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University of California, Berkeley, To Delete Publicly Available Educational Content (insidehighered.com)

In response to a U.S. Justice Department order that requires colleges and universities make website content accessible for citizens with disabilities and impairments, the University of California, Berkeley, will cut off public access to tens of thousands of video lectures and podcasts. Officials said making the videos and audio more accessible would have proven too costly in comparison to removing them. Inside Higher Ed reports: Today, the content is available to the public on YouTube, iTunes U and the university's webcast.berkeley site. On March 15, the university will begin removing the more than 20,000 audio and video files from those platforms -- a process that will take three to five months -- and require users sign in with University of California credentials to view or listen to them. The university will continue to offer massive open online courses on edX and said it plans to create new public content that is accessible to listeners or viewers with disabilities. The Justice Department, following an investigation in August, determined that the university was violating the Americans With Disabilities Act of 1990. The department reached that conclusion after receiving complaints from two employees of Gallaudet University, saying Berkeley's free online educational content was inaccessible to blind and deaf people because of a lack of captions, screen reader compatibility and other issues. Cathy Koshland, vice chancellor for undergraduate education, made the announcement in a March 1 statement: "This move will also partially address recent findings by the Department of Justice, which suggests that the YouTube and iTunes U content meet higher accessibility standards as a condition of remaining publicly available. Finally, moving our content behind authentication allows us to better protect instructor intellectual property from 'pirates' who have reused content for personal profit without consent."

165 of 337 comments (clear)

  1. The New Normal by Anonymous Coward · · Score: 5, Insightful

    When it's mandated that everyone must be a winner, everybody loses.

    1. Re:The New Normal by Baloroth · · Score: 5, Informative

      Did you literally not even read the first sentence of the damned summary? UC Berkeley is removing the content because the federal government requires any content they provide to be handicap accessible. Since it'd cost a prohibitive amount to make this content accessible, instead of keeping it up (which benefits 99% of the world) they're removing it because that 1% (or less) might have trouble accessing it. In other words, instead of content that was available to 99% of people, now it's available to 0% of people. In other words, instead of nearly everyone winning, and no one actually losing, everyone loses.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    2. Re:The New Normal by Anonymous Coward · · Score: 1

      Unfunded Mandates are usually dishonest actions by lazy authorities that want to claim victory at somebody else's expense.

      Demanding something for nothing is childish logic not planning/leadership/activism.

      If they passed a law requiring something without paying for it they might not get it.

      I don't need to point this out.. the universe enforces it for me.

    3. Re:The New Normal by Anonymous Coward · · Score: 1

      I think you missed the point of the original post and the one you replied to by being pedantic. Bottom line is the overall number of people that may be impacted are very small compared to those that benefit. Due to very rigid guidelines to make everyone a "winner," we have all become "losers" now that the resource has been taken away.

      The general idea is we have become a society that believes everyone must be accommodated lest we hurt someone's feelings. As anyone that has worked any project, the corner/edge cases always take up a large part of available resources to accommodate a very small pool of people that are affected. At some point we just need to draw the line and say we did the best we can but some people will have to find alternate solutions.

    4. Re:The New Normal by sdinfoserv · · Score: 1

      Easy to say - Higher education isn't free in the US. If you feel that way, then you need to pony up the cash, or write some conversion routine, or just keep quiet.

    5. Re:The New Normal by Tailhook · · Score: 2

      Easy to say

      Self evident things are often like that.

      --
      Maw! Fire up the karma burner!
    6. Re:The New Normal by DogDude · · Score: 1, Informative

      Civics 101: One of the purposes of a democratically elected government is to strive to ensure equality and/or fairness. Everyone needs equal access to government resources. Are handicapped parking spaces also for "losers" as you so derisively describe them?

      --
      I don't respond to AC's.
    7. Re:The New Normal by Anonymous Coward · · Score: 2, Informative

      About 50,000 deaf and blind adults in the USA, which would put them about 0.025% of the population.

    8. Re:The New Normal by Anonymous Coward · · Score: 3, Insightful

      Sticking up for the OP:
      losers was referring to the property of whether they received the beneficial outcome, not a reflection of the population themselves eg in a tax break for the poor the losers are the rich (not being derisive to the rich).

