faster than realtime.. I can miss a bit of dialogue and not have to rewind as often.)

    29. Re:Mixed feelings by pipatron · · Score: 2

      They already have that. They all utilize the functionality in the browser that is required to interface with the websites.

      When technology has come far enough to reliably generate text on the fly from spoken audio, this will be a non-issue. Until then, cooperation from vendors are required when possible to do without too much effort.

      --
      c++; /* this makes c bigger but returns the old value */
    30. Re:Mixed feelings by mattack2 · · Score: 1

      Subtitles & closed-captioning are entirely different things. In fact, at least in the foreign movie case, subtitles are properly termed "open captions", in that the captions are burned into the movie.

      The "closed" in "closed captions" means that they're not always on, and the user can turn them on.

      Also, at least with DVDs/BluRays, subtitles are usually (AFAIK) exactly correct transcriptions of the words (and sometimes sound effects). Closed captions are often paraphrased/condensed, presumably due to the very slow speed of the original line 21 analog captions.

    31. Re:Mixed feelings by Anonymous Coward · · Score: 1

      This is the law working exactly as it is supposed to work, doing exactly what it was intended to do.

      Are movie theaters, who must be subject to the ADA based on all the handicapped access stuff I see in every one I've been in, required to provide subtitles for the deaf? If not, I'd say that statement is complete crap.

    32. Re:Mixed feelings by datavirtue · · Score: 1

      Very good point. I was thinking that it was pretty cheap using any one of several CC services ($2.50 per minute, regular rate). But this would be even cheaper for the video producer to handle than say putting off on each distributor like Netflix. I think this lies on the content creator, not the distributor.

      --
      I object to power without constructive purpose. --Spock
    33. Re:Mixed feelings by danpbrowning · · Score: 1

      I've tried the computer-translated captions on several youtube vidoes, and they are even more hilarious than normal computer translations. They don't even bear a *slight* resemblance to what is spoken in the video. But I'm sure that the videos with clear audio (i.e. approximately the same audio quality that Dragon Naturally Speaking requires) work a lot better.

      --
      Daniel
    34. Re:Mixed feelings by Wrath0fb0b · · Score: 1

      More to the point, these rules would apply to all similar services, presumably, so if the content providers don't solve the problem, they'll lose most of their digital distribution.

      No, they will apply to those services that have enough assets or presence in the US to be subject to US courts. Like offshore gambling, the DoJ might make it somewhat more of a pain to access, but in the end, anyone that wants to play poker online does so.

      The idea that we can regulate internet services as though they are physical venues like casinos or movie theaters is absurd. I wish more of the big companies would just tell (after moving everything valuable out) meddling regulators to just shove it.

    35. Re:Mixed feelings by Anonymous Coward · · Score: 1

      I think that the creator should be required to create the closed captioning and Netflix, like other providers should be required to give closed captioning as an option for material that has it. But it makes no sense to me to require them to transcribe the audio.

    36. Re:Mixed feelings by cmorgan503 · · Score: 1

      The local theaters are starting to stop with the limited run open-captions and actually going to closed-captioned for people like me.

      For some of you who may not know, open-caption is hard subtitles (hence the limited runs. The local chains would run just 1 or 2 open captioned movies per area, usually the same movie. My choices for movies were limited to whatever was being offered at the time)

      Closed caption is, well, they can be turned off or not viewed by the user if they chose to do so.

      I'm not entirely sure but I'm almost positive that theaters are required to offer captions/subtitles, since some deaf people in Oregon and Washington DC has sued some of these chains for not providing so, under the ADA. If anything, theaters are required to offer such services not because of an ADA mandate, but rather from a settlement agreement that the deaf plaintiffs and several theater chains came to an agreement with.

    37. Re:Mixed feelings by graphius · · Score: 1

      How about crowd sourcing? Have a wiki style interface where anyone could add subtitles..... oh, uh ...nevermind...

    38. Re:Mixed feelings by AK+Marc · · Score: 1

      I just wish people would post a transcript with their stupid videos. I don't want to watch a 10 minute video on the ecosystem. Someone I care less for now than 10 minutes ago sent it to me, and so I clicked it, hoping it wasn't as bad as it sounded. It was. But in 30 seconds, I could skim a transcript well enough to get the point, and if there's reference to some graph, I could then play it for that. So many of the political videos would be better suited as static text pages of the transcript, and not the stupid video of a person talking.

    39. Re:Mixed feelings by AK+Marc · · Score: 1

      Having said that, if the government (representing the people as a whole) wants to require this, then the cost should also be born by the taxpayer. It's always easy to vote for something which other people have to pay for

      But you said you were libertarian. How can you support the robbing of innocent people at gunpoint? Libertarian is explicitly anti-democratic in that you can't make your neighbor do something (like pay taxes) even if it wins in an election.

    40. Re:Mixed feelings by AK+Marc · · Score: 1

      Then what do you call it when the theater plays the same movie 3 times in a day, twice with captions/subtitles and once without? You don't select the option on your player, but instead select the time, but it is "optional".

    41. Re:Mixed feelings by msauve · · Score: 1

      Did you miss the "Having said that, if..." part?

      Sometimes, one has to address the current reality, even if it's not perfect. (and I didn't say I was libertarian, so don't disingenuously claim that I did)

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    42. Re:Mixed feelings by alcourt · · Score: 1

      When I checked them out a few months ago, I didn't see more than one movie in three that had any captioning. It was simply awful. Things I read around that time said that Netflix had added some content, but chose not to continue aggressively adding closed captioning. I then dropped the service entirely. That was one of my selection criteria to decide if I'd go for more than the free trial.

      --
      "I may disagree with what you say, but I will defend unto the death your right to say it." -- Voltaire
    43. Re:Mixed feelings by metrix007 · · Score: 1

      Two points.

      1. Subtitles does not need to be encased in quotes. Doing so makes no sense, as any implication is invalid.

      2. What is wrong with you that you need subtitles to understand the English language? I mean, really? Most British shows enunciate stuff pretty damn clearly, and they don't use enough slang to be confusing. Likewise with Aussie stuff.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    44. Re:Mixed feelings by EdIII · · Score: 2

      Especially descriptive voice for the blind.

      Imagine sports casters, Elmer Fudd, or those really fast Spanish speaking guys narrating your favorite hardcore.

    45. Re:Mixed feelings by LordLimecat · · Score: 1

      This isnt a physical accessibility issue, its a "the product your offering isnt sufficient for me". As in, they want to consume the movies, but they dont like the movies as they are.

      I dont know, not trying to be insensitive here but I have to agree with the gist of GP's post.

    46. Re:Mixed feelings by mug+funky · · Score: 1

      seeing depth can bring on migraines?

      are there any one-eyed migraine sufferers?

      i guess the far inferior single-lens system could cause some fuckettry with the eyes and brain, but i fail to see how twin-lens polarized 3D could be any different than a regular digital 2D screening.

    47. Re:Mixed feelings by atriusofbricia · · Score: 1, Informative

      well we could take it to the next logical step, What about blind people? we need to make sure blind people can access the internet and "watch" their videos as well!

        I am all for "fair access" but if the CC was not made available by the content maker, than how is it netflixes fault for not having them? Shouldnt the judge be charging the movie maker for not providing CC to begin with??

      QFT.

      Also, and I'm speaking as someone who has a loved one who uses CC from time to time, my huge problem with this kind of thing is that the National Association of Deaf People are in essence demanding that Netflix provide a seriously expensive service at no charge. I would be willing to bet that they would also have thrown a holy snit fit if they were asked to pay one red cent to provide this extremely expensive service.

      As to the idea that these kinds of things should just be considered "another cost of business" it really shouldn't. If you want service X, then you should pay for it and not use the power of government to force someone to give it to you for free. As has been said, where do we draw the line?

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    48. Re:Mixed feelings by Anonymous Coward · · Score: 1

      I love you.

    49. Re:Mixed feelings by atriusofbricia · · Score: 1

      I am blind in one eye from childhood. I can not see anything in 3D. If a movie theater shows a 3D move must they also provide the same movie in 2D?

      By the logic used in the lawsuit, yes. And not only that but they should provide it at the same time and at no additional cost. (Sorry about your eye)

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    50. Re:Mixed feelings by tlhIngan · · Score: 1

      I am all for "fair access" but if the CC was not made available by the content maker, than how is it netflixes fault for not having them? Shouldnt the judge be charging the movie maker for not providing CC to begin with??

      Depends on the age of the program. Most of the recent stuff (probably the past 20 years) that people watch (movies, etc) should be closed captioned by default. Hell, even the movie theatres support closed captioning (usually a mirror mounted on the seat back in front reflecting the back wall of the auditorium where a LED sign displays the captions).

      There's probably older programming still, and I'd be surprised if captioning isn't available. Heck, most catalog released DVDs have captions and subtitles already. I'd actually bet that a good 90% or more of Netflix's entire library is already captioned or subtitled (which is probably 99%+ of what is actually watched).

      To be honest, even though I have above-average hearing, I enjoy having captions on - it's great for the times when some sound mixer gets the levels wrong and background effects drown out the dialog.

      Some channels actually have "descriptive audio" here. It's actually exactly what it sounds like. A voice describes what is happening, overlaid onto the audio. Once in a while I'll turn it on and try watching something with my eyes closed.. surprisingly for stuff that's heavily dialog driven, it works surprisingly well.

      I think there's a requirement of around 20% of content or so must have descriptive audio in it. Mostly driven by the fact that the few (there's only like 3 companies) are so overloaded with work that they can't convert any faster. The latest TV shows are easy (they get a copy of the script and basically verify that the actions in the script match on screen or add their own, then produce the voice overlay).

      Older TV shows, they have to do way more work as there's no scripts to start from so they have to really take notes and produce a script.

    51. Re:Mixed feelings by atriusofbricia · · Score: 1

      Guess what. It's not expensive. The only reason for complaints is because it was never done in the first place. If this becomes properly commonplace it would easily provide benefit to more than just the hard of hearing. Some people, such as myself, would rather have a movie on mute with your own choice of preferred music instead of dramatic garbage they put into shitty movies. Or because movies are ridiculously loud. Or because of a TV and a computer in the same room - one person watching TV, the other on the computer.

      This should not be about monetization - that is neither the answer nor even correct. This simply should be done for a variety of reasons such as foreign language speakers who can *read* english will then be able to watch movies or you can...gasp...have closed captions for other languages so that movies can be broadcast around the globe! Movie available for 1 country vs movie available in the 8 most popular languages. Which do you think gets more views (and thus more profit).

      To act like there's somehow only a negative cost is to be completely and utterly dishonest to the fact that there's an enormous profit potential. This isn't a cost of business, this is an investment to make an obvious profit. Quit being intellectually dishonest.

      I suspect the core issue is not whether or not providing CCs is a good idea (it is for many of the reasons you listed) but whether or not a company should be compelled under force of arms (all government for is ultimately force of arms) to provide such at their expense with exactly zero compensation. To consumers who care about the service enough to compel the company to provide it but oddly not enough to compensate them for providing it.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    52. Re:Mixed feelings by cheekyjohnson · · Score: 1

      As a society we've decided that all men are created equal and therefore should all have the same rights.

      They do have the same rights. What they don't have are the same abilities (which are different from rights). I don't believe it's necessarily a bad thing to help them, though.

      --
      Filthy, filthy copyrapists!
    53. Re:Mixed feelings by cheekyjohnson · · Score: 1

      Society can't "decide" such a thing, anyway. They can make laws based on their own opinions, but that is all. Whether everyone is truly equal or not (and which groups are and aren't) is up to the individual to decide.

      --
      Filthy, filthy copyrapists!
    54. Re:Mixed feelings by fluffy99 · · Score: 1

      Not true. I've seen closed captions on several Netflix shows. You need to look at newer shows to get it though, and you need to access it via the apps (I don't think it works via the web).

      Netflix has added a lot of closed captioning. Keep in mind that if you're using a hardware player (TV or DVD/BluRay player) that it needs to support it. If you have an older unit with the old style Netflix menus it probably doesn't support it. Also how the captions are presented depends on the player too, and Netflix is just streaming the text separately and not actively adding it to the video.

    55. Re:Mixed feelings by fluffy99 · · Score: 2

      "On one hand this sucks. The amount of revenue you bring in by making your content accessible is not going to pay the cost of doing so."

      HUH? The Subtitles are on the DVD's they are ripping to create their content. It costs them nothing to send a fricking text stream.

      Netflix didn't always have the ability to stream the CC information. They do now, and most of the newer hardware players actually support it, which is why Netflix is adding the captions for new stuff. They issue is that they are demanding that Netflix go back and and reprocess all the existing videos for which they might not even have the data. That does cost them money, and the will not see any change in their subscription revenue for that effort.

      It's akin to going to the library and bitching that not all of the books have braille.

    56. Re:Mixed feelings by stephanruby · · Score: 1

      The amount of revenue you bring in by making your content accessible is not going to pay the cost of doing so.

      Why not? Viki.com has no problem providing reliable subtitles for up to 96+ languages. Why can't Netflix do it just for one language?

      Besides, the movies Netflix provides on their streaming service are exactly the same ones they provide on DVDs, and most of those DVD movies do have Closed Captions on them, so it's not like the incremental cost of adding CC to a streaming movie will be that much more.

    57. Re:Mixed feelings by KingMotley · · Score: 1

      Braille

    58. Re:Mixed feelings by stephanruby · · Score: 2

      I am all for "fair access" but if the CC was not made available by the content maker, than how is it netflixes fault for not having them?

      May be, they did provide them, after all they're already providing them to Netflix on DVDs.

      And the studios themselves certainly don't do the encoding for Netflix, Netflix does the encoding for itself (and my guess, Hulu does as well). The resulting streams coming from a studio's web site are vastly different from the streams coming from sites like Netflix, or Hulu.

    59. Re:Mixed feelings by icebraining · · Score: 2

      Netflix relies itself on such governmental powers, like copyright. Why should they only have the benefits?

    60. Re:Mixed feelings by Ichijo · · Score: 3, Insightful

      I tend toward libertarianism, and think the free market should decide. If there's a market willing to pay for captioned content, it will be met.

      Except your free market allows monopolies which prevent the market from giving people what they want.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    61. Re:Mixed feelings by bdabautcb · · Score: 1

      Since when did the bill of rights apply to consumers and not producers? When you qualify things as 'normal life as possible' you negate the realization that disabled people do not have a 'normal life' - as is constructed by society. I for one will do whatever I can to help people unable to function, for whatever reason, in completing daily activities. E.g., wheelchair onto the bus, blind woman across the street, point a deaf person to the braille in a large office building (and yes, I have done all of those things in the past year or so). To argue, however, that society must be reconstructed to cater to the least capable is disingenuous at best, and represents a complete misunderstanding of biological and social infrastructure. Somehow for several thousand years humans have, in their current state, survived pretty well without government involvement in getting disabled 'peaceful traders' up supermarket stairs. I am going to visit my 90 year old grandma this weekend as usual, and will welcome her discussion about the 'ADA sucks and has changed things in a negative way'. Her words, and she has said that repeatedly for several years. If you can 'hear fine' but you need subtitles to not 'miss a word' of some content you are watching, have you not thought that perhaps you either don't hear fine, or that the content deserves repeating? My grandma for one, does not need you driving up her costs because you weren't sure if you heard Daenerys tell her Khal that she loved him like the sun or the moon.

      --
      Koalas. They're telepathic. Plus, they control the weather. -Margaret
    62. Re:Mixed feelings by AK+Marc · · Score: 1

      (and I didn't say I was libertarian, so don't disingenuously claim that I did)

      "I tend toward libertarianism"

      Close enough for me.

    63. Re:Mixed feelings by buybuydandavis · · Score: 1

      The ADA is intended to make sure that the disabled can live as normal a life as possible.

      Laws don't have intent, people do.

      If we're going to play psychic detective about people's intent, my psychic powers tell me that the congress critters who passed the law intended to get reelected by twits who get a self righteous glow from confiscating the wealth of others for their own purposes.

    64. Re:Mixed feelings by flimflammer · · Score: 1

      At which point Netflix would then be obligated to refuse to provide those pieces of content until the creators provide the subtitles, at which point the creators would be forced to provide the subtitles. More to the point, these rules would apply to all similar services, presumably, so if the content providers don't solve the problem, they'll lose most of their digital distribution.

      I think you overestimate how much studios "need" to be on Netflix. You're punishing Netflix more than you're punishing movie studios with this.

    65. Re:Mixed feelings by sound+vision · · Score: 1

      Why would YouTube be another matter? What is the difference between YouTube and Netflix, in the eyes of the Americans With Disabilities Act? Is it the subscription fees? Is it the source of the content? Where in the law are these answers? The answers are nowhere in the law. And that's exactly why this whole issue is important.

    66. Re:Mixed feelings by davidbrit2 · · Score: 1

      well we could take it to the next logical step, What about blind people? we need to make sure blind people can access the internet and "watch" their videos as well!

      Yeah, but the cost of paying a guy to spend two minutes in a sound booth saying, "There's a cat, and it's doing some funny things," wouldn't be cost-prohibitive, and would knock out at least 95% of the workload.

    67. Re:Mixed feelings by CrimsonAvenger · · Score: 1

      Except your free market allows monopolies which prevent the market from giving people what they want.

      Without copyrights/patents (government) and corporations (more government), monopolies are actually very difficult to accomplish in the real world.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    68. Re:Mixed feelings by MitchDev · · Score: 1

      Wouldn't adding the CC to movies/shows that don't already provide it be a copyright violation?

    69. Re:Mixed feelings by stdarg · · Score: 1

      here is no "free market" mechanism for taking care of the disabled, or the poor, or the elderly, or those in need of medical care, and practically all of us will be one of those at one time or another in our lives (I guess there are a few people who are born rich, have perfect health right up until they have a piano dropped on them at age 35, but even they have parents). At least none that have ever worked very well or very long. That's why civilized societies do these things.

      I think the people who implement these laws, and the activists who use the laws to their advantage, are doing it mostly for powertripping reasons. That it has a benefit for some members of society is merely a side effect, akin to big banks setting up shop in a blighted downtown and having some benefit to the residents, but it's not the intention or reason.

      This is just another way for the government to increase its control over the internet, don't mistake it for pure altruism towards disabled people. After all, as other commenters have said, an non-punishing, altruistic ruling would use tax money to create the subtitles and donate them not just to netflix but to anybody who needs them. And they would almost certainly use them voluntarily if the cost became zero, so let's not pretend that isn't a legitimate alternative approach.

    70. Re:Mixed feelings by L4t3r4lu5 · · Score: 1

      You're kind of missing the point. Parent is blind in one eye; He can't see 3D movies anyway.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    71. Re:Mixed feelings by Anonymous Coward · · Score: 1

      Well, they could have done it right the first time. I could just as well say that Netflix complaining about having to go back and fix it is like a thief complaining that he has to go to jail and pay damages even though he has stopped stealing.

    72. Re:Mixed feelings by fuzzyfuzzyfungus · · Score: 1

      Woldscum is blind in one eye from childhood, and should be able to perceive a 3D movie in 2d without incident. Anonymous Coward, responding to Woldscum has two functioning eyes and finds 3D movies unbearable. I was replying to Anonymous Coward.

    73. Re:Mixed feelings by ShanghaiBill · · Score: 1

      Except your free market allows monopolies which prevent the market from giving people what they want.

      "Free market" is an ambiguous term. To some people it means "competitive market", to others it means "unregulated market". The problem is that these are opposites, because unregulated markets usually drift toward collusion and monopoly.

      When someone uses the term "free market", without clarifying what they mean, they are often engaging in either deception or muddled thinking.

    74. Re:Mixed feelings by Hatta · · Score: 1

      As a society we've decided that all men are created equal and therefore should all have the same rights.

      Then as a society, we should pay for them.

      --
      Give me Classic Slashdot or give me death!
    75. Re:Mixed feelings by SacredNaCl · · Score: 1

      You don't need to be in an accident to have issues with hearing. Hearing loss can occur from: occupational issues, a simple consequence of aging, at least 400 different medical conditions (including rare ones like neurosarcoidosis that I suffer from), and users with hearing loss are not the only beneficiaries of closed captioning; anyone with young & loud kids or barky dogs can tell you closed captioning can often save the day when trying to watch a show.

      The market for closed captioning is nowhere near as small as you imagine. More than 22 million American's have significant hearing impairment, 43% of them are over the age of 65. When you add that to all of the parents with young kids that use CC, and those that just prefer to have it on -- it is not that small of a market that benefits. Its enough of a difference that it truly IS in Netflix's interest to add CC. Why not add a boost of 10-12% more customers? Is 3 million more customers adding 288 million USD from their US subscriber base alone not enough to justify doing the right thing that they should have done from the very beginning?

      Most of the movies on their site already have the closed captioning done -- Netflix just didn't add it. Of those that remain, free sites for captioning have done about 90% of the work for them. However, unlike a movie I download off a torrent -- I can't use free captioning with Netflix due to their player.

      --
      Freedom is merely privilege extended unless enjoyed by one and all.
    76. Re:Mixed feelings by ScentCone · · Score: 1

      Netflix relies itself on such governmental powers, like copyright. Why should they only have the benefits?

      You mean benefits like already providing ADA-mandated facilities in their physical locations (such as their offices, warehouse operations, and datacenter spaces), and the extra special benefit of paying corporate taxes as well as, of course, all of their employees paying taxes? Or were you thinking that they didn't have to do all that stuff?

      --
      Don't disappoint your bird dog. Go to the range.
    77. Re:Mixed feelings by westlake · · Score: 2

      Once upon a time, those were called radio shows.

      Not true.

      Radio drama set the stage and carried the action through the use of dialog, music and sound effects.

      Producers of a series might use a popular host to frame their stories, much as Hitchcock and Rod Serling did in television. But the intrusion of an omniscient narrator within a story carries the listener out of the story. That is why the best never used them: "Gunsmoke" is a particularly good example.

    78. Re:Mixed feelings by mhajicek · · Score: 1

      It does work on the web. I use it frequently since, while my ears work well, I have trouble interpreting spoken words when the signal to noise ratio is less than perfect.

    79. Re:Mixed feelings by ScentCone · · Score: 1

      Except your free market allows monopolies which prevent the market from giving people what they want.

      How, through physical force? Someone who uses physical force to prevent you from selling something to someone else isn't part of a free market. Or are you talking about government services, which are a special case?

      --
      Don't disappoint your bird dog. Go to the range.
    80. Re:Mixed feelings by cayenne8 · · Score: 1, Troll
      What's next?

      Closed captioning for live bands?!? Play that trumpet on stage, you'd better have some sort of closed captioning....

      I feel for disabled people, but c'mon....can we use common sense?

      And Netflix...is a private company...I could understand this maybe if it was a govt. entity, but how can they make a private company like Netflix alter their business model or software like this?

      The ADA is getting out of hand...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    81. Re:Mixed feelings by Guspaz · · Score: 1

      Four months ago, Netflix reached 80% of content subtitled or captioned. Since they prioritized by popularity, they intended to continue increasing that percentage, but at a slower pace. This seems to directly contradict with your experience.

    82. Re:Mixed feelings by Guspaz · · Score: 1

      You don't need 2D glasses if you're blind in one eye; regular 3D glasses will work properly, showing you a single image for the one eye.

      2D glasses are, however, useful for those who can't see 3D for some other reason (such as strabismus). The problem is that 3D movies have a hefty premium in ticket price on top of the 2D version, so the affected person still has to pay that premium. About the only scenario where you might want to do this is if you want to see a movie in 2D (either because you can't see 3D or because you don't like it), but still want to attend a 3D showing with friends.

    83. Re:Mixed feelings by del_diablo · · Score: 1

      Not only that, but it seems to be that ADA is a prefectly reasonable thing to enforce. Why? Because ADA only core requirement is a properly done subtitle with a minor addition of describing the important background events. Requirering a movie renting service to include subtitles is a minor standard, especially after the video cassete died, and we got a digital medium which allows for multiple subtitles to be stored and used.
      I see nothing wrong with forcing a digital redistributor to actually provide subtitles, especially when you can't use anything to override the lack of it.

    84. Re:Mixed feelings by Guspaz · · Score: 1

      In many cases, the content from those digital distribution houses arrives on... DVD. A lot of Funimation's titles are very obviously ripped from DVDs, for example.

      Even then, it's not as easy as all that. DVD's don't store subtitles as text, they store subtitles as a low-res graphical overlay. Turning those into text requires OCR, which isn't perfectly accurate, so now you need somebody to watch them to ensure they're showing up at the right time without any errors, and then correct any errors that are found. Also, different DVDs feature different fonts, so you need to manually tune the OCR engine for each DVD.

    85. Re:Mixed feelings by del_diablo · · Score: 1

      They are, but they are not required to run every show with subtitles. So long they provide a few movies with subtitles once in a while, their basically free to go.

    86. Re:Mixed feelings by PopeRatzo · · Score: 1

      This is just another way for the government to increase its control over the internet, don't mistake it for pure altruism towards disabled people.

      So corporate control of the internet is just fine with you, but making it a little easier for disabled people to use is just government tyranny.

      Come on.

      --
      You are welcome on my lawn.
    87. Re:Mixed feelings by KermodeBear · · Score: 1

      Access to food and hospitals is pretty important. You can make a very good argument that such places require extra accessibility since people need to buy food and see doctors.

      You can't make such an argument for movies on NetFlix. Access to NetFlix is not required to have a normal life. It isn't required to live at all.

      --
      Love sees no species.
    88. Re:Mixed feelings by Grishnakh · · Score: 1

      Maybe at one time this was true, but it hasn't been true for a long time. DVDs have long come with selectable subtitles, in different languages, so you can switch between English, French, etc. People don't call these "closed captions"; they call them "subtitles". No one says they're watching the "closed captions" on a foreign-language DVD, but the subtitles are indeed selectable.

    89. Re:Mixed feelings by Grishnakh · · Score: 1

      "Subtitles" does need to be encased in quotes, when you're referring to the word itself rather than actually using the word.

      It's not the slang that's the problem, it's the accent. I'm sure British people have plenty of trouble understanding hillbilly twang and Southern drawl too; people with different accents have a hard time understanding each other. Aussie accents are even worse, probably because we Americans are less used to hearing them than the British accents. Of course, the Queen's English speakers are the most understandable by us, but the other accents, especially ones like Cockney, are very difficult.

    90. Re:Mixed feelings by roman_mir · · Score: 1

      Nonsense, free market doesn't create monopolies, only governments create monopolies, because governments can legislate competitors out of the market, and what you call 'monopolies' in the market are only economies of scale that are successful as long as they provide the products and services that market is willing to buy.

      This decision by the judge is another overreach by the government, the gov't shouldn't be allowed even to pass laws that regulate businesses, gov't shouldn't be allowed to force businesses to provide product in any specific way or manner.

      If there is a market for deaf people accessing netflix, it will be met. If there is no market (or insufficient market for competition to exist in netflix space) then there wouldn't be competition in that specific market segment.

      It doesn't mean that the deaf can't access the data, but it wouldn't be as convenient for them, they'd have to access that data some other way, but so what? Life is not fair, nothing is fair and gov't shouldn't be allowed to mess with that fact, it only destroys competition that way.

      If Netflix cannot provide content without CC, then others won't be able to either, so this INCREASES the barrier to entry into that industry, this WILL raise prices and this WILL destroy quality (how many programs will simply disappear because there won't be CC made for them?)

      In any case, as per usual, the gov't steals more freedoms, as per usual, majority of the population doesn't understand it.

    91. Re:Mixed feelings by Eponymous+Hero · · Score: 1

      isn't capitalism supposed to solve this? if there's a demand for an ADA-accessible whatever, won't the market fill that void? shouldn't someone (not necessarily disabled) be starting their own online streaming service with closed captioning? devil's advocate here, i'm not trying to marginalize the disabled. i just don't think we've been very consistent about what to mandate as accessible.

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    92. Re:Mixed feelings by cayenne8 · · Score: 1

      Depends on the age of the program. Most of the recent stuff (probably the past 20 years) that people watch (movies, etc) should be closed captioned by default. Hell, even the movie theatres support closed captioning (usually a mirror mounted on the seat back in front reflecting the back wall of the auditorium where a LED sign displays the captions).

      Interesting...I've never heard of nor seen any type mirror system in any movie theater I've ever been in....and many of these are nearly brand new too...?!?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    93. Re:Mixed feelings by mcgrew · · Score: 1

      seeing depth can bring on migraines?

      No, but watching stereoscopic movies can cause headaches caused by eyestrain. Stereoscopic vision isn't the brain's only clue to depth. The eye's focus is another way the eye tells the brain how far away something is. So with a "3D" movie, focus tells the brain that the object on the TV is eight feet away, while stereoscopy tells the brain that the object is two feet away. So your fucusing muscles are fighting your paralell movement muscles, which is what causes the headaches.

      You don't have that problem with real 3-D (normal world) or even holograms.

    94. Re:Mixed feelings by DM9290 · · Score: 1

      i fail to see how twin-lens polarized 3D could be any different than a regular digital 2D screening.

      let me remedy that:

      Your eyes perceive 3d not merely by parallax and stereoscopic imaging, but also based on the focal length required to bring the object into focus. When focused on a nearby object the background is blury, when focusing far away, then nearby objects are blury. Trying to adjust focus is required for real life vision.

      However in a 3d movie theatre if an effect looks like it is 10 inches from your face, the image is still projected exactly at the distance of the screen and your eyes need to focus on the screen, this is contrary to how your brain normally processes visual information and different from 2D viewing.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    95. Re:Mixed feelings by Frank+T.+Lofaro+Jr. · · Score: 1

      Most movies now you have to be retarded to enjoy. Same with most music now.

      After 2005 very little worthwhile has been made in movies or music.

      --
      Just because it CAN be done, doesn't mean it should!
    96. Re:Mixed feelings by doggo · · Score: 1

      It seems to directly contradict my experience as well. And I'm a current Netflix subscriber.

      Where did you get your numbers and statement of Netflix's intent?

    97. Re:Mixed feelings by andymadigan · · Score: 1

      Find a spot in the argument I replied to where he made an exception for "essential services". Surprise, you can't find one.

      I suggest those who claim to agree with him go back and read the post I replied to. I simply said his argument is too broad, it would bar any and all regulation and taxation of businesses.

      For the record, I think the NAD is doing themselves and anyone else who's hard of hearing an enormous disservice here. As stated in TFA subs will be required very soon anyway by FCC reg. By the time this works its way through the courts, even if they win, Netflix will ask for a reasonable amount of time to comply, which will turn out to be the FCC deadline. It's nothing but a waste of money.

      --
      The right to protest the State is more sacred than the State.
    98. Re:Mixed feelings by darkmeridian · · Score: 1

      Some guy won an ADA discrimination lawsuit against Chipotle because while the counter where they made the food was 38 inches high, he couldn't see them actually making the food from a wheelchair and was therefore deprived of the true Chipotle experience. Chipotle will actually make the food at your table but he didn't care because that still wasn't the same experience that everyone else was having. Bizarre, no?

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    99. Re:Mixed feelings by winwar · · Score: 1

      Actually, there is no inherent reason that the right to life dictates a right to own property Rights don't exist in the natural world but are created by humans. What most people find awful about Libertarian philosophy is the idea that property rights are equal to or greater than human rights.

      Insisting that a company follow a well established law designed to promote access is not taking property. The company is free not to distribute the material (they have no right to make money). In fact, without the government and the laws, they wouldn't have a business model in the first place. That's what Libertarians frequently ignore in their faulty analyses.

    100. Re:Mixed feelings by stdarg · · Score: 1

      Where did you get "corporate control of the internet" from my post?

      But yeah, if by corporate control of the internet you mean corporations are allowed to have their own websites and pretty much do whatever they want with them, I support that. Free speech and all that.

    101. Re:Mixed feelings by PopeRatzo · · Score: 1

      Where did you get "corporate control of the internet" from my post?

      Where do you get "government control of the internet" from closed captions on Netflix?

      --
      You are welcome on my lawn.
    102. Re:Mixed feelings by stdarg · · Score: 1

      I hate to sound naive, but I assume you read the summary. Let me quote it just in case: "Now, a judge has denied Netflix's attempt to have the suit thrown out, saying that the Americans with Disabilities Act prohibits discrimination in any venue — not just physical structures."

      The ADA used to regulate physical structures. Now it's being applied to websites (not just Netflix). That's more government control over the internet.

    103. Re:Mixed feelings by ColdSam · · Score: 1

      If they charge everyone 25 cents more per month, I doubt they would lose one customer, and it would probably pay for the cost of providing closed captions hundreds of times over.

      This is nonsense. If they could raise prices without losing customers then they would have done so already. Your statement here directly contradicts the cynical view of corporations you describe later in your post

    104. Re:Mixed feelings by UncleTogie · · Score: 1

      And Netflix...is a private company...I could understand this maybe if it was a govt. entity, but how can they make a private company like Netflix alter their business model or software like this? The ADA is getting out of hand...

      Since it's been a legal requirement for them to pass-through captioning/subtitling that's already been done, this isn't nearly the burden you think it is. In fact, for the last 5 years, all new TV material has been *required* to have captioning ( with a very few exceptions), so Netflix isn't going to have pay to have all their material redone.

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    105. Re:Mixed feelings by PopeRatzo · · Score: 1

      If they could raise prices without losing customers then they would have done so already.

      Um, they have done so already.

      --
      You are welcome on my lawn.
    106. Re:Mixed feelings by ColdSam · · Score: 1

      What on earth are you talking about? You just said they SHOULD charge everyone 25 cents more, now you say they've already done so? I don't think you have any idea how Netflix or any other for-profit business actually works.

    107. Re:Mixed feelings by PopeRatzo · · Score: 1

      You just said they SHOULD charge everyone 25 cents more, now you say they've already done so?

      No, I said they've already increased their prices.

      My original point was, "they could increase prices a nominal amount without it affecting their membership".

      You said, "If they could do that, they would" and I replied, "They already have".

      You seem to be having some trouble following this pretty simple exchange. I'll leave you to try to work it out.

      --
      You are welcome on my lawn.
    108. Re:Mixed feelings by PopeRatzo · · Score: 1

      The ADA used to regulate physical structures.

      I've done more than read the summary. I'm familiar with the Act itself.

      It has long been applied to more than just physical structures, including telecommunications, going back to the Ma Bell days.

      Where did you get the idea that it only applied to "physical structures"?

      --
      You are welcome on my lawn.
    109. Re:Mixed feelings by Anrego · · Score: 1

      If it's such a great business move, they'd probably be doing it on their own without needing to be forced by law...

      I suspect right off the bat those subtitles are probably licensed seperately and that alone probably eats up any potential profit.

    110. Re:Mixed feelings by ColdSam · · Score: 1

      If they charge everyone 25 cents more per month, I doubt they would lose one customer

      I don't think this statement means what you think it means. Do you NOT see the "if" and the "would" there? Perhaps you wanted to say "They have raised prices by 25 cents and they have not lost a single customer." But you didn't.

      Yes, Netflix has raised prices AND they have lower priced. They've also changed their service many, many times. Your point is?

      Your basic point is pure ignorance. You cannot raise (or even lower) prices a "nominal" amount without affecting membership. As I clearly pointed out, any rational business would have already raised the price by that amount or they are leaving money on the table.

      What you are advocating is that Netflix simply give away some profit in order to provide captioning, the idea that it wouldn't cost them anything because "they could increase prices a nominal amount" is, once again, absurd.

    111. Re:Mixed feelings by mattack2 · · Score: 1

      You are agreeing with me.

      Yes, DVDs have subtitles.

      They ALSO can have closed captions. If you hook up your DVD player with an appropriate cable (or the DVD player can decode analog closed captions), you can "still" get line 21 closed captions. (Not if you're connected via HDMI, though.)

    112. Re:Mixed feelings by Meski · · Score: 1

      That'd be easy. Continuous text saying "moan" etc

    113. Re:Mixed feelings by stdarg · · Score: 1

      Title 47 from what I can find is just part of the US Code. It has nothing to do with the ADA.

      The ADA does have titles 1-4, and title 4 of the ADA deals with telecommunication relay services. But it only deals with the physical access to the network -- telecoms have to support certain equipment like tty/tdd phones. It does NOT say that, for example, the phone company has to enable TTY access to every phone in America. For instance, if you call a phone number with a TTY connected and start talking at it, nothing happens. The phone company IS NOT required to transcribe your call for the benefit of the deaf person. (Which is a remarkable similar to a website being required to provide closed captioning on videos. Weird.)

      You're right though, there is a bunch of the ADA that applies to non-physical stuff, but those parts are dealing with behavior discrimination (not serving disabled people at restaurants for instance). I have to point out that technically I didn't (nor did the summary) say that the ADA didn't deal with things besides physical structures. The opposite of "physical structures" is "virtual structures", not "everything other than physical structures." It is true that the ADA does not address accessibility to virtual structures like websites, but now it's being applied to that.

      I'm curious why you think this case is noteworthy and why the bit about physical structures was pointed out in the summary if you also think that this whole time it's been blatantly obvious that websites need to be accessible just like any other "public accomodation" according to the ADA. And I wonder if you think that every website owner is liable for bringing their website into compliance, just like building owners? "No more blog posts. You can't alter your website until you bring it up to code!"

      "Hey this website's alt text on their images doesn't make sense, I'm suing!"

      It's crazy to me. A building is expensive and requires an investment and takes up physical space in the midst of society. But anybody can start a website for free and possibly nobody will ever see it. How can the same rules for accessibility apply?

    114. Re:Mixed feelings by PopeRatzo · · Score: 1

      Here: http://www.ada.gov/pubs/adastatute08.htm

      That's the statute.

      Go down a bit. Apparently, the ADA made changes to Title 47, subchapters II and VI, which deal with telecommunications, common carriers, etc.

      So, the ADA was a law that altered sections of the US Code. But you are quite right. It does so in Title V. I don't know how many more titles the ADA has. I stopped scrolling at Title V because looking at legal language makes me dizzy.

      --
      You are welcome on my lawn.
  2. Is that serious, or a straw man? by Opportunist · · Score: 3, Funny

    Quite seriously, is that normal in the US that every program needs to have CC or are TV networks trying to push the competition out of business? Just asking...

    Another question, does it say anything about the quality of the CC? I mean, how expensive could it be to have some Chinese or NKor people create yet another Backstroke of the West style CC?

    --
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    1. Re:Is that serious, or a straw man? by cpu6502 · · Score: 3, Insightful

      I can't figure out how the Congress has power to regulate private businesses and impose the ADA. Maybe it's through the corporate licensing.
      Anyway:
      Yes the Federal Communications Commission (FCC) ruled long-ago that broadcast TV must carry closed captioning. Then they extended it to cable TV (by what authority I have no idea). Including captioning on netflix really isn't a big deal..... it's encoded in the video steams of VHS tapes, DVDs, and Blurays so netflix just needs to dump that CC to the internet stream.

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    2. Re:Is that serious, or a straw man? by TheSync · · Score: 2

      In general, as of January 1, 2006, all "new" English language programming, defined as analog programming first published or exhibited on or after January 1, 1998, and digital programming first aired on or after July 1, 2002, must be captioned by US broadcasters (with some exceptions.)

      The FCC has issued Notice of Proposed Rulemaking on quality of Closed Captions, but as far as I know there are no formal FCC rules for quality yet, except for requiring broadcasters to provide contact information for reporting Closed Caption problems, and there is a web site to complain to the FCC as well.

      Under the Twenty-First Century Communications and Video Accessibility Act of 2010, the FCC requires video programming owners to provide video programming distributors of IP-delivered content with captions of at least the same quality as the television captions provided for that programming.

    3. Re:Is that serious, or a straw man? by Anonymous Coward · · Score: 1

      I can't figure out how the Congress has power to regulate private businesses and impose the ADA.

      Then obviously you didn't read the ADA, which covers it explicitly at the start.

      (a) Findings

      The Congress finds that

      (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

      (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

      (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

      (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

      (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

      (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

      (7) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

      (8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

      (b) Purpose

      It is the purpose of this chapter

      (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

      (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

      (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

      (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

    4. Re:Is that serious, or a straw man? by TheSync · · Score: 2

      I can't figure out how the Congress has power to regulate private businesses and impose the ADA

      The Constitution of the US, Article I, Section 8, Clause 3:[2] "[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;"

    5. Re:Is that serious, or a straw man? by XaXXon · · Score: 3, Informative

      I'm pretty sure you missed the entire point. The OP was asking what power congress has to CREATE the ADA, not what does the ADA do.

      There's nowhere in the constitution that gives congress the power to regulate how private businesses operate. Some would say (not saying I do) that we should let economics figure this out. if there's money to be made, then companies will make it happen.

      Anyways, I think that's what the real question was.

    6. Re:Is that serious, or a straw man? by cpu6502 · · Score: 2, Informative

      >>>Then obviously you didn't read the ADA, which covers it explicitly at the start.

      Thanks. Now show me *in the constitution* where Congress was given authority to regulate private business. They certainly have the authority over commerce among the states, but PER THE 10th AMENDMENT do not have authority over businesses that exist wholly *inside* a state. Like a private store. Or a private office. Or a private school. Or a private farm. Or.....

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    7. Re:Is that serious, or a straw man? by cpu6502 · · Score: 1

      Read more carefully the clause you quoted. It says AMONG the states. Not inside a state. For example Congress has zero authority to force me to replace the stairs into my office with a ramp (only the Maryland legislature can do that).

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    8. Re:Is that serious, or a straw man? by Nethemas+the+Great · · Score: 1

      The power comes from the Commerce Clause of the U.S. Constitution.

      Including captioning on netflix really isn't a big deal..... it's encoded in the video steams of VHS tapes, DVDs, and Blurays so netflix just needs to dump that CC to the internet stream.

      It is a big deal if it's not being provided by the digital content providers they purchase their videos from. Netflix doesn't rip DVDs for their streaming service. The MPAA would go ape sh*t if they did that. They have to purchase content specifically for their streaming service.

      --
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    9. Re:Is that serious, or a straw man? by Anrego · · Score: 4, Insightful

      that we should let economics figure this out.

      The ADA exists (and here in Canada, the equivilant) because this won't happen. Making things accessible isn't a good business decision. It costs a lot of moeny and doesn't bring in much additional revenue. Society has decided that it's not fair to exclude the <whatever the correct term is now> from everything .. and so complying with accessibility rules just becomes a part of doing business.

      Personally I think it goes too far. As usual we failed to find a reasonable medium. I'm all for society incurring some burden to help those who could easily by freak chance be us. At the same time however, we have to accept that it's impossible to make it so a <whatever the correct term is now> person can do everything in the same way that a non <whatever the correct term is now> can. If this was the case, then there'd be no problem. It sucks but it's life...

    10. Re:Is that serious, or a straw man? by TheoMurpse · · Score: 1

      [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;

    11. Re:Is that serious, or a straw man? by TheSync · · Score: 1

      I agree with you - but the Supreme Court does not.

      That said, broadcasters and YouTube does realistically fall into interstate commerce under most interpretations.

    12. Re:Is that serious, or a straw man? by alen · · Score: 1

      Other than interstate commerce the media companies make use of public airwaves and government backed loans at lower rates and they do business with the government by selling content to us military stations and military housing on military bases

    13. Re:Is that serious, or a straw man? by elrous0 · · Score: 1

      I can't figure out how the Congress has power to regulate private businesses and impose the ADA.

      The same way they can tell you that you can't advertise an apartment for rent with "Whites only" in the ad.

      --
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    14. Re:Is that serious, or a straw man? by Anonymous Coward · · Score: 1

      Also, technically, not within their abilities according to the Constitution.

    15. Re:Is that serious, or a straw man? by Krischi · · Score: 1

      The FCC gained the authority to do so with the Telecommunications Act of 1996.

    16. Re:Is that serious, or a straw man? by Trentula · · Score: 1

      There's nowhere in the constitution

      Take it up with SCOTUS.

    17. Re:Is that serious, or a straw man? by dodobh · · Score: 3, Insightful

      Given that any corporation exists via state privilege, the ADA could simply be treated as one of the terms for corporate existence.

      --
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    18. Re:Is that serious, or a straw man? by Golddess · · Score: 2

      It says AMONG the states. Not inside a state.

      Netflix is headquartered in Maryland?

      In all honesty, I don't know what criteria is used to determine whether a corporation's actions fall under the commerce clause. But going by the location of their headquarters vs the location of their customers at least seems to make more sense than Wickard v. Filburn.

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    19. Re:Is that serious, or a straw man? by ZeroSumHappiness · · Score: 1

      Well, the libertarian answer is: If you don't like that a company isn't providing closed captions then you get your friends to boycott the company until they do. The company will then make the calculation of how much they would need to raise prices to afford paying for closed captioning and will see if customers will buy at that price. If customers won't buy at the necessary price and the boycott cuts enough that it's no longer profitable to provide the content then the company will give up.

      So in order for the "good" thing to be done in that situation it requires that many people be "good" and stand up for those principles by voting with their wallets.

    20. Re:Is that serious, or a straw man? by firex726 · · Score: 1

      Well I noticed that not all of my DVDs and BDs have CC in English.

    21. Re:Is that serious, or a straw man? by andymadigan · · Score: 1

      Netflix supports CC already, at least when viewing in a browser. Not everything has it, so either they're not extracting it from some sources or the material isn't there to begin with (or they're receiving digital versions from the copyright owners and they're not including CC).

      Some DVDs really truly don't have ANY CC data. I'm not even sure that movies are required to have them, but TV broadcasters usually are. However, TV shows from basic cable seem to often lack CC on netflix, I don't have cable anymore so I can't tell if that's normal.

      I'd like to have more CC but if congress isn't going to require movie studios to produce DVDs with CC then I don't see why Netflix should have to pay to have CC added after the fact. As pointed out before "on the internet" should not necessarily change the law.

      --
      The right to protest the State is more sacred than the State.
    22. Re:Is that serious, or a straw man? by mjr167 · · Score: 1

      I used to watch some of the netflix shows with the CC on, but I turned it off because the CC did not match the audio at all. Nor was it synced. Whoever gives them the CC is not meeting the standards.

    23. Re:Is that serious, or a straw man? by Anonymous Coward · · Score: 2, Informative

      http://en.wikipedia.org/wiki/Wickard_v._Filburn

      Congress can regulate corn you grow on your own land, to harvest by yourself only, used to feed only your own farm animals.
      On Thursday, they will rule on if Congress can force you to buy a product from a private company under threat of fines/jail time, again using the commerce clause.

      After Wickard vs Filburn, there appears to be no limit to what Congress can regulate, within states or between states.

    24. Re:Is that serious, or a straw man? by Darinbob · · Score: 4, Insightful

      The constititution is not the whole of the law, and neither is it a sacred document. Over time there has been precendent and and affirmed that expand the power of congress. It is cearly affirmed by the courts over time that congress has to power to regulate private businesses in regards to worker safety, worker discrimination, and similar issues. What the framers intended is no longer relevant because times have changed and the laws did not freeze in 1790.

    25. Re:Is that serious, or a straw man? by Darinbob · · Score: 1

      Originally the intent before the law was passed as I understand it was to apply to public places. Ie, wheelchair ramps for courthouses. Then this was expanded to include hiring with businesses so that they must accomodate people with disabilities instead of not hiring them (congress has used the power to prohibit discrimination in the workplace for a long time, whether or not the market cares). There's the idea of reasonable actions to take to accomodate someone, however this has expanded since it's vague what "reasonable" means.

    26. Re:Is that serious, or a straw man? by LO0G · · Score: 4, Informative

      Here's a hint:

      (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

      The law cites the 14th amendment (equal protection) and the commerce clause.

    27. Re:Is that serious, or a straw man? by sgent · · Score: 2

      Its not a matter of thinking...

      Its a matter of observation. Before the ADA, many doctor's offices weren't handicapped accessible, much less restaurants, etc.

    28. Re:Is that serious, or a straw man? by Dahamma · · Score: 2

      This is complete non-news, really. The ADA isn't forcing anything directly - ie, yes, the ADA lawsuit is largely irrelevant, if Netflix wants to avoid this they need to sue the FCC. Though in general I have no idea why the ADA would bother with this silly lawsuit around the Americans With Disabilities Act when this is already covered by the 21st Century Communications and Video Accessibility Act.

      The FCC ruled months ago that Internet content would be required to support closed captions, they have a whole document with various requirements and deadlines based on the types of content and provider. And being in the industry, I can tell you content owners and distributors are already starting to work on it.

      You can read the requirements yourself, but yeah, the point is *broadcast* (OTA, cable, or satellite) TV is required to have CC by the FCC, and now the FCC is using above Act to require any program that has been broadcast to have CC with Internet distribution. Technically they have no control over content that has never been broadcast (new release movies, Youtube, etc) but given it does include movies that have been broadcast on TV it's probably going to be available for all feature length content.

      And as far as quality, they have said it must comply with CEA 708, which is an absurdly overcomplicated standard (probably designed by the subtitle/closed caption software insdustry). Luckily almost no one uses all of the ridiculous parts of it (but in theory you still have to be compliant if they do and someone files a complaint).

      http://www.fcc.gov/document/closed-captioning-internet-protocol-delivered-video-programming-1

    29. Re:Is that serious, or a straw man? by tmosley · · Score: 2

      Or just write a letter to them telling them that you would like to sign up, but you are deaf and so you can't understand what is going on, and that they are probably missing a fairly large and easy to access market by failing to provide CCs. Why does everyone jump straight to the most forceful solution compatible with their ideology?

    30. Re:Is that serious, or a straw man? by tmosley · · Score: 1

      Too bad it applies to non-corporate businesses as well.

    31. Re:Is that serious, or a straw man? by BitZtream · · Score: 1

      Yes, and that was so awesome of them, now we have far more spots than needed ... AT EVERY BUILDING for people to not use ... at the front of the lot.

      My freaking running track has handicapped spots. That is retarded, even if you have someone who can't walk well that wants to watch, the other 20 years of the parking lots life the only time someone will part there is if they break the law to do so.

      Before the ADA, things were a little less impractical and retarded.

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    32. Re:Is that serious, or a straw man? by Dahamma · · Score: 3, Informative

      Damn, I swear you are now my textbook example for http://xkcd.com/386/ .

      Cable is regulated because it's not all a local coax - much of the system is distributed over satellite, etc, which the FCC regulates.

      VHS uses line 21 VBI CC (ie just analog NTSC 480i and totally irrelevant), DVD uses bitmap images (a horrible format for streaming, and those are subtitles not closed captions anyway), and BD subtitles are way overcomplicated for streaming use. And that's all beside the point, since Netflix doesn't get their streaming from any of those, they get MPEG files from the content providers. Now they are going to have to go get CC/subtitle info from all of those providers in a big clusterfuck of content management.

      Given companies like Netflix already have literally 100's of thousands of encoded and encrypted streams already on CDNs, they can't just "dump" anything to a stream. They will all be coming up with ways (some standard most somewhat proprietary) of taking CC from the content providers, sending it as separate requests (likely HTTP) and displaying it on devices. And given the FCC is basically requiring CEA-708 feature set compliance (along with the fact these services are on dozens or hundreds of devices with vastly different software), that's going to be a shit-ton of work.

    33. Re:Is that serious, or a straw man? by Wrath0fb0b · · Score: 2

      .... but PER THE 10th AMENDMENT do not have authority over businesses that exist wholly *inside* a state. Like a private store. Or a private office. Or a private school. Or a private farm.

      How in the name of Zeus are you going to operate Netflix without using an interstate telecommunication systems?

    34. Re:Is that serious, or a straw man? by Anonymous Coward · · Score: 1

      You'd be surprised how easy it is to show that even a business that only transacts within the borders of its state can still be found to impact interstate commerce.

      Check out Wickard v. Filburn, 317 U.S. 111 (1942), a SCOTUS decision that prohibited a farmer from growing wheat for HIS OWN FARM'S consumption. The farmer was ordered to destroy his crops even though he was producing the excess wheat for his own use.