      Now to the argument:
      You have a false equivalence. The better comparison is would it be worth striving for equality if the choice were between disabled parking spaces or every last parking space being taken away

    9. Re:The New Normal by roman_mir · · Score: 2

      Well that's why democracy is garbage, the crap like this is what also ends up destroying business and various services, including what is covered in this story. Running a business and deciding who to sell to should be covered by the individual right to association as well as private property rights.

    10. Re:The New Normal by brantondaveperson · · Score: 2

      They won the lottery and are living on easy street for the rest of their lives.

      While I don't necessarily agree that the videos should be taken down because they don't have captions, or whatever, this is a pretty astonishingly reprehensible statement. Why don't you blind yourself, if it's such an 'easy street'?

    11. Re:The New Normal by Calydor · · Score: 2

      Yes ... being deprived of two out of five senses, specifically the two used the most in detecting the world around you is definitely the same as winning the lottery.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    12. Re:The New Normal by ACE209 · · Score: 1

      Welll then - stab your eyes out so you can win in the lottery too.

      --
      "we are all atheists about most of the gods that societies have ever believed in. Some of us just go one god further."
    13. Re:The New Normal by infolation · · Score: 1

      It's a bit like saying that buildings that only have steps and no wheelchair ramps or lifts must remove the steps. Even if they're an historical building.

      But, how could the historical building architects have foreseen the future requirement to provide wheelchair ramps or lifts? Maybe there just isn't enough space in the building. Nobody would propose to tear down historical buildings, just because they can't be made wheelchair accessible.

    14. Re:The New Normal by Anonymous Coward · · Score: 1

      Makes me glad that the ADA has made employing the disabled more difficult.

      http://freakonomics.com/2007/10/02/video-is-the-law-of-unintended-consequences-the-strongest-law-around/

    15. Re:The New Normal by Oligonicella · · Score: 2

      T'weren't democracy - t'was bureaucracy which has no unique master.

    16. Re:The New Normal by Rockoon · · Score: 1, Insightful

      Wow what a SJW dipshit you are.

      "Losers" does not refer to the handicapped, but to the non-handicapped.

      Why dont you go get irrationally triggered in some dark corner of 4-chan instead of here in the normal world?

      --
      "His name was James Damore."
    17. Re:The New Normal by AmiMoJo · · Score: 1

      What's the story with the content? Did they create it after the law came in, or before? If it was after than they should have added accessibility as they went along, and wouldn't be in this situation if they had. If it was created before, or the law only applies when it is online, then it seems like the law is badly designed.

      Also, are we sure it's not just an excuse? Seems like it couldn't possibly cost that much to have someone check the material for accessibility, even if it took a long time to complete the project. Things like captions for video can be automated - YouTube does a reasonable job with lecture style material.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  2. Re:ugh by Anonymous Coward · · Score: 4, Insightful

    Make no mistake: this isn't "deafies" ruining a good thing, it's the government.

    A government gone berserk with the only power it has: to make laws.

  3. Free stuff by Anonymous Coward · · Score: 5, Insightful

    Free stuff should be exempt. Putting a cost (for the provider) to a free thing (for the public) will usually make that thing not free (for the public) anymore.

    1. Re:Free stuff by Anonymous Coward · · Score: 3, Insightful

      No. Even paid stuff should be exempt.
      If I sell a book am I required to sell an audio version?
      If I sell a song am I required to transcribe it?
      This is clearly shit.

    2. Re:Free stuff by Anonymous Coward · · Score: 1

      Of course you should be required to transcribe it! That way I can finally figure out all those Tool lyrics.

    3. Re:Free stuff by tepples · · Score: 4, Informative

      If I sell a book am I required to sell an audio version?

      No, but you are required to license U.S. copyright in the book to the National Library Service for the Blind and Physically Handicapped.

      If I sell a song am I required to transcribe it?

      Songwriters and music publishers see sheet music as both an additional revenue source and as a way to more clearly establish copyright ownership.

    4. Re:Free stuff by Kjella · · Score: 1

      Free stuff should be exempt. Putting a cost (for the provider) to a free thing (for the public) will usually make that thing not free (for the public) anymore.