    35. Re:Is that serious, or a straw man? by Anrego · · Score: 1

      Uh.. you don't exactly have to look too hard to find evidence of how businesses would act without the ADA.

      Specifically you can look at things before the ADA came along. The ADA was created specifically _because_ people wern't decent nor empathetic .. and without a law that would force them to be, they didn't give two shits about non-profitable customers (which while poor from a humanist standpoint, from a business perspective makes perfect sense...).

    36. Re:Is that serious, or a straw man? by TheSync · · Score: 1

      I turned it off because the CC did not match the audio at all. Nor was it synced. Whoever gives them the CC is not meeting the standards.

      Broadcasters generally have their stuff together on Closed Captions for non-live programming. However it is less clear if Netflix and other streamers have mastered the art or taking CEA-608/708 captions from broadcast sources and properly transcode them and stream them.

    37. Re:Is that serious, or a straw man? by AK+Marc · · Score: 1

      no State [shall ...] deny to any person within its jurisdiction the equal protection of the laws.

      The definitions of the meaning are such that allowing discrimination is not allowed. I'm sure you'll disagree, but the justification is right there. In the Constitution.

    38. Re:Is that serious, or a straw man? by metrix007 · · Score: 1

      What an odd post. You say you are in canada, but then lump yourself in with Americans by saying "we failed to find a reasonable medium".

      There is no reasonable medium. There is just fair, and unfair. Stuff should be accessibly for people with disabilities, that's just basic and fair. It isn't fair that businesses foot the bill, but they should be able to claim it back on tax.

      What's the issue, and what does society gain by having people not have to cater to people with disabilities?

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    39. Re:Is that serious, or a straw man? by muridae · · Score: 4, Insightful

      Yeah, because all those people who are going to the track to run shouldn't have to walk the extra 9 feet reserved for a handicap parking space. I mean, you are there to run, right? Why should you have to spend any more time walking to or from your car than necessary, just in case someone else needs that space. How dare grandma, in her wheel chair, show up to watch her grandkid run. Doesn't she know your legs will be tired and you need to park closer?

      prick

    40. Re:Is that serious, or a straw man? by _8553454222834292266 · · Score: 1

      For fucks sake can you people stop misunderstanding the intent of the commerce clause.

    41. Re:Is that serious, or a straw man? by CTU · · Score: 1

      Depends, I am sure if a person is doing it privately, they can (as long as they find someone to host the ad that is).

    42. Re:Is that serious, or a straw man? by shibashaba · · Score: 1

      The right to life, liberty and the pursuit of happiness.

      Some things are just so simple most people don't bother to point them out. I'm bored right now.

      Congress also has the right to regulate interstate commerce. They also have the right to regulate businesses through the criminal code. Something else very obvious, but contract killings are illegal. I'm sure there's money to be made, but that is beside the point.

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    43. Re:Is that serious, or a straw man? by Anonymous Coward · · Score: 1

      It's really neat we have an amendment process for that kinda thing, innit?
      Oh, wait, that's WAY too hard. Better to just change by fiat.

    44. Re:Is that serious, or a straw man? by man_of_mr_e · · Score: 1

      Hmm.. Have you actually read the constitution?

      Article I, Section 8, Clause 3, also called the Commerce Clause.

      [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes

      You people that keep claiming "There's nothing in the constitution" should really READ the thing.

    45. Re:Is that serious, or a straw man? by man_of_mr_e · · Score: 1

      How exactly is Netflix a business that operates wholly "inside" a state? Or did you forget about that?

    46. Re:Is that serious, or a straw man? by man_of_mr_e · · Score: 1

      Completely wrong. The 14th Amendment has what's called the Equal Protection clause, which requires states to provide equal protection to all people within its jurisdiction.

      In other words, no state, and thus no private business can treat people of one race different than another. As an amendment, it is part of the constitution.

    47. Re:Is that serious, or a straw man? by sjames · · Score: 1

      Economics is notorious for deciding that people who are corner cases should just curl up and die. That is not an acceptable option, so we DON'T let economics work it out.

    48. Re:Is that serious, or a straw man? by AK+Marc · · Score: 1

      So what's your complaint?

    49. Re:Is that serious, or a straw man? by Compaqt · · Score: 1

      If it's not a sacred document, there's nothing to prevent Congress from deciding it doesn't want people to post on the Internet. Or hand out pamphlets. Or whatever else you might like to do.

      The Constitution also prohibits private laws (laws targeting specific individuals). If the Constitution is not a sacred document, there is absolutely nothing preventing Congress from sentencing user Darinbob to prison simply because it feels like it.

      Deciding that you don't have to abide by the rules simply because you have 50%+1 in the legislature today is a sign of a failed (or failing) state.

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    50. Re:Is that serious, or a straw man? by RabidReindeer · · Score: 1

      There's nowhere in the constitution that gives congress the power to regulate how private businesses operate.

      Oh, I don't know. It seems they've managed to regulate whether private businesses serve black people.

      Some would say (not saying I do) that we should let economics figure this out. if there's money to be made, then companies will make it happen.

      Anyways, I think that's what the real question was.

      True. That's how acid rain and Love Canal were made to happen.

      On the other hand, while I would not approve of NetFlix filtering out CC data from their streams, I think that the onus is on the content producers to create that data in the first place. Why single out one channel when it's the source that's at fault?

    51. Re:Is that serious, or a straw man? by RabidReindeer · · Score: 1

      Yeah, because all those people who are going to the track to run shouldn't have to walk the extra 9 feet reserved for a handicap parking space. I mean, you are there to run, right? Why should you have to spend any more time walking to or from your car than necessary, just in case someone else needs that space. How dare grandma, in her wheel chair, show up to watch her grandkid run. Doesn't she know your legs will be tired and you need to park closer?

      prick

      Come on. Be reasonable. Everyone parked in a handicapped space is handicapped.

      Some are handicapped physically.
      Some are handicapped mentally (too dim to notice the markings).
      Some are handicapped morally - they're too selfish to leave the space to someone less mobile.

    52. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      All we can hope is that the Supreme Court is becoming more enamored with limiting the commerce clause, if only as a result of the health care debate. Can't wait to see the ruling hopefully this week.

      Justice Scalia recently said that he changed his mind about agreeing with the pivotal ruling in the Wickard v Filburn case (the one about the wheat farmer who was growing wheat for his own consumption, but the government decided that could be regulated as well).

    53. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      I wonder where the chain of responsibility ends with this ADA suit?

      Can Netflix turn around and say "You have to provide closed captions free of charge" to each of their providers, since that's what is required by the ruling? I wonder why the burden is being put solely on the end distributor.

    54. Re:Is that serious, or a straw man? by necro81 · · Score: 1

      The OP was asking what power congress has to CREATE the ADA, not what does the ADA do.

      There's nowhere in the constitution that gives congress the power to regulate how private businesses operate. Some would say (not saying I do) that we should let economics figure this out. if there's money to be made, then companies will make it happen.

      It largely falls under the Commerce Clause, which a bunch of people have already pointed out.

      More generally, it falls from the spirit and intent of the Constitution, which is to establish a government of, by, and particularly for the people. The Constitution is not solely about enumerating powers and rights to keep the government from trampling everything: it is a framework that encourages us, through government, to be beholden to one another. If you are looking for a constitutional justification for the ADA, one need look no further than the Preamble - that part about "We the People...establish Justice, ..., promote the general Welfare, and secure the Blessings of Liberty...." If you are wheelchair-bound and can't get up a flight of stairs to a courtroom, or even your corner grocery, then "We the People" have failed our obligations to one another.

      As to "companies will make it happen," I would urge you to have a look at how things were before the ADA was enacted. It is not like physical handicaps are a recent phenomenon, and yet look at how many accommodations business made to them before the ADA was enacted. All it takes is one unlucky accident and you could find yourself on the flip side of it. And for that reason, society has an obligation to support and make accommodations for the disabled. Some would say it is merely a moral obligation, not a legal one. But although businesses are a part of society, they are not bound by moral obligations. Therefore, our country has decided to make it a legal obligation, too.

    55. Re:Is that serious, or a straw man? by stdarg · · Score: 2

      The whole idea of handicapped people needing close parking is stupid. What you need for wheelchair access is wider spaces, not closer spaces. Once you're in the wheelchair, you can easily turn around what you said -- why do THEY need to be 9 feet closer? The person pushing the wheelchair isn't handicapped. I've pushed people in wheelchairs, it's no big deal to go a normal distance. After all, the parking lot is only part of the overall journey, you're still going to need to go up or down various ramps, across the field to where the track is, etc.

      Most places implement handicapped parking by taking regular spots and putting a handicapped parking sign in front of them. It accomplishes nothing. The spots are the same width. It's all a feel-good crap measure that helps SOME people feel better about themselves and society, while giving it a bit of thought shows it accomplishes nothing of significance. Oooohh someone has to walk 30 feet less once in a while when they go to a busy store, that will totally change their lives! Not.

      It would be far better to take 4 spots near the back or middle of the parking lot and combine them into 2 handicapped parking spots. It won't get in anybody's way and it would provide a valuable improvement to mobility handicapped people.

    56. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      What's the issue, and what does society gain by having people not have to cater to people with disabilities?

      *People* don't have to cater to people with disabilities, businesses do. You don't have to install a ramp in your private residence. I wonder how you would feel if every house had to be fully accessible for people with disabilities? It sounds like you'd be okay with it. Some things are more important than civility, and that includes free speech and private property. Civility can only be maintained long term when people have their own outlets where they can do what they want. I feel sorry for the small retail business owner who is so entangled with the business that they lose that, due to crap laws.

    57. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      Are corporations required to receive a federal charter? I don't think so, I think it's just from the state in which they're incorporated.

    58. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      The 14th amendment makes sense for applying the ADA to government services. Imagine a deaf person who was put on trial and the state didn't provide a means for them to understand what was being said!

      The commerce clause is supposed to apply to interstate commerce. The government pushes that as far as it can in whatever way it can get away with, but they've gone too far too many times. Applying the ADA to a locally owned pet store for instance.. how is that interstate commerce?

    59. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      So your definition of interstate commerce includes anything that happens on the internet, because the internet is interstate? That's kind of a stretch. The business still operates in one spot, just because the consumer is coming in from somewhere else doesn't make it interstate. Wasn't the interstate commerce clause initially applied to stuff like railroads and trucking and toll roads between states, where there is an actual physical presence (at least temporarily) of the business in multiple states? So UPS is engaged in interstate commerce, but a locally owned pet store in Los Angeles who uses UPS to send something to Vermont is NOT interstate commerce.

      Unfortunately the Supreme Court tends to agree more with you. That's not for the good of society but rather an expansion of government power for its own means.

    60. Re:Is that serious, or a straw man? by LO0G · · Score: 1

      First off: IANAL. Having said that, my $.02:

      Was everything sold in the pet store made within the state? Is the credit card processor for the store and all its operations in-state? Both of these seem highly unlikely. The locally owned pet store is still engaging in interstate commerce even though its not obvious.So the commerce clause probably applies to the local pet store. But that's irrelevant because the 14th amendment is primary for the ADA.

      And the 14th amendment has two pieces that are relevant to the ADA: The first says that people need to be protected equally.(the "equal protection clause" in section 1). The second says that congress has the right to enforce this law (section 5). The ADA says that handicapped people deserve equal protection under the law in all the states and Section 5 gives Congress the right to pass laws that affect in-state public entities.

      Note the last part - as I understand it, the ADA only applies to public accomidations. So if you have a members-only club which is not open to the public, you don't have to comply with the ADA - this is the same legal basis that allowed the Augusta golf club to prevent african american members until 1990 and continues to allow them to ban women. As a members-only club, they don't have to comply with the 14th amendment.

    61. Re:Is that serious, or a straw man? by Hatta · · Score: 1

      By that argument, so could campaign finance restrictions. We know how that turned out.

      --
      Give me Classic Slashdot or give me death!
    62. Re:Is that serious, or a straw man? by Opportunist · · Score: 1

      And that's the part that bugs me to no end. Why does being handicapped in some way entitle you to having your private parking space, preferred seating in a restaurant or other preferences? It goes without saying that there should be a ramp so people with wheelchairs can access public buildings. But where does it come in that I have to wait for an hour to get a free seat while there are some "reserved" seats waiting for you?

      For the record, I'm a cripple myself. I have a very damaged neck spine, to the point where standing for prolonged periods cause me pain. For some odd reason I wouldn't dream of having some kind of special treatment coming my way. I consider it a favor from someone if they allow me to sit down in the bus or on a tram instead of having me stand there like a question mark, but I somehow do not feel entitled to that seat. If the pain starts to get too severe, I might ask nicely whether it might be possible to let me sit for a moment, but I wouldn't dream of causing a stink if the person refuses to trade his seat with me. He's in no way required to provide me with comfort.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    63. Re:Is that serious, or a straw man? by ZeroSumHappiness · · Score: 1

      Well, I was working from the assumption that the company deemed it "too costly" to support the deaf.

    64. Re:Is that serious, or a straw man? by cpu6502 · · Score: 1

      >>>The same way Congress can tell you that you can't advertise an apartment for rent with "Whites only" in the ad.

      That's actually a State law not a Congressional law.

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      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    65. Re:Is that serious, or a straw man? by del_diablo · · Score: 1

      Now... lets say there is a chain providing a service. And a few competive chains. Lets say that they could in theory provide yet another service, but that would cost a fee to setup, and increase mantainance cost a little. So who will go first and lose money on the initial cost? That is basically what ADA is all about: Avoiding a chicken and the egg situation, especially one where the ones who makes a egg won't compete with equal terms to others.

      Yes, its a way of imposing costs, but at the same time its a way of making sure there actually is competition instead of attempts to underpricing.

    66. Re:Is that serious, or a straw man? by Wrath0fb0b · · Score: 1

      So your definition of interstate commerce includes anything that happens on the internet, because the internet is interstate? That's kind of a stretch. The business still operates in one spot, just because the consumer is coming in from somewhere else doesn't make it interstate.

      How is selling from Vermont to California not interstate? It's certainly not intrastate -- it obviously crosses state lines ...

      What's more, the internet itself is fundamentally interstate and so Congress ought to have the power to regulate it in a comprehensive manner such as the Stored Communication Act (which prohibits the release of private communications) but obviously not in contradiction to the express limitations on Congress (see Reno v. ACLU).

    67. Re:Is that serious, or a straw man? by cpu6502 · · Score: 1

      >>>The constititution is not the whole of the law, and neither is it a sacred document. Over time there has been precendent and and affirmed that expand the power of congress.

      Of course the constitution is not a "sacred" document. It's a piece of paper with words on it. BUT those words are the highest laws of this land. Precedent or court decisions can not override the written law of the land. As the 2nd Chief Justice said, anything contrary to the Constitution is null-and-void for the date of its creation. For example if some court decided, "Yes the Arkansas government has the right to round-up and eject all black people," the ruling is null-and-void because it violates the equal protection clause of the constitution (and I'm sure the Supreme Court would throw out the ruling).

      LIKEWISE, and I'm sure we will see this on Thursday (if Obamacare is repealed), a congressional law that violates the 10th amendment is also void. Powers reserved to the State Legislatures can Not be exercised by the Congress. That is how the Constitution is written. (Else if congress had unlimited power, why have legislatures at all? They serve no function if they have no powers left.)

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      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    68. Re:Is that serious, or a straw man? by roman_mir · · Score: 1

      It costs a lot of moeny and doesn't bring in much additional revenue

      - the actual problem is that gov't again steals freedoms from people (businesses).

      IT IS possible to add CC to content, it's possible to create a company that would just do that, is it profitable? Well, if it is IMPORTANT TO THE DEAF PEOPLE TO BUY THIS PROGRAMMING, then they would pay.

      The rest of the society must not be forced by the government into providing things to people who are not their customers.

      Face it, deaf people are NOT customers to musicians, for example.

      I go much further - there shouldn't be any gov't involvement into any of this disability stuff, there are no 'disabled people rights', there are no 'women rights', there are no 'gay rights', there are no 'minority rights', there are only individual rights.

      Individual rights are always crushed whenever gov't decides to provide a group of people with some specific entitlements, and thus pushes obligations upon other individuals, who are in business, and then the ignorant masses call this 'rights'.

    69. Re:Is that serious, or a straw man? by roman_mir · · Score: 1

      Gov't must not be allowed to create laws, that provide lawyers with incentives to sue private individuals and companies because they don't provide something as specific as handicap spaces. This must be up to the business to decide whether they want to provide handicap spaces, ramps, CC, etc. Gov't distorts the market, causes higher prices for everybody, just because some people need extra accommodations, and this is absolutely wrong.

      If you run a business and you want more customers, you'll design your business with handicap facilities in mind, otherwise it must absolutely your choice not to do it.

      The disabled in any way will have to be inconvenienced, their priorities are not above priorities of the rest of the population, unfortunately for them they must pay a higher price for a product that is provided to them in a manner convenient to them, we shouldn't be allowing gov't to divert resources and allow lawsuits against businesses just because they don't cater specifically to any particular set of people (and yes, I include any set).

        An individual must be able to post a sign on his doors: no blacks allowed or no women or no gays, or whatever he wants.

      It is absolutely none of gov't business to meddle. The only thing gov't should be doing in terms of equality is treating all of the people equally itself. Yes, the most important problem for minorities is unequal treatment before the law.

      As to a private business not catering to the disabled or to jews or whatever, it's their business and I would like to see if anybody would be stupid enough to do that to their own establishment today.

    70. Re:Is that serious, or a straw man? by roman_mir · · Score: 1

      Right, and the Constitution allows the federal gov't to regulate interstate commerce, this clause is completely hijacked by the power hungry government.

      Regulating commerce does not imply regulating business itself (a company). Commerce is an ACT, a business (a company) is an entity that gov't shouldn't be allowed to regulate. An act of trade across state lines is what was authorised to be regulated.

    71. Re:Is that serious, or a straw man? by roman_mir · · Score: 1

      Yeah, that's how they hijacked the Republic and destroyed it.

      Constitution is a set of laws above the government, there is a specific manner in which it can be amended, so it is possible to change it, but what you are talking about is NOT that, you are talking about seizing powers without amending the contract, and this means the contract is broken.

      The States are free to leave the union.

    72. Re:Is that serious, or a straw man? by Anonymous Coward · · Score: 1

      "The person pushing the wheelchair?" Where did you get the idea that all - or even most - people who qualify to use accessible parking are wheelchair bound and have able-bodied aides? One of the purposes of the ADA is to allow disabled people to do things like grocery shopping unaided. And these spots are intended to be useful to people with a variety of conditions and disabilities. I used to work with someone with a condition that made it dangerous for her to spend too much time outdoors in the heat. Walking across a large parking lot on a hot day (and in particular walking back with her purchases) could put her health in danger. She had a permit that allowed her to use those reserved parking spots. And of course there are the older folks who'll use their cane or walker to get from their car to the store and then hop in one of the scooters that some places offer for people who need them. Making them walk all the way across the lot on their own would sort of defeat the purpose of that, wouldn't it?

      In the United States at least, designated accessible spaces must have a five foot access aisle in addition to their own minimum width (among other restrictions). Typically the easiest way to accomplish this in an existing lot is to place your ADA spaces at the end of a row, so there's only another car parked on one side of the space, so you don't have to remove a spot to place an access aisle on the inside edge of your accessible space. In newer lots there will frequently be two accessible spaces next to each other with one shared aisle, but you don't have to do it that way. If the businesses you mentioned really have just put a sign over regular spaces with no extra room, then those business are not ADA compliant and could have problems if someone reports them.

    73. Re:Is that serious, or a straw man? by oldmac31310 · · Score: 1

      Thanks for the Backstroke of the West reference. I totally missed that at the time. Good fun!

      --
      http://www.acetonestudio.com
    74. Re:Is that serious, or a straw man? by spike2131 · · Score: 1

      I can't figure out how the Congress has power to regulate private businesses and impose the ADA.

      The intestate commerce clause. Netflix is selling a product across state lines and is thus clearly engaged in interstate commerce, and is therefor subject to Congressional regulation.

      --
      SpyDock: Scientific Python in a Docker container
    75. Re:Is that serious, or a straw man? by mcgrew · · Score: 1

      It says AMONG the states. Not inside a state.

      Granted that the clause in question has been abused many times, but in this case it fits. The movie is made in California for showing in every state in the union. That makes it interstate commerce. Your grocery store sells goods from all over the country (and workd). That automatically makes it interstate commmerce. Barbershop? Do you have a tourist industry in your state? Then it's interstate commerce.

      For example Congress has zero authority to force me to replace the stairs into my office with a ramp (only the Maryland legislature can do that).

      That depends. Do you sell your wares or services to people outside your state, or buy your supplies from an out of state supplier? If so, they can make you put a ramp in.

      Now, using the commerce clause to outlaw pot, that's a REAL stretch. I mean, how can they consider growing a plant in your back yard for your own personal consumption in any way "commerce", let alone interstate commerce?

    76. Re:Is that serious, or a straw man? by Golddess · · Score: 1

      And that's the part that bugs me to no end. Why does being handicapped in some way entitle you to having your private parking space, preferred seating in a restaurant or other preferences? It goes without saying that there should be a ramp so people with wheelchairs can access public buildings. But where does it come in that I have to wait for an hour to get a free seat while there are some "reserved" seats waiting for you?

      Well I suppose whoever is in charge of the parking lot / restaurant could dictate that all parking spaces / tables be able to handle wheelchairs, but since a wheelchair-accessible parking space / table takes up more room, you end up reducing the overall capacity of the parking lot / restaurant. And I'm fairly certain that said person would prefer to maximize occupancy as much as possible.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    77. Re:Is that serious, or a straw man? by Golddess · · Score: 1

      Once you're in the wheelchair, you can easily turn around what you said -- why do THEY need to be 9 feet closer?

      Just a thought, but maybe it has to do with the visibility of the person in the wheel chair? From inside a car, a person outside who is sitting down is less visible than a person standing. Placing the parking spaces at the front reduces the risk of someone backing out into them while traveling down the parking lot.

      Most places implement handicapped parking by taking regular spots and putting a handicapped parking sign in front of them. It accomplishes nothing.

      No argument there.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    78. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      You have to draw the line somewhere. There has to be a reason the constitution said "commerce among the states" and not just "commerce." To me it's real clear that there is such thing as a local business that is not interstate. A non-chain locally-owned pet store. A non-chain locally-owned restaurant. Just because there's a way to connect them to people in another state, via the roads, the internet, the phones, remote personal shoppers, third party shipping companies, etc, doesn't mean they can be considered to have an interstate presence.

      A clear example of interstate commerce is UPS. Their business is transporting stuff within and between states. Their own property, under their own control, with their own employees, moves from one state to another.

    79. Re:Is that serious, or a straw man? by Darinbob · · Score: 1

      Congress does not have sole power. Laws still have to be signed by president and then the courts have power to uphold or reject them. In particular if a law is in conflict with other laws, including the constitution, the courts will be asked to resolve the conflicts. This almost always requires a lawsuit and a slow process of moving up through the courts.

      In this particular instance, ADA is not a set of criminal laws and enforcement by the executive branch is limited to filing lawsuits. The supreme court did uphold the ADA as constitutional and within the powers of the legislature because of the 14th amendment.

    80. Re:Is that serious, or a straw man? by Darinbob · · Score: 1

      The 14th amendment expanded the power of the federal government over the state governments. The original constitution may have been oriented towards a loose federation of cooperating states but we also had a civil war which radically changed the powers of the federal government as well as subsequent amendments. An amendment changes the constitution which is why I point out that the constitution and laws were not frozen in 1780 but have evolved over time.

    81. Re:Is that serious, or a straw man? by Darinbob · · Score: 1

      The constitution has been amended and has granted congress additional powers with regards to civil rights and equal protection. The civil war also proved that states are not able to leave the union easily.

    82. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      "The person pushing the wheelchair?" Where did you get the idea that all - or even most - people who qualify to use accessible parking are wheelchair bound and have able-bodied aides?

      I tried to find statistics on how handicapped parking passes are distributed based on disability but couldn't find any information. I did find an article saying that whenever California does an "enforcement run" to find abuse of handicapped parking passes, about 1/3 of cars *with handicapped parking passes* are using them illegally -- seems to be mostly relatives borrowing the car. http://articles.latimes.com/2011/may/22/local/la-me-disabled-parking-20110522 From the same article, 10% of drivers in California have handicapped parking permits! That seems rather excessive, no? I imagine most of those people aren't in the categories you're talking about.

      So maybe it's not most people (I don't know) but -
      A) the comment I was responding to was about "grandma in her wheel chair"
      B) it is a group that is traditionally thought of when talking about handicapped parking
      C) it is a group that I have a little experience with since my grandmother uses a wheelchair
      D) there's no reason why someone with severe heat sensitivity or inability to walk over a certain distance *couldn't* be in a wheelchair when going to a store with a gigantic parking lot (most places like restaurants, convenience stores, strip malls, gas stations etc don't have giant parking lots anyway.. is an extra 20 feet going to mean the difference between making it or not? if so then that person probably shouldn't be walking to begin with)

      And of course there are the older folks who'll use their cane or walker to get from their car to the store and then hop in one of the scooters that some places offer for people who need them. Making them walk all the way across the lot on their own would sort of defeat the purpose of that, wouldn't it?

      Sure, in huge parking lots like your local Super Walmart, don't put them in the very back. Problem solved? They still don't need to be front and center.

      If the businesses you mentioned really have just put a sign over regular spaces with no extra room, then those business are not ADA compliant and could have problems if someone reports them.

      Yeah, probably.. and how silly is it that someone could get in trouble over their parking lot layout? What a country we live in. So civilized it hurts.

    83. Re:Is that serious, or a straw man? by Sprouticus · · Score: 1

      Try pushing a wheelchair in the snow and you will get your answer.

    84. Re:Is that serious, or a straw man? by AK+Marc · · Score: 1

      I don't remember how it happened, but places "open for business" are public places, as the public is invited in.

      You can't be an "open" place and not follow the rules for "open". Arguably, it's not an issue with the ADA, but an issue with business licenses, where the business owners explicitly agree to such laws (fire codes and such as well).

    85. Re:Is that serious, or a straw man? by alexo · · Score: 1

      Some handicapped people don't have a "person pushing the wheelchair".
      They walk. Slowly, sometimes painfully, dragging their feet while leaning on their crutches.
      And yes, they can (and do) drive specially modified vehicles.

    86. Re:Is that serious, or a straw man? by metrix007 · · Score: 1

      No, it was just a mistake on my part. When I said "people" I meant government facilities/private businesses.

      --
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    87. Re:Is that serious, or a straw man? by muridae · · Score: 1

      I walk with a cane, not a wheelchair. The pain of standing means that having the parking space close to the building lets me walk less before I can take the weight off my bad joints. Other people with handicap stickers have heart problems, severe asthma, or arthritis. Any number of reasons exist that makes walking a shorter distance helpful.

      But go ahead, keep propping up straw men.

    88. Re:Is that serious, or a straw man? by muridae · · Score: 1

      "The person pushing the wheelchair?" Where did you get the idea that all - or even most - people who qualify to use accessible parking are wheelchair bound and have able-bodied aides? One of the purposes of the ADA is to allow disabled people to do things like grocery shopping unaided.

      I hope you are replying to someone else by mistake, because I don't think I mentioned anyone pushing grandma's wheel chair. Mine was arm powered when I needed it, and grandma's is electric.

    89. Re:Is that serious, or a straw man? by muridae · · Score: 1

      And you were replying to someone else, and somehow it's just showing up as a reply to mine too.. Never mind, disregard the previous comment.

    90. Re:Is that serious, or a straw man? by muridae · · Score: 1
      • Cannot walk 200 feet without stopping to rest.
      • Uses portable oxygen
      • Is restricted by lung disease to such an extent that forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest.
      • Has a cardiac condition to the extent that functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association
      • Is legally blind or deaf.
      • Cannot walk without the use of or assistance from any of the following: another person, brace, cane, crutch, prosthetic device, wheelchair, or other assistive device.
      • Is severely limited in ability to walk due to an arthritic, neurological, or orthopedic condition
      • Has been diagnosed with a mental or developmental amentia or delay that impairs judgment including, but not limited to, an autism spectrum disorder.
      • Has been diagnosed with Alzheimer's disease or another form of dementia.
      • Other condition that limits or impairs the ability to walk. Specific condition description must be specified below

      Not California's exactly list, but it applies to at least one state. And before you flip out that "OMG someone with Alzheimer's is driving!", the placard need not be permanent to the car. The form allows a person to get a temporary tag that allows them to park in the handicap spaces in what ever vehicle they are in. I go to the store with family, I can park close. I leave my tag by accident in their car, and they use it when I'm not around, they get a ticket. And I can see how a state like California might end up with 10% of drivers (not people in total) with placards. If they don't remove dead drivers from their database, and the article does mention people using dead relatives placards, that would be a problem.

      there's no reason why someone with severe heat sensitivity or inability to walk over a certain distance *couldn't* be in a wheelchair when going to a store with a gigantic parking lot (most places like restaurants, convenience stores, strip malls, gas stations etc don't have giant parking lots anyway.. is an extra 20 feet going to mean the difference between making it or not? if so then that person probably shouldn't be walking to begin with)

      There is no reason why they should have to be in a wheelchair just to make your reality feel better, either. This is how I know you are acting as just some libertarian shill, or are an uncaring individual who doesn't actually know anyone with a handicap. You do not get to decide whether a person should be walking or not. You do not have that right. The individuals have that right. By your quote, even though I don't need a wheelchair I should get one just so I can comfortably park in the middle of the lot . . . so what? So you can park closer? So there can be less laws?

    91. Re:Is that serious, or a straw man? by sjames · · Score: 1

      Why don't you believe in human decency? What rock/bridge do you live under?

      Besides which, many of those corner cases are not the result of genetics.

    92. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      Not California's exactly list, but it applies to at least one state.

      I was looking for statistics on how frequently each provision is used.

      And I can see how a state like California might end up with 10% of drivers (not people in total) with placards. If they don't remove dead drivers from their database, and the article does mention people using dead relatives placards, that would be a problem.

      I think that's a stretch. There's no reason to believe that they don't remove dead drivers.

      I would imagine that a higher percentage of disabled people do not have drivers licenses than non-disabled people, so the 10% figure is really high.

      There is no reason why they should have to be in a wheelchair just to make your reality feel better, either.

      You gave an example of someone who could walk 30 feet from their car to the store, but 50 feet would do them in (not having the handicapped spaces at the very front). To me that rather illustrates that the person is cutting it too close and should be in a wheelchair, not relying on some law that says the spaces have to be in the very front. Imagine what would happen if they came out of the store and their car had been towed. They'd walk to their car, look around for a minute, then be unable to make it back to the store.

      You do not get to decide whether a person should be walking or not. You do not have that right. The individuals have that right. By your quote, even though I don't need a wheelchair I should get one just so I can comfortably park in the middle of the lot . . . so what? So you can park closer? So there can be less laws?

      So the vast majority of people can park closer. So there aren't always empty parking spots with big ugly yellow pylons, striped pavement, and warning signs right at the front window of every restaurant. Save your argument about how evil and heartless I am. I know I'm not evil or heartless. There's always a balance. It would still work for most handicapped people.

      I can't believe you start calling me a shill, calling me heartless, saying I want the right of determining who can walk, etc just because I propose something that would make parking slightly more difficult for a tiny percentage of handicapped people (the ones who can walk 30 feet and up a ramp right now, but not 50 feet and up a ramp). I guess handicapped people are your "think of the children!!!@#" type of argument.

    93. Re:Is that serious, or a straw man? by stdarg · · Score: 1

      Let's say you're going to Walmart. If it's like the one near me, walking from a handicapped spot to the door means crossing the no parking area next to the handicapped spot, two wide lanes of traffic, a fire lane, then a very wide sidewalk. It's got to be at least 60 feet, maybe closer to 80. And then you have to walk around the football-field sized store, gather your goods, and then stand in line waiting for their notoriously slow cashiers.

      So you're saying that's all no problem, but if the parking spot were 30-50 feet farther, you couldn't do it? How do you return your cart right now, I mean there's no cart return right next to the handicapped spots at any store I can remember. They're usually in the middle of the parking lot.

      It's not that I'm not sympathetic, but I really just don't see the big deal if the parking spots weren't right up front. They could be bigger and wider and more out of the way, less likely to be right next to another car.. and probably less likely to be taken by cheaters since after all proximity is the only benefit to non-handicapped people.

      Here's an insensitive question. Are you ashamed that you can walk but you want to use handicapped parking? I do things I'm ashamed of too so it's not a big deal, I'm just curious if you are totally shameless in wanting special spots right up front for your benefit because you think that's your right, or if you're ashamed but really think it's critical for your well being, or you don't really care but take advantage of it since it's available, or what?

  3. The deaf are kind of militant these days by elrous0 · · Score: 2, Interesting

    Used to have a deaf roommate who was big into "deaf culture" (and was very annoying about it). We're talking Malcolm X militant about it. He wasn't alone either. There are a lot of people into deaf rights who think it should be illegal to air or play anything non-CC'ed. And they *will* sue.

    Great for them, not so great for the rest of us who get cut off from all non-CC'ed content. And getting something CC'ed is pretty expensive--prohibitively so for a lot of indies.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:The deaf are kind of militant these days by cpu6502 · · Score: 1

      >>>not so great for the rest of us who get cut off from all non-CC'ed content.

      I've seen lots of non-Captioned content over broadcast TV (channels: thisTV, retroTV, antennaTV). The owner only has to broadcast CC if it's available, but if it's an old or obscure movie/show that doesn't have CC, they can still send it out for the enjoyment of hearing folk.

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    2. Re:The deaf are kind of militant these days by rahvin112 · · Score: 4, Insightful

      Deaf "Culture" will be gone in a generation.

      The vast majority of children born deaf are receiving cochlear implants before the nerves degrade. This is rapidly degrading the number of deaf children. Over the long term I fully expect enrollment in deaf schools and existence of deaf culture to disappear with the only remaining deaf people being those that were afflicted by the condition later in life. Though even that is not certain, it takes several years of hearing loss before the nerves die and the body re-purposes resources so anyone that is caused to go deaf later in life will probably receive cochlear implants as well. As the technology of cochlear implants improves there will be more and more outlying cases where people are given implants.

    3. Re:The deaf are kind of militant these days by Anonymous Coward · · Score: 5, Informative

      And, believe or not, there's actually a movement against that. There are deaf people that want deaf children, and want them to remain deaf. I'm a type 1 diabetic, and I can't imagine forcing that on a child. It makes like a pain in the butt.

    4. Re:The deaf are kind of militant these days by elrous0 · · Score: 4, Informative

      Oh yeah, my roomie regarded those implants as the enemy, and any deaf person who supported them as a traitor.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    5. Re:The deaf are kind of militant these days by rahvin112 · · Score: 2

      Yes, I've read about them.

      Personally I think it's child abuse to deny a baby born deaf a cochlear implant for a stupid reason like "deaf culture" (if there is a legitimate medical reason thats a valid reason). If for no other reason (and there are a LOT of other reasons) loss of hearing is a serious safety issue.

    6. Re:The deaf are kind of militant these days by Nethemas+the+Great · · Score: 1

      Actually that's not quite accurate...

      As of January 1, 2008, 75 percent of “pre-rule” English language programming, defined as analog programming first shown before January 1, 1998, and digital programming first shown before July 1, 2002, must be captioned, with some exceptions.

      Source

      --
      Two of my imaginary friends reproduced once ... with negative results.
    7. Re:The deaf are kind of militant these days by alonsoac · · Score: 1

      On the other hand more people who were born with normal hearing are now going deaf and at younger ages because of damage produced by excesive noise (from having earphones too loud, from more powerfull sound equipment at discos, etc). So maybe it could just get worse. Also these implants are not available/affordable everywhere and that could take a long while to fix.

    8. Re: The deaf are kind of militant these days by Teresita · · Score: 1

      I can see the news blurb now:

      With last year's historic ruling completely gutting ObamaCare, this year a confident Supreme Court will consider issues of far greater import. At the top of the docket in 2013, the Nine will consider the case of a child born with only the sense of smell who is suing Netflix for not providing Robert Rodriquez' "Spy Kids: All the Time in the World" in the original "4D Aroma-Scope" format.

    9. Re:The deaf are kind of militant these days by techno-vampire · · Score: 2

      Those implants aren't for everybody. I have a service connected atilliary notch in my hearing, both ears. It's bad enough that I need hearing aids, and Closed Captions are a great help, but it's nowhere near bad enough for implants to be considered. (My disability rating is 0%; enough to get me free hearing aids, but not enough for compensation.) I don't currently use Netflix, but if I did, I'd prefer having captions whenever possible.

      --
      Good, inexpensive web hosting
    10. Re:The deaf are kind of militant these days by BitZtream · · Score: 2

      Your roomie was a self loathing moron who hasn't quite figured out that he doesn't need to hate the world and have it against him in order to have an identity.

      In short, your roomies handicap is not his inability to hear.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    11. Re:The deaf are kind of militant these days by evil_aaronm · · Score: 1

      It depends on the provider. For example, Netflix has "That 70's Show," and it's captioned. Some other Netflix content is not. If it's not captioned, I simply don't watch it.

      Apple iTunes is in a similar boat: I rented "The Tillman Story" and it wasn't captioned.

    12. Re:The deaf are kind of militant these days by evil_aaronm · · Score: 1

      I'm sorry that your implant doesn't work that well, but your anecdote doesn't fit all sizes. My implant works spiffy, and, to me, things sound about the same as they did before I lost my hearing. Maybe you should talk with your audiologist. Mine, Dr. Murray at the Cleveland Clinic, was freakin' awesome. When I wanted to play around with the mapping, for the sake of "science," she obliged and it was a really eye-opening experience: fuck up the map, and you're going to get a shitty sound.

    13. Re:The deaf are kind of militant these days by evil_aaronm · · Score: 2

      Yeah, I came into contact with a lot of those folks at RIT / NTID. Having lost my hearing the year before I attended RIT, that whole "mindset" kind-of bugged me; still does. It ain't "culture": it's a fucking disability, and it's nothing to celebrate, let alone perpetuate. Like employers are going to respect that "culture" when you go for a job interview. Like your infant is going to respect that culture when he's crying at night and you can't hear him. Like the cops are going to respect that culture when you need directions to a hospital and you can't understand a word they say.

    14. Re:The deaf are kind of militant these days by bornagainpenguin · · Score: 5, Insightful

      I think it's child abuse to deny a baby born deaf a cochlear implant

      No, what is child abuse is using the misfortune of someone's child being born with a hearing impairment to excuse human experimentation on infants with dubious real world results.

      I'm not a Deaf militant, but I am hard of hearing since childhood and have participated in the Deaf community and use sign language, so I know a little bit about this stuff because it involves me and those like me. I find the saddest thing has always been the way the families involved and the children diagnosed with it are treated. The second saddest thing is how many people who spout off about the issue do so from a position of ignorance and emotion, not facts.

      The fact is that cochlear implants are a dangerous gamble, one that rarely pays off as much as those who subject others to it expect. It requires drilling into the skull to place a piece of hardware in the head, one that still requires the use of an external aid to function. There are heightened risks of meningitis, nerve damage, necrosis of the cochlear implant skin flaps...none of which are really explained to parents before hand. Instead all parents of Deaf children hear is that there is a surgery that can "fix" their children.

      Worse, the recommendation is that the surgery be done at an early age because there is a limited window to get some form of language to the brain. The problem is that proponents of the surgery often advise against the children also learning sign language because it would interfere with them learning to process sounds. This is where the biggest gamble of all takes place--if the child doesn't properly learn to process the signals as sounds, they are effectively retarded in their development.

      By contrast sign language has shown to allow communication and build cognitive function at preverbal ages!

      That is why so many Deaf people get so militant about the issue!

      --
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    15. Re:The deaf are kind of militant these days by pitchingchris · · Score: 1

      what is your point. Cochlear implants or hearing aides, depending on the person, it only returns a percentage of hearing, and it still may be very difficult and frustrating for a hearing impaired person to follow along a movie without captions. Don't get me wrong, I don't think they should be forced to remove non-captioned movies (a lot of older movies were not captioned in the first place). But I think if at all possible, if the original content they have had subtitles, they should provide them. Yet there is a difference between closed captions and subtitles. Take Apple TV for example, it has the option to enable either subtitles or closed captions. (I watch netflix on the apple tv). If you rent a movie on the apple TV, it does serve up the closed captions, but Netflix will only do the subtitles, even if the original content had CC as well. Licensing issues aside, I believe its just a technical aspect that Netflix didn't bother to spend time on.

    16. Re:The deaf are kind of militant these days by silas_moeckel · · Score: 4, Informative

      Unfortunately deaf pride or whatever you want to call it is a very prevent and prominent culture in many primarily deaf settings. The local school was protesting hearing teachers even with implants. They are pushing for laws to prevent implants to those unable to consent (effectively making it a mute point as you cant wait till 18 to decide the nerves do atrophy). It's pushed pretty heavily by some deaf teachers to impressionable young children under there care. I guess it's not different that other teachers choosing indoctrination of other political agendas as part of there teaching.

      --
      No sir I dont like it.
    17. Re:The deaf are kind of militant these days by shibashaba · · Score: 1

      How much can a transcript possible cost? If an indie can't be bothered to sit there and write down what they while they watch it then I'm not sure if anyone else should watch it.

      --
      ---------- Open Source is capitalism applied to IP.
    18. Re:The deaf are kind of militant these days by Anonymous Coward · · Score: 1

      Provide citations, or expect to have these claims dismissed as wild speculative bullshit.

    19. Re:The deaf are kind of militant these days by Montezumaa · · Score: 2

      My girlfriend is on the road to becoming completely deaf and we have a hard time attending movie theaters, due to her not being able to hear most of the audio in movies. Usually, we just sit away from everyone(or do our best to) and I will put my mouth very close to her better ear and relay the important parts she misses. It is difficult, but we would never dream of forcing movie theaters to provided closed captioning on all movies. Of course, there has been a recent change that has made movies more enjoyable for her.

      Many of the theaters around us(metro Atlanta Area) have started to show movies with closed captioning. Usually, the more popular movies will have a special running, on certain days, which will run closed captioning. It is a nice feature and I hope to see more showings in the future.

      It would be nice to see a technology that uses glasses to display closed captioning to the view, while they are watching the screen, but not force everyone to view the closed captioning. Of course, closed caption doesn't bother me; it has never bothered me. Still, there are a number of people that get irritated at closed captioning, which forces theaters to forgo offering more closed captioning.

      Regardless, closed captioning is not expensive. It is actually extremely cheap these days. Perhaps closed captioning was expensive 10 to 20 years ago, but closed captioning is available cheap, and in many cases, free. Perhaps the formating of movies played in theaters would drive up the costs some, but I doubt that the filmmakers couldn't find cheaper solutions to provide closed captioning, if they wish to do so.

      Due to my girlfriend's schedule, we miss a lot of the TV shows that we would like to watch(though, there are not many anymore). We do not have a DVR, so I have to download the episodes we want to watch. It was during the first few times that I started downloading TV shows that I found sites that offer free closed captioning.

      The closed captioning is usually provided through .srt files, though there are other formats available. There are add-on programs that are required to make the .srt(or other format) files work with Windows Media Player. There is even a media player(http://www.bsplayer.com/) that will automatically download the closed caption from sites like podnapisi(http://www.podnapisi.net/en), subtitleseeker(www.subtitleseeker.com), and others.

      There are times that I might have to download a few .srt files to find subtitles that are synchronized with the media playing. Considering that it is free and that there are people doing this for other, without charge, it is well worth the effort. Of course, Hulu offers closed captioning, but we do not have access to proper broadband to afford streaming Hulu.

      I could have sworn that Netflix offered closed captioning, at least on some movies/shows. I remember seeing a Netflix app update that stated that closed captioning was now available, but that was 6 months to 1 year ago, at the very least.

      It seems that Apple is avoiding the ADA's angst. All of the movies I have purchased from iTunes do not offer closed captioning. I remembering seeing something in an update that stated Apple would start providing closed captioning, but it has not materialized for any of the content I have already purchased. It would be nice to download the content again with closed captioning included.

      I do not believe companies should be forced to offer closed captioning, just like I will not be forced to pay for content my girlfriend and I cannot watch. It is ridiculous that movies and TV shows on DVD/Blu-ray provide closed captioning, but the digital copies do not. If one format offers closed captioning, all of the formats should offer it. Regardless, this is not something that should be forced on companies.

    20. Re:The deaf are kind of militant these days by bdabautcb · · Score: 1

      There is a huge difference between diabetes and deaf. I almost had my pancreas removed, and know how it feels. However, especially in early child development, communication with parents has been shown to be incredibly neurologically important. They are not necessarily 'forcing' a disability on the child, they are enabling the child to learn linguistic skills at the early age where it matters for brain development. I am not necessarily arguing with you, but I think the deaf parents do have a good basis for their point of view. Their kids are not diabetic from age one, they are communicating differently than the parents at age on (which certain evidence has shown puts them at a huge disadvantage to develop well, however only if they do have parents that are there and taking care of them). If it were a child with no parental prospect, I would certainly agree with you.

      --
      Koalas. They're telepathic. Plus, they control the weather. -Margaret
    21. Re:The deaf are kind of militant these days by mvdwege · · Score: 1

      You know, it's the ones selling the implants that should provide evidence that there are no significant side effects. So why don't you get off your privileged high horse when someone in the target group says that there are perceived downsides?

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    22. Re:The deaf are kind of militant these days by RivenAleem · · Score: 1

      I'm a type 1 diabetic, and I can't imagine forcing that on a child. It makes like a pain in the butt.

      Is that really where you should be injecting yourself?

    23. Re:The deaf are kind of militant these days by BenFenner · · Score: 1

      making it a mute point

      I see what you did there.

    24. Re:The deaf are kind of militant these days by silas_moeckel · · Score: 1

      not intentionally

      --
      No sir I dont like it.
    25. Re:The deaf are kind of militant these days by the_y_the · · Score: 1

      I'm currently living in a compound with a few other aid volunteers, and one of them is a deaf teacher. She teaches kids at a school in this country for special needs children.

      I preface my comments with that I think she is doing a wonderful job and is a brilliant teacher but she made the remark to me that she said that many deaf parents, herself included, WANTED deaf children. Not just that they are opposed to cochlear implants, which she is, but they desired deaf kids.

      I understand that there may be medical issues with implants, and forgive my ignorance, but why does teaching a child with cochlear implants both an oral language, and a sign language impede their ability to process sounds? They are still able to hear the sounds and associate a gesture with it.

      But my other point is that, the "militancy" may not be restricted to cochlear implants, but that deaf people would prefer a deaf offspring to a fully hearing one. THAT strikes me as selfish and yes overly militant.

    26. Re:The deaf are kind of militant these days by bornagainpenguin · · Score: 1

      On the flipside of that coin... doing absolutely nothing with the technology will SURELY improve it.

      Who said that nothing should ever be done with it? There has been some great success when used by people who become deaf later in life; I just don't think (for reasons already explained above) children should have their entire futures gambled with.

      There is a limited time window to input language in a human brain--but we've seen that once a language (any language) is imparted it is ridiculously easy to add more. Especially during the time range we're talking about here where neurons are making connections at a frantic rate. My primary objection to cochlear implants in children has always been the insistence of its proponents to have the child raised oral only and forbidding or discouraging the use of sign language. This results in a gamble with the parents placing everything the hope the child will figure out the strange sounds are communication in time to develop those centers of the brain enough to provide the foundation for their future life.

      With adults that have become deaf later in life there are less issues because they already have language in the brain and because they are adults, who presumably are old enough to make their own choices.

      --
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  4. Re:The ADA pushes too hard by ClioCJS · · Score: 1

    Why can't the law just require buildings to have handicapped ramps if they "can"?

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  5. Youtube? by 24-bit+Voxel · · Score: 4, Insightful

    Would this include YouTube?

    1. Re:Youtube? by bongey · · Score: 2

      Youtube has Transcribe Audio feature , it is beta like everything else.

    2. Re:Youtube? by Nethemas+the+Great · · Score: 1

      If it includes Netflix under the definition of "multi-channel video programming distributors"...

      --
      Two of my imaginary friends reproduced once ... with negative results.
    3. Re:Youtube? by Krischi · · Score: 1

      Only content that has been previously shown on TV with captions is covered on YouTube, by the 21st Century Communications and Video Accessibility Act. And unlike Netflix, Google has been very cooperative in complying with the captioning requirements under that law.

    4. Re:Youtube? by sound+vision · · Score: 1

      And unlike the other betas, it sucks ass and it next to useless. (The "next to" being that it can be good for a laugh - other than the laughs it's totally useless.)

    5. Re:Youtube? by idji · · Score: 1

      only for commercial content

  6. Don't forget the blind! by _8553454222834292266 · · Score: 3, Funny

    Netflix will need to mail a Braille transcript.

    1. Re:Don't forget the blind! by DarwinSurvivor · · Score: 1

      It's called "descriptive audio" and has been available in many places for over a decade.

    2. Re:Don't forget the blind! by Krischi · · Score: 1

      These are actually now required by the 21st Century Communications and Video Accessibility Act, starting in July. More specifically, the top four national networks have to provide a minimum of 50 hours of prime time video descriptions per quarter.

    3. Re:Don't forget the blind! by ZeroSumHappiness · · Score: 1

      What about the deaf-blind though?

    4. Re:Don't forget the blind! by Krischi · · Score: 1

      At the moment, they are screwed. However, there are some possibilities, based on the already existing closed captions. The biggest obstacle in moving forward on this problem is DRM, which is illegal to circumvent under the DMCA.

    5. Re:Don't forget the blind! by ZeroSumHappiness · · Score: 1

      Now that I think about it the CC track is a separate, digital text encoding, hence why it looks different on different TVs. So if it doesn't already exist you could create a CC-to-braille reader.

    6. Re:Don't forget the blind! by Krischi · · Score: 1

      That is true for TV, but not for DVDs and BluRay discs. The latter could be handled via OCR, though. Unfortunately, DRM frequently stands in the way, unless we can gain an exemption to the DMCA from the Copyright Office. We filed for one, but this matter is still pending, and the Copyright Office told us that their ruling could go either way.

    7. Re:Don't forget the blind! by ZeroSumHappiness · · Score: 1

      Are you sure that DVDs don't carry a CC track? I think different DVD players show the subtitles differently. Don't think I've ever tried CC while watching a DVD though.

    8. Re:Don't forget the blind! by Krischi · · Score: 1

      Older DVDs do have textual captions. But HDMI has no provision for carrying closed caption data, and as a result these are not viewable on TVs that are connected to the player via HDMI (*). As a result, newer DVDs and BluRay discs uniformly use subtitles, instead, which are rendered bitmap images, rather than text.

      (*) Recent FCC rules require that DVD and BluRay players must render the captions themselves before transmitting them via HDMI, starting in 2014, but this is tangential to the argument.

  7. Serious question: by gcnaddict · · Score: 2, Interesting

    What if Netflix doesn't consider the deaf to be its target audience and specifically indicates this fact? Why can a private service which requires people to pay before viewing content be forced to accommodate people who may not be their target market?

    By this same token, a duochrome-colorblind person can petition for color-adjusted films. A blind person can request a specific voice feed that describes the actions of the characters in a film, and so forth. Why not just let some other service create closed captions for deaf viewers to subscribe to?

    --
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    1. Re:Serious question: by Sancho · · Score: 1

      Why can a private service which requires people to pay before viewing content be forced to accommodate people who may not be their target market?

      The same reason Congress can enact nearly any law--interstate commerce.

    2. Re:Serious question: by OrangeTide · · Score: 1

      What if Netflix doesn't consider the deaf to be its target audience and specifically indicates this fact?