      For the most part it's just an overhead to the budget. Like you use $X to design a web page for ordinary people, then +Y% for people with screen readers. If you're doing an infomercial for $X then subtitles for the deaf is +Y%. It's just a cost of being universally available that society wants us to take and it's usually not that high. It gets unreasonable is when you take something that's a byproduct of what you're already doing like holding lectures and you could offer them to the public almost for free but adding a captioning cost multiplies the budget many times over or if what you end up with would become ridiculously impractical. But if you at any time could use the excuse that if accessibility costs come on top we won't do it to avoid paying the law would be hollow.

      I know we've struggled with getting data cubes past the accessibility test, even though I doubt anyone blind would ever try the insanity of navigating it with a screen reader. Other times you just run into absurdities in practice, that say a mountain lodge with no road needs a wheelchair ramp even though it's hard to imagine anyone in a wheelchair ever getting there. It's though to make general laws that don't in some way end up in absurdities. Unfortunately nobody's ever been able to codify "if it's stupid, use your head" as an actual regulation. At best you have rules for exemptions, but it's hard to see any formal reason why this should be exempted. I mean in an ideal world they would have been captioned.

      --
      Live today, because you never know what tomorrow brings
    5. Re:Free stuff by Xenographic · · Score: 2

      Is anyone working on preserving copies of this?

    6. Re:Free stuff by Oligonicella · · Score: 1

      No, but you are required to license U.S. copyright in the book to the National Library Service for the Blind and Physically Handicapped.

      Could you provide a cite please? I found nothing to this effect.

    7. Re:Free stuff by sbrown7792 · · Score: 4, Informative
    8. Re: Free stuff by tepples · · Score: 1

      Overage fees assessed by an ISP are generally not refundable.

    9. Re:Free stuff by AmiMoJo · · Score: 1

      We should support mandatory accessibility for web content because it prevents monstrosities like pure Flash sites and other crap that makes content harder to filter and digest down to the stuff we want to actually read. Even stuff like heavy Javascript can easily break screen readers.

      Essentially it's a mandate that sites should be Lynx compatible, which is a good thing for able bodied people too.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    10. Re:Free stuff by sabbede · · Score: 1

      Price isn't relevant. The ADA requires that educational material be accessible to people with disabilities. What you're suggesting would be akin to telling non-profits that they don't have to be wheelchair accessible.

    11. Re:Free stuff by donutz · · Score: 1

      > No, but you are required to license U.S. copyright in the book to the National Library Service for the Blind and Physically Handicapped.

      If I'm compelled to license my book to the NLSBPH, why can't they be compelled to produce the alternative media from my book? Rather than have to take the book down because I don't have the means or care to transcribe it? Substitute me with UC-Berkeley if you please.

  4. Re:ugh by Anonymous Coward · · Score: 3, Informative

    This is not because of the government, this is due to a complaint:
    "The Department opened its investigation of UC Berkeley based on a complaint"

  5. Re:How Does This Solve Their "Problem"? by Gaygirlie · · Score: 5, Informative

    Um, the content is no longer available to the general public and as such the law requiring publicly available content being accessible for people with disabilities no longer applies.

  6. Re:Liberals -- explain yourselves by Actually,+I+do+RTFA · · Score: 4, Informative

    This is a law only a liberal would think to pass

    Except that it was a law championed by President Bush, and signed by him. Actually, the first version was signed by Bush the Elder, and the revision was signed by Bush the Younger. So, you know, two Bushes.

    The idea was that it's wrong to make handicapped people unable to participate in society.

    --
    Your ad here. Ask me how!
  7. Re:ugh by Anonymous Coward · · Score: 4, Interesting

    Its freaking Berkeley. You can bet those leftie loonies were pushing hard for that law. Guess they don't like their own dog food.

  8. Re:Liberals -- explain yourselves by fred6666 · · Score: 1

    They should use the capitalist approach to the problem. Move the servers offshore, and transfer the ownership of the content to a non-US based corporation, so that the law no longer applies to them.

  9. Re:Liberals -- explain yourselves by OzPeter · · Score: 1

    Liberals -- explain yourselves. Come on, I'm waiting. This is a law only a liberal would think to pass and this is basically the perfect Soviet style result.