      The legislation makes it clear that businesses aren't given a choice. There are multiple laws that prohibit discrimination in general.

      --
      “Common sense is not so common.” — Voltaire
    3. Re:Serious question: by Githaron · · Score: 1

      I personally think the suit is dumb. Why should Netflix be forced to create content and put it on its site? The National Association for the Deaf should have simply asked if Netflix if they would be willing to add CC to its videos if the CCs were provided. I believe Netflix already has CC on some of its videos. They would probably be willing to add the CCs if they were provided in the correct format. The National Association for the Deaf could then either collect donations or start a Kickstarter in order to create the CCs. Hell, a project like this could be crowd sourced.

    4. Re:Serious question: by Idbar · · Score: 1

      I'm more interested on who's pushing this. I have Netflix and I have been enabling at least subtitles on many shows.

      I'm yet to see this on cinemas. So why Netflix?

    5. Re:Serious question: by spire3661 · · Score: 3, Insightful

      Becasue we as a society have determined that private enterprise can only exist at our discretion. Part of that discretion is making sure if you are open to the public, that you make reasonable accommodations for differently-abled. We then pretty clearly spelled out what those obligations are. If you open a business without factoring in these responsibilities, then i do not feel sorry for you if your model fails.

      --
      Good-bye
    6. Re:Serious question: by Banichi · · Score: 1

      The disabled are not being forbidden to experience these media, they simply lack the ability to do so to the fullest.

      Deaf people have a right to listen to whatever they can hear, but not the ability.
      Hungry people have a right to eat, but not the ability.

      This is why the end result of this will be the case being appealed into oblivion or thrown out.
      Mind, it may bankrupt Netflix in the process.

    7. Re:Serious question: by alonsoac · · Score: 1

      If some other company from outside the US does what Netflix does they would not be bound by these rules I suppose?

    8. Re:Serious question: by DarwinSurvivor · · Score: 1

      Well, if you only sell bicycles, pogo sticks and jump ropes, you may have a solid defence there. Of course there will always be at least 1 handicapped person trying to buy a pogo stick for their niece, so your mileage may vary.

    9. Re:Serious question: by Sancho · · Score: 1

      That would be the logical way to do things. Then again, the US is trying to extradite a UK citizen for doing something over the Internet which is criminal in the US but legal in the UK. So who knows?

    10. Re:Serious question: by Raenex · · Score: 1

      This is why the end result of this will be the case being appealed into oblivion or thrown out.

      I wish you were right, as I really hate this "discrimination" crap when you aren't making special accommodations. However, I assume the opposite will happen, and Netflix will be forced to pay for this because they have deep pockets.

    11. Re:Serious question: by Trecares · · Score: 4, Interesting

      Because just like broadcast television, they are sufficiently large enough to cover the costs associated with captioning the content. Netflix does have some content that is captioned on their streaming service, but frankly it's mostly a joke.

      I am not sure what their process involves in acquiring the visual content that they stream. Netflix seem to have no difficulty in acquiring the audio tracks to stream along with the visual content. If Netflix is getting the content from the DVD's or whatever, it should be trivial enough to rip the subtitle / closed captioning tracks already present, sync it up and stream it as well. The physical DVD is captioned, yet the stream isn't. Netflix, along with a number of other content providers are basically saying, "Meh it's not worth our time to deal with it, so tough luck." Technically it should be trivial enough to do this but they are not. That's when the government usually has to step in. It's not so much a matter of preserving their profit, but doing the right thing and providing accessibility. Otherwise it's essentially tyranny of the majority.

      The main reason why this lawsuit is necessary is because many online streaming services are essentially doing nothing or a very poor job of providing captioned content. Hulu for example, has a limited selection of captioned content within their catalog. This would not be so bad if they were more conscientious about monitoring their content. Sometimes they do not caption a given episode out of a captioned series. Apparently they have to "receive" it from the content provider. They do not check to ensure that the file has been received each time and that it plays properly. I've had missing captioning, captioning that was out of sync, content that indicated it was captioned, but no captioning, content that does not indicate captioning, but had captioning. If this had been happening with a broadcast television station, they would have been hit with a bunch of fines. That's why broadcast stations have someone monitoring it to ensure quality and delivery of captioned content.

      Back to the point, streaming services are becoming more widespread, their catalog is expanding. They need to develop a scheme that simplifies handling and streaming of content such that captioning is automatically included and present from the content provider. That would ease the burden on Netflix, Hulu, and others. Netflix is the ideal target because they have one of the largest catalog of streaming content, and most of them were already captioned previously. In doing so, Netflix would have to sit down with the content providers and figure out a solution.

      Clearly not all content would feasibly be captioned. No reasonable court would enforce captioning on "private" or indie content unless aired over broadcast/cable. The burden on captioning needs to be shifted to the content creators. There are already standards that determines what content must be captioned and anything below that is at their discretion. It won't be easy I admit, but this needs to happen, and the sooner, the better.

    12. Re:Serious question: by Raenex · · Score: 1

      Becasue we as a society have determined that private enterprise can only exist at our discretion.

      "Land of the free" and the right to "pursue happiness", *snort*.

    13. Re:Serious question: by Krischi · · Score: 2

      The movie theaters tried to make the same argument and were slapped down by the 9th Circuit. The judges essentially told them: "So, does this mean that a courthouse does not have to provide a wheelchair accessible ramp, because it is targeted only at people without a mobility impairment?" The largest three movie theater chains eventually settled because of this. WIth digital projection systems, the cost to equip a theater with closed-caption equipment is less than $2500.

    14. Re:Serious question: by spire3661 · · Score: 1

      Republic

      --
      Good-bye
    15. Re:Serious question: by fermion · · Score: 3, Interesting
      A small private service can select a targat audience. A large corporation, of in the case of netflix a corporation controlled by public stock, much less so. As part of being in America, and profiting off the infrastructure paid for by the american taxpayer, there are some sacrifices to make. I suspect that Netflix would not survive long without a legal system that allowed it the right to rent legally purchased videos, or a postal system that provided the distribution network, or the labor laws that allow low wages.

      So, in a way, every taxpayer is a customer because every tax payer has helped build the infrastructure that allows a large corporation to exist. Hell, every one in the US pays a tax on their phone so rural people can have cheap communication. Tell me Netflix could be this big without such a tax.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    16. Re:Serious question: by bky1701 · · Score: 1

      Then let's start suing bookstores for not providing all their books on CD. Those bastards aren't making proper accommodations for the "differently-abled," let's hang em!

    17. Re:Serious question: by bky1701 · · Score: 1

      Constitutional republic. The first bit is important.

    18. Re:Serious question: by scheme · · Score: 2

      Becasue we as a society have determined that private enterprise can only exist at our discretion.

      "Land of the free" and the right to "pursue happiness", *snort*.

      Where does either of these terms include being able to set up fictitious legal entities that have the same rights as people? People are totally welcome to start up businesses and take on the full liabilities for doing so. However, if you want to setup a corporation so that you can sell shares and sheild owners of the company from being sued for actions taken by the company or it's officiers than you're going to accept restrictions and requirements for being able to do this.

      --
      "When you sit with a nice girl for two hours, it seems like two minutes. When you sit on a hot stove for two minutes, it
    19. Re:Serious question: by Raenex · · Score: 1

      You'd have a point if the ADA only applied to corporations:

      http://www.ada.gov/t3hilght.htm

      "Who is Covered by Title III of the ADA

      The title III regulation covers --

              Public accommodations (i.e., private entities that own, operate, lease, or lease to places of public accommodation),

              Commercial facilities, and

              Private entities that offer certain examinations and courses related to educational and occupational certification.

      Places of public accommodation include over five million private establishments, such as restaurants, hotels, theaters, convention centers, retail stores, shopping centers, dry cleaners, laundromats, pharmacies, doctors' offices, hospitals, museums, libraries, parks, zoos, amusement parks, private schools, day care centers, health spas, and bowling alleys.

      Commercial facilities are nonresidential facilities, including office buildings, factories, and warehouses, whose operations affect commerce."

    20. Re:Serious question: by alcourt · · Score: 1

      Many people do not understand that the ADA requires reasonable (not every) accommodation. Damages are limited to accommodation only, unless my memory has completely failed me.

      I've had to use the ADA for work more than once. Most of the time, it works well with minimal hassle. I notify the appropriate office, they take the claim and my request, and then ask management if they concur. In one case, the manager literally jumped at my suggested solution. (It gave him a political out to get something done he wanted done before, but couldn't find an excuse to justify it to his management.) I've heard of cases where it wasn't as effective. What we hear about are those troublesome cases.

      Providing closed captioning as an optional track is far from an unreasonable effort to accommodate others. It isn't even for the legally deaf. I know people with hearing loss who can hear, but have a hard time with conversations. It makes it more enjoyable for them. We used closed captioning as a subtle way to help a child learn to read, them constantly seeing the words associated with the speech.

      The hatred against the ADA here is disgusting. Netflix has been criticized for years for choosing not to obtain closed captioning in any form for even movies where it is available. It's why I dropped them after their free trial. They can do it, they just have chosen not to. Doing it won't end the world for them or others.

      --
      "I may disagree with what you say, but I will defend unto the death your right to say it." -- Voltaire
    21. Re:Serious question: by wiredlogic · · Score: 1

      I think the main issue is that CC on DVDs is often implemented as graphic overlays rather than supplementary text data. BluRay (and HD DVD) can only implement CC as overlays. These overlays can't be effectively converted back into text data and don't get carried over in the translation to streaming media formats. So long as the content industry is focused on targeting these disc formats there will be a problem in getting raw CC data for presentation without the use of overlays.

      --
      I am becoming gerund, destroyer of verbs.
    22. Re:Serious question: by arose · · Score: 1

      Wheelchair parts almost certainly overlap with bicycle parts. In-line skate wheels definitely are used. The more you know.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    23. Re:Serious question: by bky1701 · · Score: 1

      Bookstores "making an effort" of their own free will to provide audio and braille for some of their stock is different than suing a media outlet for not providing all of their media as such. My point stands. Sue bookstores if you are that outraged about it.

    24. Re:Serious question: by will_die · · Score: 1

      No Netflix has said we have around 40% of our stream media with CC and are working to have that up to over 80% by the end of the year. The problem is getting the licenses for the CC for internet broadcast.

    25. Re:Serious question: by Raenex · · Score: 1

      Yeah, I mean really, deaf folks pursuing happiness?

      I've got nothing against that.

      Hearing folks helping them pursue this goal?

      There's a big difference between voluntary help and forced help.

      Legal persons being subject to the authority that makes their existence possible?

      You're missing the part about freedom and pursuing your own happiness. What you are advocating is forcing society at large to make special accommodations for a minority under the guise of being against "discrimination".

    26. Re:Serious question: by flimflammer · · Score: 1

      The stupid thing is that Netflix is already making an effort to spend their company time and money captioning movies which aren't captioned by content creators. That this suit even came up feels in bad faith. Netflix is working on getting as many videos captioned as they can. They can't caption them all over night.

      Netflix should not have to remove all the videos which don't have CC. That just hurts everyone for no benefit to anyone, just in spite of those who can hear, so the hearing impaired don't feel left out.

    27. Re:Serious question: by flimflammer · · Score: 1

      Except that it's not even close to that. The hearing impaired are more than welcome to use the site and access its content. They're just incapable of getting the most out of it, much like someone who is legally blind won't get the most out of the content on Netflix. Much of the content is already CC'd and Netflix is actively working on making it more so. Should Netflix also be forced to include descriptive narration as well for all of it's content despite the costs of personally creating it?

      That isn't remotely comparable to denying business to someone based on the color of their skin.

    28. Re:Serious question: by Hatta · · Score: 1

      Becasue we as a society have determined that private enterprise can only exist at our discretion.

      That was the 20th century. In the 21st centruy, private enterprise has determined that society can only exist at their discretion.

      --
      Give me Classic Slashdot or give me death!
    29. Re:Serious question: by stdarg · · Score: 1

      A group of activists pick a target that most people think doesn't matter (it's Netflix, not the IRS.. you don't go to jail for not complying with a Netflix video), and they make an example of that target in the courts. The activists get all sanctimonious and talk about how it's a victory for everybody or a victory for fairness or some crap.

      The hatred of the ADA comes down to its application to nonessential services and its reliance on activists who use the courts to get their way.

      Not only that, the principles behind ADA are capricious. Do deaf people "need" Netflix? Do they "need" Netflix more than someone who is too poor to pay for Netflix? No, the "need" is the same, so therefore if society has a moral obligation to provide access to Netflix to deaf people, it must have an equal moral obligation to provide Netflix to poor people. So in trying to help prevent discrimination against one group, it itself is discriminating against many other groups. It's a cognitive dissonance that many find unpleasant.

      Reactions to the ADA are similar to reactions against affirmative action programs and stories about gender-related angst (not enough women in IT, etc). And for good reason -- they are conceptually very similar.

    30. Re:Serious question: by stdarg · · Score: 1

      Wow, is your summary accurate? Actual federal judges compared an essential service like court access to a movie theater?

      I mean, I'm going to give the judges the benefit of the doubt and say they aren't utterly stupid, they just wanted to blatantly expand the power and intrusiveness of the government through the ADA and don't give a shit how their pretenses sound.

      Someone should start a lawsuit in the 9th circuit that says movie theaters are required to provide free service to those who can't afford them, and interpreters to those who can't understand the spoken languages of the movie, since that's what courts do and, really, courts and movie theaters are pretty much the same thing.

    31. Re:Serious question: by Krischi · · Score: 1

      Whether or not something is an essential service is irrelevant under the ADA. The whole point is that you can't get out of discriminating against a group by stating that said group is not your target group. Contrary to your insinuation, the 9th Circuit judges are not stupid - in fact, they have a long history of coming down on the side of businesses.

      As for the free services and interpreters, this is a strawman par excellence and not worth replying to. I'll just note two things here:

      First, deaf and hard of hearing moviegoers pay for their tickets like everyone else. Second, supporting closed captioning in a movie theater is a ONE TIME cost of $2500 for the equipment. The rest is handled by the fact that digital projection systems already provide all the necessary functionality natively and that most movies are already captioned by the content owners.

      And if a theater does not have a digital projection system yet, it is not required to provide closed captions.

      So, let's cut the BS already.

    32. Re:Serious question: by stdarg · · Score: 1

      As for the free services and interpreters, this is a strawman par excellence and not worth replying to.

      You missed the point of my strawman. The fact that you noticed it was a strawman should clue you in that the original comparison by the judge is also flawed. Nobody said you should be able to strictly limit the definition of your target audience when it comes to essential services like court access. Comparing a movie theater to a court house in terms of accessibility is ridiculous.

      First, deaf and hard of hearing moviegoers pay for their tickets like everyone else.

      That's irrelevant. The most they should expect is that after paying, when they find out there are no subtitles, they should get their money back.

      Second, supporting closed captioning in a movie theater is a ONE TIME cost of $2500 for the equipment.

      Great, so that's not a huge deal for an established theater and they. Are we talking about the principle, or whether it can work in practice? Obviously it works in practice, because it IS the law and theaters DO have that equipment. How about the principle of it though?

      If it's so cheap, what I think would be a better outcome than forcing every theater to do it is instead to have one theater in the community do it and all the deaf people can go there. They can have more showings with the subtitles on, the crowd would be better, and the theater could provide additional services to make it more convenient for deaf people. What's wrong with that? Why force everybody to do it so you end up with a watered down experience?

    33. Re:Serious question: by OrangeTide · · Score: 1

      If black people aren't the target for my business....

      Men buy tampons all the time. I'm going to guess you aren't married.

      --
      “Common sense is not so common.” — Voltaire
    34. Re:Serious question: by DarwinSurvivor · · Score: 1

      What part of a wheelchair (other than maybe the tube INSIDE the tire) do bicycles have?

  8. Re:The ADA pushes too hard by Anrego · · Score: 4, Insightful

    Probably because they wouldn't do it at all.

    Like everything else, we can't seem to find a happy medium. Making something (anything) accessible is almost always a financial loss. You spend thousands of dollars adding ramps, special bathrooms, etc and might gain 4 new customers.. you add CC to a video and again, you probably won't draw enough extra traffic to pay the cost of doing so.

    We have decided as a society that simply having no accessibility is unacceptable. So we have to bite the bullet and call it a cost of business. Unfortunately as usual, we went to far.. and now as you said, we end up putting unreasonable burdens on people for very little benifit.

  9. what does this mean for all websites? by Eponymous+Hero · · Score: 3, Funny

    if this is about discrimination in any venue, then there are millions of porn sites and otherwise that are not ADA compliant.

    --
    insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    1. Re:what does this mean for all websites? by Nethemas+the+Great · · Score: 2

      Well at least it'd be pretty simple to CC those... "oooh,... yes! yes! oh god yes! harder baby, harder..." Could probably use the same generic one for them all.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    2. Re:what does this mean for all websites? by bky1701 · · Score: 1

      Even the militant politically correct will not demand subtitles for porn. Personally, I say we start a movement for totally silent porn.

    3. Re:what does this mean for all websites? by R3d+M3rcury · · Score: 1

      Watch Cinemax at night, when they have soft-core porn. And, yes, it's closed-captioned.

      What makes me laugh is the captions--while arguably accurate--don't really capture the tone of voice used. So you will see the large-busted woman gyrating in the throes of passion and the caption at the bottom of the screen will read:

      "Oh."

    4. Re:what does this mean for all websites? by CTU · · Score: 1

      They would not need to be so specific. "woman moans" well that would be it....unless I am wrong, but since I really only care for lesbian porn I might be.

  10. Should be easy to do by Todd+Knarr · · Score: 1

    Most of the videos on Netflix are movies or TV shows. Every movie I've seen since DVDs came out have subtitling on them, it should just be a matter of including that information in the streamed video (assuming Flash allows for displaying subtitles). Most TV shows are close-captioned already, again it should be just a matter of including the close-captioning information in the stream. There should only be a minority of content that isn't already ADA-compliant.

    1. Re:Should be easy to do by Zaelath · · Score: 1

      Most of the content I've watched already has CC... to be honest this sounds more like you'll see some content pulled until the content providers supply CC.

      This is a wash for the deaf, they get no new content.

      The hearing lose.

      I'm all for them making some kind of "from now on" decision, but to kill off the back catalogue is nothing short of petty and vindictive.

    2. Re:Should be easy to do by hsmith · · Score: 1

      Should be easy to do

      Are you a project manager by chance?

      If it seems easy, it never is.

    3. Re:Should be easy to do by Jason+Levine · · Score: 1

      As another poster pointed out, Netflix likely isn't ripping the DVDs. When they make a deal with a content provider, that provider gives them a digital file to put on their servers. If that digital file doesn't include closed captioning information, they'll need to get this from the content provider. If their contract doesn't provide for that, they may need to pay extra for that stuff. Knowing content providers, it won't come cheap.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  11. Wiki-ize, if the MPAA would allow it by sideslash · · Score: 4, Insightful

    There are a lot of people who would participate in typing up the CC track for movies, especially if it was allowed to be copied around for noncommercial use. Unfortunately, I seriously doubt that the MPAA would allow it, for the same reason they don't want you to rip your own DVD for backup purposes -- their policies are directed by lawyers whose priorities rarely overlap with what's good for consumers. If they could sue the IMDB project, they probably would.

    1. Re:Wiki-ize, if the MPAA would allow it by leromarinvit · · Score: 2

      Wiki, really? I doubt Netflix wants a blind person to stream Star Trek II and all of a sudden see "KHAAAAAAAAAAAAApenispenispenis" as well. ;)

      I think if I were blind I'd appreciate being able to see again, no matter what the first thing I saw was!

      --
      Proud member of the Ferengi Socialist Party.
    2. Re:Wiki-ize, if the MPAA would allow it by sideslash · · Score: 1

      It would be a lot cheaper for Netflix to capture a snapshot of a wiki-ized CC movie track and pay an intern to scan through it for vandalism than to pay somebody to actually type it all in along with time synchronization info. (And as the other jokester pointed out, it probably wouldn't offend any blind people.)

    3. Re:Wiki-ize, if the MPAA would allow it by Githaron · · Score: 1

      There are a lot of people who would participate in typing up the CC track for movies, especially if it was allowed to be copied around for noncommercial use. Unfortunately, I seriously doubt that the MPAA would allow it, for the same reason they don't want you to rip your own DVD for backup purposes -- their policies are directed by lawyers whose priorities rarely overlap with what's good for consumers. If they could sue the IMDB project, they probably would.

      Wiki, really? I doubt Netflix wants a blind person to stream Star Trek II and all of a sudden see "KHAAAAAAAAAAAAApenispenispenis" as well. ;)

      I think you mean deaf. In any case, crowd sourced CCs would just go through a vetting process. If you want to participate in the creation or vetting of CCs, you opt-in with the knowledge that you might see "KHAAAAAAAAAAAAApenispenispenis" and then be give the ability to flag and change the CC. Some sort of scoring system could be used to determine when a CC as been sufficiently vetted and added to the video for those that did not opt-in to the vetting process.

    4. Re:Wiki-ize, if the MPAA would allow it by Darinbob · · Score: 1

      If MPAA doens't allow it then Netflix can present this as a defense and they won't have to subtitle those movies. Most however are already subtitled.

    5. Re:Wiki-ize, if the MPAA would allow it by ZombieBraintrust · · Score: 1

      There is a site doing this already called viki.com Netflix just needs to buy the tech. Not sure how well it would work for less popular stuff.

    6. Re:Wiki-ize, if the MPAA would allow it by sideslash · · Score: 1

      (Cool, thanks for the link. Somebody mod parent up.) Looks like viki.com is focused on non-English language films, which is probably how they stay under the radar of the MPAA.

  12. Yee haw! by mcspoo · · Score: 1

    As a deaf American, I am happy this is happening. It makes Netflix useful, and I'd like to see it expand to all online video. What excuse do CNN or Fox news online have NOT to captioning the video on their websites? Not a single one.

    As an American businessman, I can understand what a collosal pain in the ass it is for business... but it's not the fault of ME or any other deaf person that Netflix chose to ignore us.

    Would you use Netflix if all the movies and shows had no sound? Course not. There's no excuse not to have closed captioning, not from a technical stand point at least. Almost all original video has captioning enclosed nowadays. ALL broadcasts in the US are required to have closed captioning. Claiming they don't have access to the captioning is horse feces.

    The bigger issue is the LICENSING costs, I believe. Captioning is often treated as a separate performance from the primary material. This, I believe, its also horse feces. Is the sound a separate performance from the video? No, it goes together to produce the performance.

    I'd also like to see it expanded to the movie theaters, where a deaf person is often treated like a fool for asking if a movie has captioning... and having to seek out 2nd or 3rd run options, when there is plentiful technology to present this without issues (Rear Window, specifically) with other movie goers.

    Again, I understand this costs money, but... if you did it in the first place, it wouldn't be an issue, would it? Or should be all be watching silent movies still?

    1. Re:Yee haw! by Anrego · · Score: 1

      This, I believe, its also horse feces. Is the sound a separate performance from the video?

      Yes!

      This is a huge problem for people trying to release old TV shows on DVD. They have to re-license the sound tracks. In a lot of cases, the cost either prevents them from releasing the DVD, or forces them to (at less cost) replace the audio with soundalike music (see: Married with Children).

    2. Re:Yee haw! by mcspoo · · Score: 1

      A valid point then. Even if it is, doesn't mean it should be :)

    3. Re:Yee haw! by Lehk228 · · Score: 1

      ADA requires REASONABLE accommodation, if the CC data costs more to license that would not be a reasonable accomodation, if the CC data cannot synchronize properly with existing video streaming systems it would not be a reasonable accommodation

      --
      Snowden and Manning are heroes.
    4. Re:Yee haw! by mjr167 · · Score: 1

      The close captions have always pissed me off. The options are always something like the following: english for the deaf and hearing impaired, spanish, french, ..." There are actually a lot of non-deaf people who turn the subtitles on. Why don't they just say "english"?

      If you are serious about wanting good subtitles available, you should beat up on the content providers that do not provide netflix with good subtitles. Many of the shows I have watched on netflix have extreamly poor quality subtitles. I have actually seen subtitles along the lines of "@#$!$$#%^#."

    5. Re:Yee haw! by Khyber · · Score: 1

      "like to see it expand to all online video"

      Typical non-thinking fool.

      Try making me caption a purely wordless musical performance. GOOD FUCKING LUCK.

      Entitled, much, asshole?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:Yee haw! by ZeroSumHappiness · · Score: 1

      Braille bank machines in the drive through tellers.

      Put blind person in driver's side seat behind the driver. Problem solved.

    7. Re:Yee haw! by ZeroSumHappiness · · Score: 1

      o/ [music] o/

      Done.

    8. Re:Yee haw! by Krischi · · Score: 1

      Yes, they asked nicely many times.

    9. Re:Yee haw! by Khyber · · Score: 1

      No, more like the ADA will force a fully-transcribed tablature score across the bottom of the video, in time.

      These fuckers need to stay within their jurisprudence.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    10. Re:Yee haw! by WaffleMonster · · Score: 1

      As an American businessman, I can understand what a collosal pain in the ass it is for business... but it's not the fault of ME or any other deaf person that Netflix chose to ignore us.

      Again, I understand this costs money, but... if you did it in the first place, it wouldn't be an issue, would it? Or should be all be watching silent movies still?

      In business special needs carries a special price.

      How much money do you have? Are you willing to pay for production of a niche service or are you expecting everyone else to pay for you?

    11. Re:Yee haw! by alcourt · · Score: 1

      Reasonable is not the same as no additional cost. For example, at work, a reasonable accommodation for me was to move me from one building to another. The cost to the company was not zero. But it was still considered an ADA mandate.

      --
      "I may disagree with what you say, but I will defend unto the death your right to say it." -- Voltaire
    12. Re:Yee haw! by alcourt · · Score: 1

      Incorrect, though I suppose I should not feed the trolls. Closed captioning for wordless music is usually either "music playing" or similar. I have seen "upbeat jazz playing" before. That is sufficient.

      For music with lyrics, the lyrics themselves are often shown with music symbols on both sides, when the voice fades to intelligibility, the closed captioning will say that.

      No, I'm not deaf, but I leave the closed captioning all all the time, it helps deal with incompetent sound engineers that think that dialog should be much quieter than every other sound in the movie.

      --
      "I may disagree with what you say, but I will defend unto the death your right to say it." -- Voltaire
    13. Re:Yee haw! by ZeroSumHappiness · · Score: 1

      incompetent sound engineers that think that dialog should be much quieter than every other sound in the movie

      TVs and sound systems definitely need dynamic range compression settings. I'm glad that VLC finally has it, but that really just means torrented movies give me even more benefits over streaming services...

    14. Re:Yee haw! by Khyber · · Score: 1

      "Incorrect, though I suppose I should not feed the trolls."

      Actually, quite correct. I've gone down this legal route before in Tennessee, being a disabled American myself.

      But you keep on thinking you know what you know when you've obviously never had to go to court regarding such things.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  13. Re:The ADA pushes too hard by mcspoo · · Score: 1
    I actually like that idea. Rewards for doing the right thing. But...

    Do you give them a reward for providing sound so people who can hear have no issues watching the movie? You know, they give out refunds if the movie plays without sound... Do I ever get a refund if the RW or Open Captioning advertised doesn't play? No.

  14. Awesome. So does this mean that section 508 has to be extended to non-governmental entities, too? (Btw, /., you're in violation; I see at least two non-text elements without text equivalents while I'm typing on this page.)

    --
    Those who fail to understand communication protocols, are doomed to repeat them over port 80.
  15. Re:The ADA pushes too hard by Todd+Knarr · · Score: 2

    Because then every business would argue that it can't install ramps. And usually the argument would boil down to it being possible, it'd just cost money and the business doesn't want to spend money.

    Society, OTOH, has decided that it's not in it's best interests for a significant number of it's members to not be able to do the basic things everyone else can, like get into a store and shop for goods or go to the theater and watch a movie. Just like it decided it wasn't in it's best interests for a significant number of it's members to be relegated to the back of the bus and to second-rate schools just because of the color of their skin. Businesses don't like it now, just like they didn't like it then, but society doesn't make it's decisions based on what's best for businesses (just like businesses don't make their decisions based on what's best for society, apparently). I've a little sympathy for them, but since in large part they've demonstrated that nothing short of application of a blunt instrument will get them to behave my general attitude's become "If they don't like the terms society wants, they're free to pack their businesses up and go elsewhere.".

  16. only 25% of the time my dear fellow by way2trivial · · Score: 2

    "As of January 1, 2008, 75 percent of “pre-rule” English language programming, defined as analog programming first shown before January 1, 1998, and digital programming first shown before July 1, 2002, must be captioned, with some exceptions."

    citation:http://transition.fcc.gov/cgb/consumerfacts/closedcaption.pdf

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re: only 25% of the time my dear fellow by Darinbob · · Score: 1

      It also doesn't have to be captioned well. Captioning can be very cheap. Most media do not mind doing this because the audience that likes the captioning is very large and includes more than deaf people.

    2. Re: only 25% of the time my dear fellow by russotto · · Score: 2

      It also doesn't have to be captioned well. Captioning can be very cheap.

      The requirement cuts off the "long tail", though; if this goes through, Netflix can no longer show the many films which haven't been captioned and only get a very few viewers.

  17. I'm perplexed by pkinetics · · Score: 2

    If NetFlix is required, then are theaters? What about YouTube? More importantly what about online porn?

    I'm so confused...

    1. Re:I'm perplexed by Jason+Levine · · Score: 1

      Someone above mentioned "descriptive audio" for the blind. (It describes what's going on for blind people.) Descriptive audio on online porn might be "interesting."

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:I'm perplexed by similar_name · · Score: 1

      If NetFlix is required, then are theaters?

      Yes Last I heard the ninth circuit upheld it. Don't know if it's on the way to the Supreme Court or if they refused to hear it.

    3. Re:I'm perplexed by ZombieBraintrust · · Score: 1

      Youtube has software that creates CC for a video. Theaters(Movie) provide CC already with special equipment.

  18. That would violate the movies' copyrights. by pla · · Score: 4, Insightful

    Netflix cannot comply with the ADA in this case, because doing so would create a derivative work of the original, without the permission of the copyright holder.

    Simple as that.

    Now, whether or not Netflix still has to comply... Well, perhaps we can twist this to our own gain - Does the obligation to make their content "accessible" trump copyright? If so, you can bet your left nut I'll have a business model the very next day designed to exploit that fact.

    Your turn, courts - Punish us all to protect the weak, or give up your paternalistic attitude toward Big Media.

    1. Re:That would violate the movies' copyrights. by Anonymous Coward · · Score: 1

      Wrong. ADA has provisions for assistive technologies that trump copyright.

    2. Re:That would violate the movies' copyrights. by westlake · · Score: 2

      Netflix cannot comply with the ADA in this case, because doing so would create a derivative work of the original, without the permission of the copyright holder.

      Closed Captioning in the states was launched in 1980 with a set-top box distributed through the Sears, Roebuck catalog. The integrated decoder for analog receivers became mandatory on all sets sold or manufactured after July 1, 1993,

      Closed Captioning is 32 years old, people, and a striking example of how technology can enlarge and enrich the life of the disabled. Thirty years ago my father needed this tech, thirty years on, we both need this tech. It is only the geek that never ages.

      In our reply comments, PK explained why captioning a video is a ''fair use'' that does not qualify as copyright infringement under section 107 of the Copyright Act. Section 107 lists four factors that go into a fair use analysis, three of which favor captioning as a fair use. The nature of the copyrighted work (here, video programming) is probably highly creative, and so it enjoys a fair amount of copyright protection. However, captioning is a non-commercial use that is simply intended to make the programming accessible to individuals with disabilities, and to legally comply with the CVAA. Captioning uses as little of the copyrighted work as possible because it only conveys exactly what a person with a hearing disability would need to understand the video: the words being spoken. Finally, captioning actually has a positive effect upon the market value of the work for the copyright owner. When more people can access the programming, the audience for the video programming will grow. This is a perfect example of how the fair use doctrine serves the overall goal of copyright law: promoting the progress of art and knowledge.

      Even if captioning infringed copyright, the CVAA explicitly orders the FCC to âoerevise its regulations to require the provision of closed captioning on video programming delivered using Internet protocol....â If captioning does indeed violate copyright, then the FCC has statutory authority to create a limited exception to copyright protection for the purposes of implementing the CVAA. Copyright law is not a shield against all other legal obligations. The FCC has even reached this conclusion before, when it required cable companies to make copyright-protected programming available to competitors under the program access rules.

      Copyright Does Not Trump Disability Rights Law

      The most striking and bizarre aspect of the thing is to see the geek stand in lock-step with the corporate giants who have framed this debate in terms of SOPA.

    3. Re:That would violate the movies' copyrights. by silas_moeckel · · Score: 2

      There is a blanket exception to copyright to make things accessible. I does not so much trump copyright as the exception is written into the law. People make audio books for the blind daily. They do need to be part of on an authorized entity to do the conversion but that's not a very high barrier.

      --
      No sir I dont like it.
  19. Re:The ADA pushes too hard by Anonymous Coward · · Score: 1

    That's a false analogy. It costs businesses nothing to serve people of color. If anything, it brings in more profits.

    It costs businesses money to install ramps and other handicap accessibility features. I'm not saying people shouldn't have a heart and invest in making their buildings accessible - I'm simply trying to show you that your analogy is false.

  20. Re:These movies are produced by somebody... by OrangeTide · · Score: 1

    More silliness caused by a right to free speech. I can create a film or other work, without complying with ADA.

    --
    “Common sense is not so common.” — Voltaire
  21. but that ain't all of it by way2trivial · · Score: 2

    closed captioning didn't become "all tv's" and all programming until 1990
    Cite:
    http://en.wikipedia.org/wiki/Closed_captioning#Legislative_development_in_the_U.S.

    Netflix has 3035 videos from 1914 to 1989
    and 10,937 from 1990 to 2012
    pre 1998 videos total 4,440
    cite:instantwatchdb.com

    "As of January 1, 2008, 75 percent of “pre-rule” English language programming, defined as analog programming first shown before January 1, 1998, and digital programming first shown before July 1, 2002, must be captioned, with some exceptions."

    citation:http://transition.fcc.gov/cgb/consumerfacts/closedcaption.pdf

    which means they have to provide CC on 75% of 4440 videos, or drop them...

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  22. youtube by bs0d3 · · Score: 1

    what about all the youtube videos?

  23. The justice system already descriminates... by DSS11Q13 · · Score: 1

    in order to make a decision the judge would have to hold a hearing!

  24. Doesn't seem to apply by WinstonWolfIT · · Score: 3, Informative

    I used to be involved with ADA, and I believe the lawsuit will eventually fail. There are two components to ADA that they might go after, Telecommunications or Public Accommodation. However, The language of the law is pretty specific, and there's no way Netflix will fall under either of these categories. As many have already pointed out, Netflix losing would be a catastrophically slippery slope, and no court would initiate that without clear intent from Congress. Just because a case isn't summarily dismissed doesn't mean it will win, it simply means the judge believes it's worth hearing.

    1. Re:Doesn't seem to apply by del_diablo · · Score: 1

      Why is Netflix so different from a TV station? It buys a show and redistributes it. It has its own content system, so nothing can be done to override lacking subtitles either. Its a professional movie watching service over the internet, and not some random site.

    2. Re:Doesn't seem to apply by T+Murphy · · Score: 1

      it simply means the judge believes it's worth hearing

      I guess he isn't very sympathetic to the ADA argument then.

  25. Re:What's the problem? by bs0d3 · · Score: 1

    some subtitles already exist

  26. Re:What's the problem? by OrangeTide · · Score: 1

    Those closed captions already exist and they also should have the rights for them.

    False. Not everything includes closed captions. And often the rights are not bundled with the video content. This is especially true when CC is provided by a third party for TV broadcast of a movie, but not retroactively applied to the original film.

    --
    “Common sense is not so common.” — Voltaire
  27. This is just a premliminary ruling. by Animats · · Score: 5, Informative

    This is just a preliminary ruling. Netflix tried to have the suit dismissed, that didn't work, and now it gets tried on the merits.

    At some point, the ADA runs into the First Amendment, which prohibits "forced speech". (Broadcast TV is a special case, because it involves publicly owned RF spectrum.) Book publishers aren't required to produce audio or Braille editions, or translations to another language.

    1. Re:This is just a premliminary ruling. by russotto · · Score: 1

      At some point, the ADA runs into the First Amendment, which prohibits "forced speech". (Broadcast TV is a special case, because it involves publicly owned RF spectrum.) Book publishers aren't required to produce audio or Braille editions, or translations to another language.

      I'm not sure "forced speech" is the issue so much as ordinary free speech. If the ADA is said to apply and require Netflix (and other streaming services) to provide captioning for content which is not currently captioned, and to produce that captioning would be fairly expensive (much more than the cost of provided the movie in the first place), that content has essentially been censored.

      Unfortunately, usually when fundamental rights run into "but think of the disabled, you heartless bastard", fundamental rights lose. But at least there's an issue.

    2. Re:This is just a premliminary ruling. by silas_moeckel · · Score: 1

      But there is an exception allowing braille editions without the publishers permission.

      --
      No sir I dont like it.
    3. Re:This is just a premliminary ruling. by del_diablo · · Score: 1

      and to produce that captioning would be fairly expensive (much more than the cost of provided the movie in the first place)

      What, now paying 4-8 people 20$ a hour for 5-6 hours is now expensive? Its not even money for a serious corporation! What sort of neocapitalist are you?

  28. Re:The ADA pushes too hard by Anrego · · Score: 1

    In general I agree with the "If they don't like the terms society wants, they're free to pack their businesses up and go elsewhere." sentiment.

    Your analogy is a bit off though. Cost of taking down the "whites only" sign is negliable. Making a building accessible costs a small fortune and usually won't generate substantial revenue.

    Taking down that sign might actually increase your profits.. making your building accessible will probably eat into them. Regardless, society has decided that this is just a cost of doing business. It sucks, but so would being blind in a society that had coldly decided you wern't worth the money.

  29. Fair access by nurb432 · · Score: 1

    Does not mean total access.

    --
    ---- Booth was a patriot ----
  30. Re:The ADA sucks by RudyHartmann · · Score: 4, Insightful

    This is an absurd argument. Netflix is providing something to be consumed for a fee. They throw it out there and say, here's our food. This is what we are serving and here is the price. So, let's say I have a gluten allergy. I can't walk in to the local bakery and scream that they are obligated to provide me with gluten free bread? I am not entitled to any of the products or services of the bakery. I can either buy it or not. Same with Netflix. I have sympathy for the deaf, but private business does not have to change to accommodate their disadvantage.

    --
    Oh, yeah! Wise guy, huh? Woob woob woob woob! Nyuk! Nyuk!
  31. Freedom of speech and prior restraint by Adrian+Lopez · · Score: 1

    How is preventing Netflix from distributing expressive works unless they first add captions not a violation of the First Amendment to the US Constitution?

    I'd rather see the government legalize distribution of community-sourced captions along with the tools needed to circumvent any technical measures that would prevent their application. This would serve the law's purpose of empowering those who suffer from disabilities while guaranteeing the constitutional freedoms of those who would rather not be forced to speak as well as those who wish to speak for the sake of those who can't hear.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  32. Great for people with Kids by trout007 · · Score: 1

    I put CC on every movie I watch with the kids. They are loud and it's nice not missing the dialog. Also there are many Movies that have their sound so skewed that I can't hear the dialog without turning the volume up load enough to shake the house during the loud scenes.

    --
    I love Jesus, except for his foreign policy.
    1. Re:Great for people with Kids by jersey_emt · · Score: 5, Informative

      Or you could simply be a real parent and not tolerate misbehavior. My parents just told me to shut the hell up when it was inappropriate to make noise.

      --
      My spoon is too big.
    2. Re:Great for people with Kids by trout007 · · Score: 3, Informative

      You got me. I'm a horrible parent by letting my 2, 6, and 8 year old laugh and enjoy movies at home.

      --
      I love Jesus, except for his foreign policy.
    3. Re:Great for people with Kids by Anonymous Coward · · Score: 1

      We had very different parents. Rather than being a dick and shouting at them, just ask them to be quiet.

      It's the difference between making your children live in fear of you, or helping them understand WHY they are being asked to be quiet by explaining to them that screaming over a movie is inconsiderate. The first way creates children who will become bullies and thugs, the second way creates decent human beings.

    4. Re:Great for people with Kids by saveferrousoxide · · Score: 1

      You got me. I'm a horrible parent by letting my 2, 6, and 8 year old laugh and enjoy movies at home.

      You...sick..BASTARD! You make me want to PUKE!!

    5. Re:Great for people with Kids by reboot246 · · Score: 1

      You're a good parent despite what these naysayers think. Watching a funny movie means somebody is going to laugh out loud, giggle, and sometimes they even repeat the punchline over and over. I love watching kids' movies with the grandkids just to see their reactions. That's more entertaining than the movie itself sometimes.

      Two year olds are just going to be two year olds no matter what you do. Enjoy them while you can; they grow up so fast.

      For the rest of you (who probably don't have children anyway), try watching something like Ren & Stimpy or Marmaduke with a 6 year old. Then tell me about it.

  33. Re:Who enforces the ADA? by slew · · Score: 1
  34. Re:The ADA pushes too hard by Raenex · · Score: 1

    We have decided as a society that simply having no accessibility is unacceptable.

    As a society, we can always decide differently. It's not like there aren't choices for disabled people without legal mandates, just less of them.

  35. It's only a matter of time. by bmo · · Score: 2

    >but the ruling is still significant for recognizing that Internet sites may fall under the purview of the Americans with Disabilities Act."

    Web designers have ignored the sight impaired for far too long and had it far too easy. They have ignored standards, done stupid shit as use pictures for blocks of text, flash-only (like the IOC did once) and engaged in "get the hell out, you peon with a screen-reader" nonsense ever since the term "rich content" slipped out of someone's lips 15+ years ago.

    Every web designer should spend a week using the Internet blindfolded, using only JAWS.

    "But who cares about the blind?"

    There but for the grace of the Universe go you.

    --
    BMO

    1. Re:It's only a matter of time. by transporter_ii · · Score: 1

      I could kind of see maybe banking sites or utility sites having to be standard compliant, but if I were blind, I can't honestly say I would want to attempt to use the Internet in the way I do now, much less feel some kind of need that every single site on the Internet should be forced to change just because of me.

      I know all people are equal, yada, yada, yada, but should skateboard parks be forced to provide scooters to disabled people so they can scoot around your skateboard park? Or maybe common sense should say, "maybe skateboarding isn't for everyone."

      I mean, if a person is blind, maybe playing angry birds isn't for them. Where do you draw the line? There are tons of things on the Internet that I could not imagine being suitable for a blind person. Why not just admit those things are not for blind people, and let communities and websites form around activities that are better suited for blind people?

      --
      Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
    2. Re:It's only a matter of time. by bmo · · Score: 1

      Your sig and your thoughtlessness on the whole subject speaks volumes.

      It's not about Angry Birds.

      --
      BMO

    3. Re:It's only a matter of time. by gman003 · · Score: 1

      Every web designer should spend a week using the Internet blindfolded, using only JAWS.

      A similar, but easier, test:

      Use Lynx. Preferably in a full-screen 80x25 terminal, not a little xterm or whatever.

      No Flash. No HTML5 video or audio. No Java. No Javascript. No CSS. No images. No colors, on some versions.

      I think every web designer should include Lynx in their end-stage browser compatibility tests (when they test in old versions of IE), because it's a fairly good approximation of using a screen reader, but far less expensive.

    4. Re:It's only a matter of time. by bmo · · Score: 1

      They're not special privileges. They are *reasonable accommodations* for business who serve the public. Don't like it? Tough bananas. That's the price you pay for living in a civilised society. Go move to Somalia if you don't like the rule of law.

      If you can't build a web page that looks and works well in Lynx as the other user mentioned, you're a shitty web designer.

      --
      BMO

    5. Re:It's only a matter of time. by bmo · · Score: 1

      What I suggested was not a way of designing web pages, but a way to get web designers to get some empathy for those who use screen readers.

      For overall design and best practices, I agree - if your website looks good and operates well in Lynx, then you've done it right.

      --
      BMO

    6. Re:It's only a matter of time. by bmo · · Score: 1

      >didn't the ADA sue Target for their terrible and inaccessible website and win?

      The ADA is not a group. It's a law. The Americans with Disabilities Act. It was the National Federation for the Blind who sued.

      http://usefularts.us/2008/09/04/target-ada-accessibility-california/

      There was no judgement. It was a settlement, so there's no precedent.

      There should have been one, though.

      --
      BMO

  36. Isnt fansubbing illegal ? by detain · · Score: 1

    Basically they are requiring them to fansub everything on there site, which is illegal in the us isnt it ? These wouldnt and couldnt be official subtitles, and netflix doesnt have the rights to the media just distribution rights so they cant legally fansub material can they ?

    --
    http://interserver.net/
    1. Re:Isnt fansubbing illegal ? by ZombieBraintrust · · Score: 1

      There is an exception in the law for Closed Captions. So no it is not illegal.

    2. Re:Isnt fansubbing illegal ? by ZombieBraintrust · · Score: 1

      Fansubbing is illegal because they don't have a license to the video. CC without the video is a derivative work. Once you have legal access to the video then everything is ok. CC it falls under exceptions written into the law.

  37. Re:Awesome! by c0lo · · Score: 1

    Why do they deserve it? Lets assume for a second that netflix gets it's content from content providers. Some of it comes with close captioning, some not. It's a limitation they have no control over. The service costs next to nothing per month. Are the rest of us going to have to pay extra so the good people at netfix can afford to insert extra content (close captioning) for disabled people to watch those movies?

    Well, about how much extra are we talking about? Will it drive you in the bankruptcy? Will you need to cut your food allowance significantly? Or is it a petty amount? Until some can estimate, the "sky is falling over CC on NetFlix" may as well be just a matter of "teabag-ims to extreme".

    Lets say I owned a house and then decided to move and had a garage sale. The house has stairs up to the yard and not a wheelchair ramp. Should I be sued because someone in a wheelchair wanted at my yardsale even tho I didnt have the easy means to include them?

    Is selling your house for the sake of having a "garage sale" your everyday business (or can one look on it as "one-off"... or as a "hobby", at most)?

    Im all for anti-descrimination, but at what point does this become un-deserved entitlement?

    Yeah... you are stepping on a slippery-slope here: the moment you start caring about the "goat in the neighbors' yard and how much your neighbor deserves it"... What's next? Assessing by yourself that it is undeserved thus go and kill it?

    --
    Questions raise, answers kill. Raise questions to stay alive.
  38. Re:Awesome! by Krischi · · Score: 2

    Larry Goldberg from NCAM says that it typically costs $400-$800 to caption a movie from scratch. If you add to that the fact that most Hollywood movies are already captioned by their content owners, it becomes the proverbial drop in the bucket.

  39. Re:The ADA sucks by dgatwood · · Score: 1

    This year, my small credit union had to spend half a million dollars replacing perfectly good ATMs so that a headphone jack can be plugged into them.

    ATMs are mostly Windows PCs under the hood, so they should have been able to add one by handing just about any random person a drill and a panel-mount audio jack pre-wired to an 1/8" mini plug on the other end.... Maybe with a Y cable for the internal speaker. Sounds to me more like your Credit Union was looking for an excuse to upgrade their crappy, old ATMs. :-)

    Just saying.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  40. Re:The ADA pushes too hard by Stormthirst · · Score: 1

    Are you telling me that disabled people don't spend money? The analogy may be off - but it's not entirely false.

  41. Re:The ADA sucks by Anonymous Coward · · Score: 1

    This is an absurd argument. Netflix is providing something to be consumed for a fee. They throw it out there and say, here's our food. This is what we are serving and here is the price. So, let's say I have a gluten allergy. I can't walk in to the local bakery and scream that they are obligated to provide me with gluten free bread? I am not entitled to any of the products or services of the bakery. I can either buy it or not. Same with Netflix. I have sympathy for the deaf, but private business does not have to change to accommodate their disadvantage.

    Sorry, but the law as explicitly provided by the US Congress disagrees, and your analogy is inapt, as the ADA does provide for the accommodation to have to be reasonable. Making you produce an entirely different variety of bread? That would be a bit much.

    Being able to ask you not to put something on the bread? That'd be more on the reasonable side.

    But more likely, what they'd ask you to do is be able to tell a blind person what's on the menu and the prices.

    You, as a business, by engaging in Commerce with the Public subject yourself to the laws that are in place, which includes preventing discrimination.

    Don't like it?

    Convince us to change the laws, don't give a pointless story about how you don't think they should be able to do that, because that can be matched by me saying...I disagree with your principles.

    I would get more into it, but it gets complicated from there, and it's a long argument that ultimately doesn't lead to much persuasion.

  42. Re:The ADA sucks by rcoxdav · · Score: 1

    As a person with Celiac Disease, which by the way is not an allergy, but an auto immune reation to gluten in the villi in the small intesting, I certainly do not wish ill will or accomodation from any place that is not gluten free friendly, I just don't give them my business.

  43. Laws and profits suggest they should do thsi by slashmydots · · Score: 1

    If I was deaf, I'd find the quality of television CC to be unacceptable (constant transmission glitches and horrible delays). So then you're left with DVDs with CC and that's it. Who wants to constantly buy DVDs? That's sort of why Netflix was invented. They could easily corner the market on convenient media for the deaf and hearing impaired as well as select English Second Language people who find reading easier than realtime audio conversion. I know my crappy Spanish can only process text in realtime, not audio so it probably goes both ways. There's a lot of money to be made and closed captioning costs, when they have the volume to hire someone to do it in-house, would be way less than 1% of what they pay for most licensing for most movies. It's just stupid but clearly the entire company has proven it has ODD (oppositional defiance disorder) when it comes to their customers. They're dedicated to ruining their own image in any way possible even if it costs them potential income.

  44. What is reasonable and unreasonable accomodation? by jvkjvk · · Score: 1

    Well, we have folks say that this is entirely reasonable, and if Neflix makes enough profit they should be forced to do it.

    We have folks say that Netflix is not the content creator and has no obligation whatsoever, as a distributor, to alter the items it is distributing.

    Now, we have had someone say that adding subtitles is a $5-$9 dollar a minute thing.

    We had someone else say that the total catalogue was around 4400 items that are not CC'd.

    We had others say that everything distributed since "X" is already CC'd.

    At (being generous) 150 minutes a film, that comes to... $3.3M on the low and ~$6M on the high.

    Now, are they also to provide CC translations in any other language than English?

    If so, which?

    What I have not heard is that it is probably the obligation of the distributors to go fix their own Items, since they are the ones actually disaccomodating the deaf.

    Of course, that would not go over too well. They would probably just pull the titles instead of incur the ~$6M cost.

    Why aren't they suing the content providers?

    If someone could answer this, I would really appreciate it!

  45. Re:The ADA sucks by LordLucless · · Score: 1

    Yeah, great argument:

    OP: "This law is wrong"
    You: "Nah-uh. It's the law, therefore it's right"

    Sounds like you, with your worship of the status quo, are more likely to support Jim Crow laws. After all, it's the law!

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  46. speaking as someone with experience by gmhowell · · Score: 1

    Speaking as someone who was married to a deaf person: fuck them and their entitlement attitude. Seriously, the deaf are hands down the worst of all of the disabled when it comes to expecting others to bend over backwards to placate them. Fortunately, the ex wasn't too bad (until after the divorce) but I got to witness it. It is particularly egregious when one considers that many cases of deafness can be cured with cochlear implants. But nooooo, this would destroy 'deaf culture'. Genocide.

    Keep the lot of them. Burn Gallaudet while you're at it.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
    1. Re:speaking as someone with experience by DigiShaman · · Score: 1

      Ya well, when people start flashing gang signs, they become victims of drive by shootings. Seriously, we have some stupid ass wannabe gangsters that can't tell the difference between sign language and gang symbol flashing. My advice to the deaf: get the implant and stay away from the hood.

      --
      Life is not for the lazy.
    2. Re:speaking as someone with experience by gmhowell · · Score: 1

      OMG, please tell me this is a joke? I weep for the future.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    3. Re:speaking as someone with experience by DigiShaman · · Score: 1

      No joke Actually, in that case it was a stabbing. But I've heard of drive bys too.

      --
      Life is not for the lazy.
    4. Re:speaking as someone with experience by gmhowell · · Score: 1

      Yawn. I'm speaking of 'the community'. I have met them. And they are reprehensible.

      Would you like to know my opinions about different races, nationalities, sexual predispositions, and so forth?

      I'll give any individual a chance, but stereotypes work well for dealing with groups.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  47. Re:The ADA pushes too hard by petermgreen · · Score: 1

    The trouble is even if you win going to court is both expensive and a massive waste of time.

    So people don't just comply with their understanding of the regulations, they put a large safety margin between themselves and any chance of being seen not to comply with the regulations.

    For example the site you linked talked about "When a primary function area is altered, the path of travel to the altered area and the amenities serving the altered area must be made accessible, unless the costs for these changes are disproportionate. The costs for the added alterations are considered disproportionate if they exceed 20 percent of the cost of the overall alteration.", it also says that "There is no inspection process for the ADA. The building owner as well as those responsible for design and construction are responsible for complying with the ADA."

    I'm not an american but there sounds to me like there is a lot of room for interpretation in there, who gets to decide what make the call as to what an alteration would have cost and as-such whether that cost was dispropotionate? will they have to defend that descision in a court of law?

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  48. ADA and Cinema and TV by Roger+W+Moore · · Score: 1

    TV should already have closed captions, and it should be a minor technical hurdle for Netflix to provide it.

    If they show US television shows and films shown in US cinemas then shouldn't ALL their content already have subtitles for the deaf? If not then why does Netflix have to provide this when cinemas and TV companies do not?

    1. Re:ADA and Cinema and TV by Anonymous Coward · · Score: 1

      Both US Broadcasters and US Cinemas are under obligation to cover their content to roughly the same extent that Netflix is.

      http://www.ada.gov/mediate.htm

      You can observe on that link an example of it.

  49. Re:The ADA pushes too hard by techno-vampire · · Score: 1

    we end up putting unreasonable burdens on people for very little benifit.

    I'd love to see what you have to say about Closed Captioning after you find out that all that loud music you've been listening to has ruined your hearing to the point that even with hearing aids you're still having trouble understanding your favorite TV shows unless the captions are turned on. That's exactly my situation, except for the reason: not loud music but too much outbound shore bombardment back in '72.

    --
    Good, inexpensive web hosting
  50. Re:The ADA pushes too hard by Anrego · · Score: 1

    Right, and I think it's perfectly reasonable to expect companies who are making significant profits from media to be required to pay out the money and make their content more accessible.

    Unreasonable is requiring CC on every quick cellphone video on youtube (imo).

  51. Re:Awesome! by Chrontius · · Score: 1

    Well, about how much extra are we talking about? Will it drive you in the bankruptcy? Will you need to cut your food allowance significantly? Or is it a petty amount? Until some can estimate, the "sky is falling over CC on NetFlix" may as well be just a matter of "teabag-ims to extreme".

    That's nice, but I should point out that your "petty amount" is my "I'm dropping Netflix". Economy sucks, my friend.

  52. Re:The ADA pushes too hard by Rix · · Score: 1

    Incorrect. The reason many businesses didn't want to serve people of colour was that it cost them more profitable white clientele to do so.

  53. Netflix should be able to get out of this by mysidia · · Score: 1

    All they have to do is prove that the cost of making the accommodation is unreasonably excessive, or fiscally irresponsible to their business, and the ADA won't require they do that.

    However, maybe Netflix's selection of streaming content is not massive enough, that it would hurt their business, in that case the ADA would be working as designed, and shame on Netflix, for taking steps to make reasonable accomadations for members of the public who are disabled.

  54. Re:The ADA pushes too hard by Rix · · Score: 1

    You get to make that argument after you sever your spine. Not before.

  55. double the killer delete select all by citizenr · · Score: 2

    Just pass everything through voice recognition (even shitty M$ one) and all of a sudden you comply. This is how YT is doing it.

    --
    Who logs in to gdm? Not I, said the duck.
    1. Re:double the killer delete select all by citizenr · · Score: 1

      So, simply transcribing the speech into text (subtitling) is not, and will never be, sufficient, even if it becomes perfect.

      Its not about sufficient/perfect solutions for the blind, its about complying with law.

      --
      Who logs in to gdm? Not I, said the duck.
  56. Re:These movies are produced by somebody... by c0lo · · Score: 1

    More silliness caused by a right to free speech. I can create a film or other work, without complying with ADA.

    So? As long as distributing/publishing it is not your core business, I think you should be fine.

    --
    Questions raise, answers kill. Raise questions to stay alive.
  57. Re:Awesome! by c0lo · · Score: 1

    Well, about how much extra are we talking about? Will it drive you in the bankruptcy? Will you need to cut your food allowance significantly? Or is it a petty amount? Until some can estimate, the "sky is falling over CC on NetFlix" may as well be just a matter of "teabag-ims to extreme".

    That's nice, but I should point out that your "petty amount" is my "I'm dropping Netflix". Economy sucks, my friend.

    Your choice... should netflix keep you as a customer instead of making the movie available to deaf people? (economy sucks both ways).

    --
    Questions raise, answers kill. Raise questions to stay alive.
  58. Ridiculous by mug+funky · · Score: 1

    do not require the distributor to pay to have all this stuff captioned!

    they already paid for the right to distribute it, and paid for each audio track they plan to offer, and will pay for any subtitle tracks that have been made.

    if the licensor hasn't bothered to make a CC track, make THEM fucking pay for it!

    the film production process is just a complex way of ignoring important things and passing the problem down the line. in my case, DVD is the end of the line, but in Netflix's case it's them. they have to fix everything that should have been fixed before it came in the door, because the filmmakers have blown their own budgets and wont meet their obligations.

    how about, if a film is to be rated by the MPAA (i understand classification is voluntary in the USA), it should come with a closed caption track. if the filmmakers don't want to do that, they can suffer the losses from releasing an unrated film on less screens.

    requiring the distributor to create their own media is like asking ebay to make their own products. it can be done, but doesn't really make a lot of sense.

  59. Re:The ADA pushes too hard by BitZtream · · Score: 1

    No, society did not decide anything.

    Several high paid lobbyists in Washington greased the palms of the right politicians who then decided we would do these things.

    You need to learn how the real world works.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  60. Re:the costs of CC by mug+funky · · Score: 1

    netflix don't make the movies. they buy the rights and distribute them. this costs less.

    making a subtitle track is pricey. look up "captioning services" and get a quote... it's a few days' work for 1 person who you need to pay.

    unless it's goddamned anime, in which case some basement dweller has already done it for free :)

  61. Re:The ADA pushes too hard by Lawrence_Bird · · Score: 1

    not enough to offset the cost of providing the access you dolt. the poster spoke of renovations to existing structures, not new buildings.

  62. Re:The ADA pushes too hard by tragedy · · Score: 1

    The cost of taking down the "whites only" sign in many communities was loss of business from the racists in the community along with the possibility of the premises being vandalized. Taking down the sign (or not having one in the first place) was certainly the moral thing to do, but don't imagine that it was inexpensive, easy or safe in all cases. Overturning institutionalized racism is not an easy thing. Having laws in place forcing store owners to take the sign down levelled the playing field.

  63. Authors? by Lawrence_Bird · · Score: 2

    So if this atrocity somehow survives through SCOTUS will this mean authors who self publish are now required to provide braille copies or else be sued too? Will I have to spend thousands of dollars to sell one or two copies of my book to a blind person? Are you fucking kidding me? ADA has morphed from 'we should try where we can to do what is reasonably possible to help the handicapped' to 'gimme gimme gimme or else!'
    Disgusting.

  64. Re:The ADA pushes too hard by Anrego · · Score: 1

    My post was poorly worded. I was specifically referring to legally mandated requirements.

    It's hard to draw parallels between race discrimination and <politically correct term> discrimination. One is active (specifically preventing a group from doing business with you) and one is passive (preventing a group from doing business with you due to inaction).

    In the case of race discrimination, it was driven by hatred (or as you pointed out, playing the part..) .. in the case of <politically correct term> discrimination, I don't think anyone really has anything against <politically correct term> people .. they don't want to take the required active steps to allow them to do business for financial reasons. I've always had a problem with this being called "discrimination". To me discrimination is active.. not passive.

  65. Anime lovers rejoice by Artifex · · Score: 1

    This may bring us closer to the choice of subbed or dubbed. :)

    --
    Get off my launchpad!
  66. Re:The ADA pushes too hard by Raenex · · Score: 1

    Bullshit. By your logic, people with disabilities could demand anything they want by virtue of being disabled. That's not how a free society works.

  67. Re:The ADA sucks by LordLucless · · Score: 1

    You, as a business, by engaging in Commerce with the Public subject yourself to the laws that are in place, which includes preventing discrimination.

    Nope. My comment was an accurate representation of at least part of your position.

    I just didn't feel a need to expound on why.

    Which makes your post quite useless on a discussion forum. You should have just posted "No it's not, I said so" and saved us all some bandwidth.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  68. Crown Source it like viki.com by ZombieBraintrust · · Score: 1

    They can crowd source it. Let volunteers add captions to old movies. There is a site called viki.com where volunteers subtitle and translate Korean television. Netflix could buy the tech and provide CC and subtitles in 22 languages for free.

    1. Re:Crown Source it like viki.com by tepples · · Score: 1

      Let volunteers add captions to old movies.

      I can think of six companies that would have a problem with that: Disney, Fox, Paramount, Sony, Universal, and Warner Bros.

  69. The Problem by ZombieBraintrust · · Score: 1

    Majority of content on Netflix is old stuff that was released prior to the caption requirement. They would have to find captions for 75% of those older shows. Many of these captions exist but are not owned by people who licensed the show to Netflix. Broadcaster B captioned content that they licenced from publisher A. Publisher sold rights to content to Netflix. Netflix now needs to create captions or buy them from Broadcaster B. Broadcaster B hates Netflix and won't sell at reasonable rates.

  70. Line 21 isn't slow by Krischi · · Score: 1

    Line 21 captions contain 2 characters per vertical blanking interval. That is plenty to maintain real-time text for the fastest speaker, even considering the overhead for positioning, attributes, and control characters.

  71. They shouldn't need to be forced by LocalH · · Score: 1

    The captioning (or at least subtitling) exists for most content already, as almost every other form of media supports it (whether physical or broadcast). Moreover, it would seem that it would make good business sense to willingly provide captioning, as they won't be doing it themselves (and shouldn't have to - in fact, as a content provider, I wouldn't want them to caption it, I would want to provide them with the captioning). If they provide captioning to customers, then they will likely gain revenue via subscriptions within the Deaf community from people who otherwise would not be able to properly enjoy the content.

    The onus should be on the content providers to create and distribute the captioning. The only requirement on the part of the distributors should be to pass through captioning when it is provided with the media.

    --
    FC Closer
    1. Re:They shouldn't need to be forced by ZombieBraintrust · · Score: 1

      I think the issue for Netflix is how it worked in the past. Instead of the content providers creating the captions the distributors created them in order to comply with the law. Because of this, the captions are not owned by the content creators and can't be licensed to Netflix. The distributors are not interested in selling the captions at anything less than cost. Where cost is something like $5 to $9 a minute. The distributors would also like to slow Netflix down so they can compete.

  72. suing the louvre for not having a braile mona lisa by dAzED1 · · Score: 5, Insightful

    movies are an "art" form that has two components - sound and video. If you're blind or deaf, you're missing part of it - that's not netflix's fault. Supermarkets don't have as a requisite part of the experience audio or video. Supermarkets are also a necessity. It's a silly analogy. Besides, to add captioning, netflix would be altering the video...which they don't have the license to do. Why would the content providers not be the responsible parties for captioning, versus the distributor? Would you sue a record store for not making captioned versions of every LP? Would that make sense at all? Or sue the Louvre for not providing a braile version of the Mona Lisa? How is suing netflix in this case any different?

  73. Youtube and 1st Amendment by ZombieBraintrust · · Score: 1

    First Amendment likely trumps the ADA for videos the public places on Youtube. Requiring CC on Youtube would prevent speech. Commercial works from broadcasters likely would not be protected.

  74. Re:The ADA sucks by LordLucless · · Score: 1

    Nope, it was a total misrepresentation of what I said, and your quoting one line out of context shows it again.

    Repeating something doesn't make it true, neither does calling me names constitute a cogent argument, even if it takes you four paragraphs to do so. Your "terse" posts are nothing more than paragraph after paragraph giving reasons why you decided you didn't actually need to make an argument. Despite you not providing an argument, those arguing against you are wrong anyway, you're just not giving any reason why in the name of brevity. Also, any criticism of your non-existent points is wrong, because your points were "taken out out of context".

    In other words, a whole lot of fluff and no substance.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  75. If netflix loses by backslashdot · · Score: 1

    If netflix loses, so do disabled people. Because netflix will simply remove the videos that dont have CC. Then nobody will see those movies. At least prviously disabled people could use transcribing software.

    1. Re:If netflix loses by VortexCortex · · Score: 1

      If netflix loses, so do disabled people. Because netflix will simply remove the videos that dont have CC. Then nobody will see those movies. At least prviously disabled people could use transcribing software.

      Oh, gods, please let them sue Youtube uploaders next!

  76. Crowd Source It by ZombieBraintrust · · Score: 1

    Well look at viki.com
    This is a site that is crowd sourcing its subtitles. Basically it is organized licensed fansubs. It doesn't cost them $5-$9 a minute to do this because it is all volunteer. There are people who love old TV. Many of them would go in and CC shows if given a pat on the back and a community. Anime has been fansubbed at no cost for years.

  77. Re:The ADA pushes too hard by shibashaba · · Score: 2

    I keep hearing this argument over and over, but ramps and 'special' bathrooms make life easier for a lot of other customers. Kids for one things. Those special bathrooms give you plenty of room to change diapers. Ramps come in handy for parents with strollers. Not to mention that someone in a wheelchair probably has friends and family that would like to come with them.

    It really is an absurd argument. If you only gain 4 customers than you probably didn't have many customers to begin with.

    --
    ---------- Open Source is capitalism applied to IP.
  78. Crowdsource it by pclminion · · Score: 1

    Instead of suing, why not crowdsource people to begin the task of transcribing the movies and just give it to Netflix? That way, you can even do it on a per-demand basis so that the most popular movies are transcribed first. It's a bummer that so many of these movies don't have CC already, but that's the way it is, and it doesn't seem productive to get belligerent about it. Just get some people together and fix the problem instead of crying to the man, resulting possibly in the removal of movies to the detriment of everyone.

    I'd be willing to do a movie a week, for free. Why not, I watch movies anyway.

  79. Re:The ADA pushes too hard by Anrego · · Score: 1

    Which is why businesses were stumbling over themselves to make their establishments accessible prior to being forced to by law?

    4 is probably serious hyperbole, but the sentiment I think is correct. It's nice to think that these things pay for themselves and that businesses would be motivated to willingly make their establishments accessible as it represents an increase in profit, but this was tried (see: before ADA, countries without ADA like laws) and the free market coldly and pretty much unilaterally said "nope, not worth it".

  80. Re:Awesome! by ZombieBraintrust · · Score: 1

    Not even a drop in a bucket. In order to translate the film into other languages they need to CC it first. Those translations result in billions of dollars in sales.

  81. Industry needs to pay for it by KalvinB · · Score: 1

    Why should Amazon, Hulu and Netflix, etc, pay the same costs over and over to do this? Likely all those companies will team up to get it done one way or another and ultimately the cost will go to the consumers. It's likely the more niche movies and shows that will suffer from this since they have a smaller audience and may not have the budget to justify CC. The studios don't care because they're already CCing the blockbusters and if that's all Netflix can provide then that works out better for them.

    However, this sort of thing really does benefit everyone. There are a lot of reasons that even people with good hearing benefit from closed captions. TV speakers might suck, actors might have thick accents or mumble, maybe you need to keep the volume down so other people can sleep.

    It's also not terribly expensive. A quick search on Google shows it's around $35 a minute which works out to about $3000 for a 90 minute film. And there are plenty of companies that do it for varying costs to well under $10 a minute. So really, this is a non-issue. If your movie didn't make enough to be able to afford even basic closed captioning it probably isn't streaming anywhere.

  82. Dear Deaf People. by VortexCortex · · Score: 1

    GET SOME DAMN EARS. We have the technology. You know why I'm not providing a spoken audio recording with this message for the blind? Because we have the technology to turn text into speech. It's really unfortunate when disabled people have problems due to their disability, but hindering the herd needlessly is just retarding.

    Let's be grown ups about this. Shite doth occur. Not everyone can live the same lives. Life isn't always fair, nor can anyone force it to be at all times. Compromise is key. Rationality is an important thing.

    Now, I can see where local TV could have an impact on disabled people's lives because they provide local news and weather and if none provided CC, then who else would provide that content... but Netflix? Seriously? That's a luxury item. Many folks are disabled with poverty, and can't even afford Netflix. Hey, ADA, Why don't you force them to give them Netflix for free? Hey, my MS Windows is disabled! It kept getting viruses until it died, the install CD was scratched, so now I have to use Linux... Waaaaah! I can't use Netflix on Linux! I'm being discriminated against because of my proprietary software disability! ADA, make them give me a Netflix that runs on Linux! (No, instead I write them emails and sign petitions, letting them know there is a problem.)

    I can see wheelchair ramps at grocery stores and side walks, but what about jungle gyms? Should there be a wheelchair ramp or elevator for disabled kids who can't walk so they can get to the top? What about folks with seizures? Oh, screw them, eh? My local nightly news is constantly showing scenes with police and ambulance lights flashing. Shouldn't they be forced not to show that? Wait, let's go to the source, shouldn't we just get rid of all flashing lights on police and emergency vehicles to make it easier for disabled folks with photosensitive seizures to live normal lives? What about kick-ball or badminton? Shouldn't we outlaw sports in schools that aren't accessible to quadriplegics?

    I make videogames. Should I have to limit my game designs to ensure mentally retarded people can still win, and make the controls simple enough that it can be played by blowing through a straw? Shouldn't my games have to come with a sentient robot that can speak out loud what's going on in the game, for the blind? That, or should all videogames be text only?

    We have to ask ourselves: What's Reasonable To Do? What's an acceptable effort level to assist the disabled? Not even trying to provide for the disabled is one thing. Sometimes people are just ignorant that a small change or addition could help out the disabled. We don't all think about every disability in everything we do, certainly not in indie games. Human society is a collective hive of minds, so fire off some signals if attention is needed! Open up discourse before getting lawyers involved -- Seriously, lawyers screw everything up forever and always. The money I'd spend on getting the accessibility features installed in my products would be wasted as legal fees. So, the end result when legal action is involved would be: No product for anyone. That's harmful to society. People who harm society deserve to be excluded from it (See also: jails). Yes, unreasonable and absurd actions beget unreasonable and absurd reactions.

    Being unreasonable and removing content or a service that isn't as accessible as desired makes folks without disabilities have crappier lives for what purpose? To make it harder for the rest of society to be sympathetic to the cause? I'm really seeing zero benefit for anyone here.

    Sure Netflix should get the ball rolling and get CC in their works. Some works have CC already, so they have the technology to improve the accessibility. Suing them over the lack of the feature? That's just fucking asinine: it makes everything worse for everyone; The lawyers get paid from the pool that gets you better services faster.

  83. militant and misinformed by Anonymous Coward · · Score: 1

    The description of a surgical operation with terms like "drilling into the skull to place a piece of hardware in the head" certainly places you in a certain category of people that are not worth listening to. I wouldn't want to hear you describe heart surgery next.

    Secondly, I call bullshit on your damage claims. Infants have an amazing ability to recover and regrow stuff that adults lack.

    Finally, I've never heard anyone suggest that learning sign language interferes with learning speech. In fact, some parents actually teach their children sign language very early so they can communicate before the children are able to speak.

  84. Re:These movies are produced by somebody... by Fjandr · · Score: 1

    Fine from an "I'm not likely to be targeted" standpoint. Legally, at least according to TFA, anything produced in the USA post-1996 and later sold in commerce must have CC content or is subject to FCC fines after the 2014 deadline.

    So, realistically you're fine if nobody cares about your production. Get noticed by the wrong person, however, and you'll be pulling your production or paying to have it captioned.

  85. Re:The ADA pushes too hard by rabtech · · Score: 2

    I've never seen anyone substantiate this claim except in the case of a multi-story building designed without elevators where a remodel requires one to be installed. Those are a vanishingly small number of cases these days since all multi-story facilities come with elevators now (and the price of simple hydraulic elevators has dropped).

    No one is making you retrofit anything if you are just using an existing building as-is. You only have to comply with the ADA if you are remodeling and then you can bypass restrictions if the facility is physically unable to accommodate or if it would be a financial hardship. How much does it really cost to combine two toilet stalls into one wheelchair accessible stall? A bag of quick-crete, a compass & string, and a couple hours of your time and you can pour your own wheelchair ramp for less than a hundred bucks and be 100% compliant with the latest code.

    The vast majority of complaining about ADA compliance is just penny-pinchers or people who don't like doing extra design work, even if it doesn't add much to the cost or timeline... Same reason railroads didn't adopt the safer air brakes or coupling knuckles even though both saved them money (and many brake and car men their fingers/lives!) in the long run and resulted in far fewer derailments. Congress literally had to force them to adopt technologies that saved lives, paid for themselves, and ultimately saved a lot of money.

    ADA won't save money so please, do tell, how exactly a combat vet with his legs blown off has any chance of enjoying a semi-normal life without things like the ADA? Don't those businesses owe him something, for protecting the society that allows them to even have a business in the first place? Or did the safety and security of the United States spring wholly from their own bootstraps in some sort of Randian fantasy land?

    --
    Natural != (nontoxic || beneficial)
  86. Re:The ADA pushes too hard by sjames · · Score: 1

    For the same reason the IRS doesn't just say send in whatever you can and call it good.

  87. Reasonable Accomodation by IBitOBear · · Score: 1

    The reasonable requirement woudl be to have to have every movie in the streaming cache twice, once with the regular movie, and once wiht the movie closed closed captions on if and only if the movie was released with that option. But requiring the service to cache every movie twice is kinda not reasonable from an expense point since that, by definition, doubles the required resources.

    The problem is that putting in a ramp isn't tantamont to building an entire second store.

    I find closed captions distracting, but I have no problem using inclined floors and ramps.

    When the accomidations are mutually exclusive why should there be a requirement to do both?

    Its a mess.

    Plus lots of the software would have to be re-written to make the two pools selectible instead of having a ghetto for the captioned movies etc.

    The whole thing is dumb once you get far enough afield.

    A local park was forced to shut down some "extra bathrooms" that they crammed into a disused corner because the tiny restrooms were in a tiny corner too small to be handicapt excessible. So while it freed up the main bathroom, since it was too tiny it had to be closed. That's just dumb. Sometimes taking a good thing to a stupid extreme should not be done. That's why the word "reasonable" was put before the word "accomodation". The courts keep forgetting the "reasonable" part because the complainers are not clued in to what things really take. They just want the be in on the game.

    When we are not allowed to play rugby because the legless cannot compete, our end will be final.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:Reasonable Accomodation by Zironic · · Score: 1

      That... Why would you do that?

      There's literally no reason to -ever- stream an entirely different movie just to have captions. If your streaming software is remotely sane it already supports subtitles as a separate data stream trivially toggled on/off at the client side, even if that's not supported you can just send the captions separately as an overlay.

    2. Re:Reasonable Accomodation by silas_moeckel · · Score: 1

      They don't even really need to host the close captioning. They just need to open up there platform enough so that publicly available CC can be used. Platforms like xbmc already have this feature. I'd love to see a judge rule that the ADA pretty much requires the use of open standards compliant tech.

      Hard subs are idiotic the only reason seems to be to devalue releases.

      --
      No sir I dont like it.
    3. Re:Reasonable Accomodation by ultranova · · Score: 1

      But requiring the service to cache every movie twice is kinda not reasonable from an expense point since that, by definition, doubles the required resources.

      Storage space is cheap, it's the network connection that costs - and that cost is dependent on the amount of usage, not on the amount of content. Besides, don't most (all?) video streaming formats support a separate subtext channel (or several), making the extra resources needed for providing them amount to a rounding error?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  88. Speech recognition Is not the way to go. by Trax3001BBS · · Score: 1

    While I don't have a hearing problem (that I'm aware of) I have closed captioned turned on.

    There is a local station I can pick up called "ThisTv" out of Seattle. Recently
    they have supplied closed caption for all shows; it has to be using Speech recognition software to do this.

    At first it was funny. Horror show and a woman screaming "Stay away, Stay away"
    closed captioned would show "Stairway, Stairway".

    This has been going on for a few months now, It's so bad as to make it useless.
    The fact nothing has changed since it started. I figure I might be the only one with closed captioned turned on.

  89. Just open it up to crowdsourcing and voting.. by idji · · Score: 1

    And let the consumers vote on who does good subtitles and offer corrections - all for free. and give acheivements to those who write good subtitles and get good scores - they can watch ad-free

  90. Re:suing the louvre for not having a braile mona l by silas_moeckel · · Score: 1

    Hard subs are broken, CC does not require the alteration of the source video just the inclusion of the CC data that can can over layered, displayed on a separate screen written out as braille etc. The issue is two fold they did not bother to trans-code the CC data from the original source and they refuse to inter-operate with external sources.

    --
    No sir I dont like it.
  91. If CC are available, they should be everywhere by ashmueli · · Score: 1

    I get Netflix via AppleTV, TiVo, and a sony BD player on one TV in the house (I'm not counting my other viewing options or mobile.) I love captions, they make it much easier for me to understand and follow. When I watch Netflix via AppleTV, I get beautiful captions. Same content via TiVo, nada. First step, they should make sure if the CC is already there, that everybody passes it through without trouble. There must be so many people who don't know the captions are really available on the content I'm enjoying now... before I started using the AppleTV path, I had no idea the captions were there

  92. Not a big deal for Netflix by zenyu · · Score: 1

    Most of the content on Netflix was already captioned at some point in the past.

    The problem is really that the captions are either not provided in a form that Netflix can accept them or they get lost when the material is transcoded. There already exists a patch for ffmpeg to maintain MPEG2 user_data and hence captions during transcode and SMPTE has released a standard for translating those captions into timed text for use with codecs that can't carry the captions natively. The cost to maintain the captions in already captioned content is near zero.

    The remaining content, such as independent documentaries, would impose some additional cost but this can be pushed onto the content provider. The providers of that content are ecstatic to have an outlet like Netflix available to them and can spend a few days creating the captions themselves for the opportunity to monetize content that before could only play in a few art houses and could rarely break even before Netflix existed.

    The CC rules would be very difficult on services that accept gobs of user generated content, but I would be surprised if larger players like YouTube aren't already working on a speach-to-text algorithm for that content.

  93. Would this apply to online games? by Toad-san · · Score: 1

    "World of Warcraft" for the blind .. I can see it now. No, wait, I can't! I'M BLIND! Where's my lawyer?

    Toad

  94. Re:suing the louvre for not having a braile mona l by RivenAleem · · Score: 1

    Supermarkets are also a necessity.

    Some people (not me, I'm not the argumentative type) would argue that 'art' forms are also a necessity for an intellectual and social animal

  95. Good For Them by assertation · · Score: 1

    I work with a blind guy in my office. He tests my web sites, handles support requests, we exchange emails, etc. It is almost like he isn't even blind. He is able to have that life because of laws like these. Instead of being a burden on society he is paying taxes and making other contributions.

    From what he has told me if it wasn't for organizations like the ADA suing orgs he and others would not have the things they do.

  96. Judge using a SledgeHammer as a Gavel by RobertLTux · · Score: 1

    i think that the ADA should be used to start requiring sites to take a few measures to make things a bit more accessable.

    1 ALL sites should be required to have a Non flash version
    2 this whole thing of scrolling frames inside scrolling frames MUST DIE
    3 not everybody has a huge screen (netbooks are 1024 wide but not 768 high)

    4 requiring you to watch a Video to apply for a job SHOULD BE BANNED

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  97. Software's inability to overlay by tepples · · Score: 1

    What you suggest (a text or image overlay) may work for Silverlight streaming. But I imagine that the streaming software built into limited-purpose set-top devices is not in fact "remotely sane". Does Netflix have the ability to push a software update to all devices?

  98. Here's the thing ... by somarilnos · · Score: 1

    Netflix isn't discriminating. They're selling a product. Whether that product is of use to someone with a particular disability is going to decide whether or not they purchase that product.

    If you're deaf, and if you know that you're not going to get captions out of something you purchase, are you going to buy it? Are they going to require that every single thing that is bought or sold in our country specifically accommodates deaf people?

    By that nature, are auto manufacturers going to be required to provide cars that can be driven by the blind? Is Nike going to have to make shoes that can be worn by quadruple amputees? It's a slippery slope when you dictate what a company is or is not allowed to sell.

    Without closed captions, a video is not as valuable to someone who can't hear the attached audio. At that point, a decision can be made to purchase or not purchase the product. Netflix isn't fraudulently claiming that their videos contain captions when they don't. There is no barrier that stops people with disabilities from purchasing their product. There is nothing that stops people from using their own third party software to convert speech to captions.

    With that in mind, people who are hard of hearing or deaf have a choice. They can purchase the product, which is advertised as is, or they can choose not to. The ADA requires that accommodations are available for accessibility of stores - it makes no claims over whether the products said stores are selling needs to be what people with disabilities would want. Otherwise, Wal-Mart would be in violation for selling pogo sticks, because clearly, a quadraplegic would not be able to use one. Barnes and Noble would be in violation for selling books, because illiterate people who are such because of a learning disability would not be able to read them. Certainly Best Buy can't sell car stereos without requiring that they have a display that shows all of the lyrics of every song they play.

  99. Re:The ADA sucks by Stargoat · · Score: 1

    ATMs used to be mostly OS2 under the hood. It's this ADA update that is putting the final nail into OS2's coffin.

    --
    Hoist Number One and Number Six.
  100. "Created equal" has nothing to do with the ADA by bradley13 · · Score: 1

    "all men are created equal and therefore should all have the same rights"

    As usual, this quote is being completely abused; it refers to natural rights. Having closed-caption movies is not a natural right. The rights referred to are rather more fundamental than that: life and liberty being the primary two. A disabled person has a natural right to be secure in their life; they do not have a natural right to have a wheelchair ramp leading into every business in town.

    Note that there may be a legal right to such a thing; this is what the ADA says. However, it is totally corked. Such laws ought to be tempered with common sense. How much relief does the law provide, as compared to the burden it creates? The ADA is not, at least not the way it is usually interpreted by the courts

    Real example: A third-floor restaurant in a historic old building that only has stairs, and has no place for an elevator. The ADA forced it to close. Just who is served by that? How did disabled folks benefit?

    In this case, Netflix may be required to stop distributing video content that does not have closed captions. The people who need closed captions will gain absolutely nothing. Meanwhile, the vast majority of people who do not need close captions will have lost something.

    If someone is disabled, life is not the same for them as for non-disabled people. That is cold, hard reality. Reasonable accomodations can and should be made, but their disability will not be eliminated by taking things away from the non-disabled. The ADA is an albatross.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:"Created equal" has nothing to do with the ADA by ultranova · · Score: 1

      Having closed-caption movies is not a natural right. The rights referred to are rather more fundamental than that: life and liberty being the primary two. A disabled person has a natural right to be secure in their life; they do not have a natural right to have a wheelchair ramp leading into every business in town.

      "Natural right" means a right some prominent philosopher really liked having. Nature itself doesn't respect your right to life, should it encounter you in the form of, say, a hungry bear. So saying that something is a natural right is not as impressive as you seem to think it is. Also, a natural right is not inalienable - you can lose your liberty, not just for infringing on someone else's rights but also for smoking pot. Finally, whether you are shot to death or starve to death you're not alive either way, so either your right to life puts obligations on other people beyond simply not murdering you, or we should rephrase it as the right to not be killed, and the same goes for the right to liberty; but as long as they stay as they are, arguing whether closed captions on videos should join social security and wheelchair ramps as manifestations of said obligations is arguing about details, not principles.

      Real example: A third-floor restaurant in a historic old building that only has stairs, and has no place for an elevator. The ADA forced it to close. Just who is served by that? How did disabled folks benefit?

      Perhaps you could provide a link, so that we may see for ourselves just what happened and what, if anything, the ADA has to say as an answer to your questions? Because "entity X did something bad somewhere" is not a useful form of argument for anyone except bullshit artists, and really needs to die.

      In this case, Netflix may be required to stop distributing video content that does not have closed captions.

      Or it could simply caption them. Which would be a simple and cheap operation even if the original source didn't include subtitles, which it almost certainly did, making it utterly trivial.

      That is cold, hard reality.

      Reality is neither cold and hard nor soft and warm. When you start adding such adjectives to it, you're confusing your own subjective interpretation of reality with reality itself. And these specific adjectives - "cold" and "hard" - are usually used simply as an excuse to justify having said qualities yourself. Which is pathetic.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  101. Re:suing the louvre for not having a braile mona l by tepples · · Score: 1

    If Netflix loses this case, I'd imagine that Netflix can use the loss to put more pressure on the individual distributors to provide the HOH subtitle track that is required by law. Does anybody reading this know what kind of indemnity clause is in Netflix's contracts with the individual distributors?

  102. Post the text where? by tepples · · Score: 1

    So many of the political videos would be better suited as static text pages of the transcript

    But I haven't found a place to post static pages on random subjects that shows a selection of newly posted pages to readers and has links to related pages. Wikipedia doesn't work because it's banned as "original research". Everything2 used to work until Wikipedia took most of its readership away, and it still doesn't support the use of graphs and the like. So instead, people make a video of it and post it to YouTube.

    1. Re:Post the text where? by AK+Marc · · Score: 1

      There's nothing stopping them from putting the transcript in the description/comments section, right?

    2. Re:Post the text where? by bingoUV · · Score: 1

      Blogger? WordPress? Embed the video in the same blog too.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
  103. Re:suing the louvre for not having a braile mona l by dAzED1 · · Score: 1

    so you do think the Louvre should be forced to provide a Mona Lisa in braille, then? As was said, a ramp is a minimal expense - very minimal expense, actually. It's a reasonable thing to expect. It's not reasonable to expect a record store to make captioned versions of every LP they sell, however. Eating is necessary. Watching a movie is not. And as said - the audio is part of the experience. Not all art can be enjoyed by everyone, that's just how it is.

  104. Re:suing the louvre for not having a braile mona l by RivenAleem · · Score: 1

    *hands over ears* LALALALALALALA

    This is me not getting into an argument.

  105. Wheelchair user at a local gym by tepples · · Score: 1

    My freaking running track has handicapped spots. That is retarded

    Not all disabilities make one unable to use fitness facilities. The gym I used to go to had a member who used a wheelchair to get from one upper body strength training machine to the next.

  106. Re:suing the louvre for not having a braile mona l by dAzED1 · · Score: 1

    excuse me...do they think there should be a braille Mona Lisa....

  107. Re:suing the louvre for not having a braile mona l by dAzED1 · · Score: 1

    you're more mature about it than I, then ;)

  108. Already supports subtitles by phorm · · Score: 1

    Netflix already supports subtitles. It's not on a lot of shows, but some do have them.
    If a given device doesn't support subtitles when the Netflix stream does, then it's the device maker that should be in the hot-seat for that case.

  109. Post roads by tepples · · Score: 1

    a locally owned pet store in Los Angeles who uses UPS to send something to Vermont is NOT interstate commerce.

    Even if mail order is not "commerce [...] among the several states", I imagine the constitutional right to regulate post offices and post roads would extend to other means of communication thereinafter invented, just as the army and navy powers extend to the Air Force, Marine Corps, and Coast Guard.

    1. Re:Post roads by stdarg · · Score: 1

      Sure, the post office and roads are very clear examples of interstate activities. But even with interstate highways, which are obviously interstate, I always heard there was no national speed limit, that it's up to each state. The federal government gives states incentives to set certain limits, but they can't just pass a law and say all roads must be 65 mph or less in the whole country.

      Also, I don't think the internet is as clear a derivative of the road network or post office as the marines and air force are to the army and navy. Would you be okay with requiring a license to get online, having no privacy (like laws against tinted windows), having yearly government inspections of your internet-enabled devices, etc? To me that would be an extremely unpleasant state.

      Out of curiosity, what ADA requirements do UPS and the post office have in terms of delivering products? (Netflix is delivering movies that other people created, similar to UPS/post office.) Is UPS required to provide braille labels when shipping to blind people so they can understand what package they're receiving? Or even more analogous, is the post office required to transcribe non-accessible junk mail and bills into braille for the blind?

  110. Re:The ADA pushes too hard by del_diablo · · Score: 1

    If a corporation can't be serious enough to accept a minor cost, its not a serious corporation, and will die and wither, even in the free marked.

  111. Subtitle text by phorm · · Score: 1

    But rather than the tiny subtitle text at the bottom, I want to see it in 1960-style batman captions...

  112. Exposure to a foreign language by tepples · · Score: 1

    By contrast sign language has shown to allow communication and build cognitive function at preverbal ages!

    Good point. I wonder why elementary schools don't try to provide some exposure to ASL even to hearing kids the way they provide some exposure to Spanish.

    1. Re:Exposure to a foreign language by eradoo · · Score: 1

      Re: tepples, They do this already...even in pre-school. My bosses kids were exposed to sign language, since it's been documented that children can learn sign language prior to learning to speak and thus speeding up their cognitive development. It is unfortunate the first response for many parents when they found out their child is deaf, to try to fix it and force them to learn speak and hearing, while they are losing ground already from not being exposed to sign language. If anyone needs a citation on this, just google it. Here's one article that explains the benefits of sign language at an early age: http://www.livestrong.com/article/93181-effects-language-cognitive-development/

  113. Re:the costs of CC by Khashishi · · Score: 1

    That's peanuts compared to the cost of filming the movie, though.

  114. Re:The ADA pushes too hard by Raenex · · Score: 1

    It's easy to say these things are "minor" costs when you're not the one paying for them, even if you are indirectly. Many businesses eek out a living on shoestring budgets.

    Of course many will fail, but many go on to succeed, and some just hum along making enough profit to stay in business. Every barrier you put in the way makes it that much harder for a business to succeed.

  115. Talking books by tepples · · Score: 1

    I don't remember seeing you complaining for years here about how each and every book ever published didn't have a Braille edition, or audiobook edition.

    That's because U.S. copyright law has an explicit exception for books produced in formats for the exclusive use of blind people.

  116. Orange and teal by tepples · · Score: 1

    By this same token, a duochrome-colorblind person can petition for color-adjusted films.

    Have you ever wondered why movies are trending toward an orange and teal color scheme? That's the scheme that happens to work best with common forms of color blindness.

  117. Dick Cheney by Frank+T.+Lofaro+Jr. · · Score: 1

    Look at Dick Cheney who mistook his friend for a moose!

    --
    Just because it CAN be done, doesn't mean it should!
  118. Re:Awesome! by Krischi · · Score: 1

    Try 55,000 instead of 100,000.

    Try the fact that most movies already have been captioned by the content owners and that Netflix is not displaying those captions, rather than having to caption from scratch.

    Try 1.5 billion in revenues in 2011 versus substantially less than the $40M figure.

  119. in general by neuralstatic · · Score: 1
    i think this well-meaning law is really counter productive in many cases.

    for instance: when we have to spend 80% more on public busses so 5% people can get on them more easily... i see it as defunding the majority of citizens. of course there is value in that a lot of the time -- within reason.

    but when bus lines can't be provided because they can't afford the bus for the 5% of *potential* users... who is getting served?

    and when nobody can see a movie because 1% of the people can't fully enjoy it... seems wrong-headed.

  120. Re:The ADA pushes too hard by Rix · · Score: 1

    False equivalence. All the ADA requires is equal access.

  121. Re:The ADA pushes too hard by Raenex · · Score: 1

    It demands that businesses take extra expenses and create special accommodations for a minority. There's nothing "equal" about that. In a free society, I don't need to have my spine severed to decide against that.

  122. Re:suing the louvre for not having a braile mona l by ultranova · · Score: 1

    so you do think the Louvre should be forced to provide a Mona Lisa in braille, then? As was said, a ramp is a minimal expense - very minimal expense, actually.

    As it happens, providing Mona Lisa in the form of, say, an etched surface - it can't be provided in braille, since it's a painting and braille is an alphabet, assuming we don't repurpose AAlib or something - would likely be far cheaper than building a ramp.

    It's not reasonable to expect a record store to make captioned versions of every LP they sell, however.

    Don't most records come with printed lyrics? So record stores seem to consider it reasonable.

    Eating is necessary. Watching a movie is not.

    Partaking in culture is necessary. It doesn't necessarily need to come in the form of movies, but it does need to come in some form.

    And as said - the audio is part of the experience. Not all art can be enjoyed by everyone, that's just how it is.

    But audio is not all of the experience, so this is irrelevant. And besides, since DVDs and Blurays already include captioning, Netflix not doing so would require them to deliberately remove it, which crosses the boundary from lazy apathy into active malice.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  123. Forget ADA, this is common business sense by iamacat · · Score: 1

    Movies without caption are useless for foreign language speakers, parents, parties, people who talk on the phone while watching TV. They most probably were already close captioned on DVD, so no need to pay for new original work.

    What really pisses me off is that Netflix doesn't provide close captioning on any integrated apps on TVs and Blu Ray players. So I have to drag Apple TV - the one device where they decided to get it right - from room to room any time I want to watch a movie other than in complete silence and isolation.

  124. Re:The ADA sucks by dwighteb · · Score: 1

    Same with Netflix. I have sympathy for the deaf, but private business does not have to change to accommodate their disadvantage.

    Netflix is not a private business - it is a publicly traded corporation. Also, they offer their services to the public. Netflix (as well as any business and individual) benefits from the infrastructure within our country, especially the Post Office and the internet, funded by tax payers. All businesses that are owned by a corporation here in the US are only real entities thanks to government fiat, ergo all corporations are beholden to our government, and all businesses succeed thanks in part to our infrastructure. One of the agreements placed on businesses to continue to exist in our country is that they follow our laws, and sometimes we ask them to do things that might not be profitable in order to help with the common good - like the Disabilities act, or child labor laws, or environmental protection laws that keep everybody from shitting up the rivers.

    This is an end run to keep future "broadcast television" from ignoring the needs of the deaf. If this is not settled now, it becomes more difficult to settle this in the future, and IMO it would be horrible if all future streaming services failed to deliver content with CC. If you feel that an allergy to certain foods is the same as being deprived of one of your senses (and such should be equally "protected" under the law), then you can never be reasoned with.

  125. Re:The ADA pushes too hard by ColdSam · · Score: 1

    The ADA, specifically, is not the point you made. The point you made is that only people who are handicapped can decide whatever is fair to provide for the handicapped, no matter how ridiculous. By extension, only people of color can decide what is fair compensation for institutional racism. Only those who lose their job should get a say in what resources should be provided for them....

    That's absurd and impractical.

  126. Length limits by tepples · · Score: 1

    Comments are definitely limited to 500 characters. I thought the description was limited to some (larger) number of characters.

  127. Sane Software? Not on a DVD or BLURAY... by IBitOBear · · Score: 1

    The problem isn't the ability to sanely write software with a side stream etc. The problem is that the source materials DVD's and BLURAY disks not digital dumps, so what netflix -can- do is limited by the prior restraint placed inside the DVD and BLURAY players that the cache images are built out of.

    There are also legal restrictions on -modifying- said playback, so even though they are allowed to stream it, there is no sense that they are allowed to edit that stream that I can find.

    I mean I am just guessing at the technical details, but have you even looked at a "Rental DVD" lately? Spend a buck at a RedBox, bring a disk home, and try to access the "extras". The menu is there but all that's behind its a placquard that says "extras are not available on rental media, go out and buy a copy if you want to see this eight-second out-take".

    Netflix source material may not even -have- the caption data stream to start with.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  128. Re:The ADA pushes too hard by Rix · · Score: 1

    The OP argued that businesses should be allowed to exclude people with disabilities. He was arguing for taking away, not against giving something extra.

  129. Re:The ADA pushes too hard by Rix · · Score: 1

    We both know that there's no way you'd be making this argument if it applied to you.

  130. Re:The ADA pushes too hard by Raenex · · Score: 1

    No, you don't, and it is besides the point. That somebody in a wheelchair thinks society should be forced to engineer themselves to accommodate them doesn't mean that the rest of society has to agree or have their spine severed to disagree.

  131. Re:The ADA pushes too hard by Raenex · · Score: 1

    Christ, you're full of shit. I've made it clear over and over again that a business should not have to go through extra expense to accommodate somebody with special needs.

  132. Re:The ADA pushes too hard by ColdSam · · Score: 1

    Perhaps if he were arguing for euthanasia or erecting new barricades to intentionally prevent the handicapped from getting around you might have a point. But that is very far from what we're talking about here.

    As a society, we ALL have to work out how we distribute our limited resources in a fair, but practical way. Should we spend $100M to cure your child of a rare cancer? Of course not, and suggesting that you (the father of the child) are the only one who gets to make that decision is crazy.

    Putting in a $50K ramp MAY also be crazy depending on the circumstances.

  133. Re:The ADA pushes too hard by Rix · · Score: 1

    Yes we do.

    Hypocrites like yourself are why these laws are necessary for a free society.

  134. Re:The ADA pushes too hard by Rix · · Score: 1

    You'd be in a world of hurt if the rest of us didn't accommodate special needs.

  135. Re:The ADA pushes too hard by Rix · · Score: 1

    It's exactly what we're talking about here. He wants it to be legal for businesses to intentionally design things to exclude the disabled. If a ramp costs $50,000, it's because they didn't properly plan access ahead of time. The cost isn't in the ramp, but the lack of forethought.

    I'd rather spend $100 million to cure a child of cancer than to buy a fighter jet. Don't tell me we allocate resources in fair, practical, or even sensible ways.

  136. Re:The ADA pushes too hard by Raenex · · Score: 1

    Hypocrites like yourself are why these laws are necessary for a free society.

    Oh really? Where have I demanded special accommodation? I happen to have long legs, and have had hellish trips on buses and airplanes because of it, but I never demanded that airlines and bus lines be legally required to provide more legroom.

    The real hypocrite is you, who talks about a "free society" where you think only people with severed spines are allowed to decide on mandatory, special treatment at extra expense.

  137. Re:The ADA pushes too hard by Raenex · · Score: 1

    How so, exactly?

  138. Re:The ADA pushes too hard by ColdSam · · Score: 1

    It's exactly what we're talking about here. He wants it to be legal for businesses to intentionally design things to exclude the disabled.

    That is a ridiculous exaggeration. There is a huge difference between intentionally excluding the disabled and not taking their needs into consideration. Further, it's not even that they didn't consider it, it's that they would consider it and find the cost excessive. This kind of hyperbole is why many reasonable people who would otherwise support access for the disabled are turned off by it.

    If a ramp costs $50,000, it's because they didn't properly plan access ahead of time. The cost isn't in the ramp, but the lack of forethought.

    Yes, they should have planned that ramp 200 years ago when the building was originally built. Hindsight is wonderful.

    I'd rather spend $100 million to cure a child of cancer than to buy a fighter jet. Don't tell me we allocate resources in fair, practical, or even sensible ways.

    Is that really the only choice? I'd rather use that $100M to save 20 lives by reducing pollution, having higher food or safety standards, et al. But if you want to be selfish and kill those 20 to save your kid, I guess I can understand.

  139. Re:The ADA pushes too hard by Rix · · Score: 1

    We both know that if that lack of legroom actually prevented you from flying, you'd raise a stink.

    No one is asking for special treatment, or extra expense. You know this, but you lack the courage of your convictions to just say that you dislike the disabled.

  140. Re:The ADA pushes too hard by Rix · · Score: 1

    That is a ridiculous exaggeration. There is a huge difference between intentionally excluding the disabled and not taking their needs into consideration.

    Nope, it amounts to exactly the same thing.

    This kind of hyperbole is why many reasonable people who would otherwise support access for the disabled are turned off by it.

    Those people are by definition unreasonable, and as such have to be smacked into doing the right thing.

    Yes, they should have planned that ramp 200 years ago when the building was originally built. Hindsight is wonderful.

    No business has to operate out of a 200 year old building. If they choose to, there will be many added costs.

    Is that really the only choice? I'd rather use that $100M to save 20 lives by reducing pollution, having higher food or safety standards, et al. But if you want to be selfish and kill those 20 to save your kid, I guess I can understand.

    There's plenty of money to cut from the military budget to do all of those things.

  141. Re:The ADA pushes too hard by Rix · · Score: 1

    Keep thinking, you'll get it eventually.

  142. Re:The ADA pushes too hard by Raenex · · Score: 1

    We both know that if that lack of legroom actually prevented you from flying, you'd raise a stink.

    No, I wouldn't, and the fact that I suffered in extreme discomfort on such trips without complaining to my local lawmaker should be a hint to you.

    No one is asking for special treatment, or extra expense. You know this, but you lack the courage of your convictions to just say that you dislike the disabled.

    Wow, can you seriously be that delusional? Do you think closed captioning doesn't cost extra? It's exactly special treatment for a minority being called into force through legislation.

  143. Re:The ADA pushes too hard by Raenex · · Score: 1

    In other words, you're spewing bullshit as usual and don't have an answer.

  144. Aha but the copyright. by niftymitch · · Score: 1

    Aha but who owners the copyright. The text and story transcribed may be a
    Violation of the copyright . The owner of the screen play could and should balk.

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  145. Re:The ADA pushes too hard by ColdSam · · Score: 1

    Nope, it amounts to exactly the same thing.

    So you also believe that murder and manslaughter are equivalent. Your semantic fuzziness weaken whatever moral point you are intending to make here.

    Those people are by definition unreasonable, and as such have to be smacked into doing the right thing.

    In other words, anyone less righteous than you.

    No business has to operate out of a 200 year old building. If they choose to, there will be many added costs.

    Why not tear it down and build an entirely new building? Sure, but that would cost more than $50,000, don't you think? Are you really just that incompetent at math and business?

    There's plenty of money to cut from the military budget to do all of those things.

    Of course, just eliminate the military budget and everything else is suddenly free. I'm looking forward to the the immortality and bountiful lifestyle that you guarantee. Free money from whatever business you think is undercharging, free money from government programs you don't agree with. Your world is refreshingly simple.

  146. Re:The ADA pushes too hard by Rix · · Score: 1

    No, sunshine, I was implying that you're developmentally delayed. The fact that it went over your head rather proves the point.

  147. Re:The ADA pushes too hard by Raenex · · Score: 1

    It's OK. I understand you're an idiot who will claim black is white whenever you feel sorry for somebody. It's just as well you don't explain yourself, as talking to people like you becomes an exercise in frustration.

  148. Automatic promotion of new and related videos by tepples · · Score: 1

    Blogger? WordPress?

    YouTube automatically promotes new videos on the home page and promotes related videos in a column at the right side of a video description page. How do you recommend that one promote one's blog post in a similar manner?

    1. Re:Automatic promotion of new and related videos by bingoUV · · Score: 1

      New videos on YouTube stay new (top 100) for 5 milliseconds so I don't see how that helps.

      Related is done much better on WordPress and blogger, being more pure text so easy to analyze. I have seen this in both, not sure how to enable / disable this feature.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.