    There is a high school state champion wrestler in Texas who would like to point out to you that "liberals" are not the only people who write laws with unintended consequences.

    --
    I am Slashdot. Are you Slashdot as well?
  10. if only it was unintended consequences by liquid_schwartz · · Score: 2

    I'd love to chalk this up to unintended consequences but the prohibitive cost of all this disability run amok has been pointed out numerous times.

    1. Re:if only it was unintended consequences by AmiMoJo · · Score: 1

      In most places the relevant laws don't require all the old stuff to be immediately updated. It's usually a requirement for new stuff, and for old stuff that is being renewed in some way such as repeat broadcasts on TV or building renovations.

      That way the cost is fairly minimal.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:if only it was unintended consequences by liquid_schwartz · · Score: 1

      In most places the relevant laws don't require all the old stuff to be immediately updated. It's usually a requirement for new stuff, and for old stuff that is being renewed in some way such as repeat broadcasts on TV or building renovations.

      That way the cost is fairly minimal.

      But there is a cost. And that cost results in real things being taken away from the majority of people. If I can't have it nobody can is a poor attitude. Now if we were to actually try and solve problems, rather than merely bitch about them, we could use the army of people on disability to fix this. We pay them after all, we might as well have them do something. Money for nothing is a *very* bad idea. If people on disability had to volunteer a certain number of hours they would feel better about themselves, have more fulfilling lives, and stuff like adding captions would have tons of people to do.

    3. Re:if only it was unintended consequences by AmiMoJo · · Score: 1

      Say it adds 1% to the cost, for the sake of ensuring the disabled people are not excluded or disadvantaged. Is that worth it? What if it is 5%? 10%?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:if only it was unintended consequences by liquid_schwartz · · Score: 1

      To Berkeley apparently not.

  11. Barriers by XXongo · · Score: 1

    Is closed captioning the only thing causing this decision? Youtube will automatically close-caption uploaded content, simultaneously eliminating any hosting costs.

    The letter from the Department of Justice goes into ten pages detail on this; take a look at it: https://news.berkeley.edu/wp-c...

    The statement with respect to youtube captioning was:

    "Examples of barriers to access on UC Berkeley YouTube channel content included the following:
    1. Automatically generated captions were inaccurate and incomplete, making the content inaccessible to individuals with hearing disabilities."

    However, in response to your question, no, close captioning was one barrier mentioned, but not the only barrier mentioned.

    1. Re:Barriers by cmorgan503 · · Score: 1

      "Examples of barriers to access on UC Berkeley YouTube channel content included the following: 1. Automatically generated captions were inaccurate and incomplete, making the content inaccessible to individuals with hearing disabilities."

      I had a class recently where the instructor was showing a youtube video that she did not watch all the way through with the subtitles on. During the lecture, she had us all watch the youtube video, only to have to stop the video before it got to the half way mark because it was hilariously inaccurate to the point even she was laughing at the video. I'm told the video has since then had the subtitles fixed.

  12. Re:Liberals -- explain yourselves by fred6666 · · Score: 1, Insightful

    I also forgot the obvious part:

    -Layoff workers in the US and vote bonus to executives for having such a great idea.

  13. Re:Liberals -- explain yourselves by xevioso · · Score: 2, Funny

    You! You and your facts! Get out of here with those!

  14. Textbook Companies Fight Back by chiasmus1 · · Score: 1

    Textbook publishers seem to have the ability to provide all of their stuff with ADA compliance for the starting cost of only $100 for cheap stuff and hundreds more for high quality stuff. When the Open Educational Resources (OER) stuff starts to eat their profits, they fight back by pushing for laws that hurt small free alternatives. Seems like it should be cheaper and easier to provide ADA compliance.

  15. Re:How Does This Solve Their "Problem"? by dgatwood · · Score: 3, Insightful

    Well, that's not entirely true. The ADA requires that content be accessible if students request it, too. The difference is that students who request it can get assistance with the non-accessibility-friendly content on a one-off basis in exchange for their tuition. It isn't that it is too expensive to do the captioning, but rather that it is too expensive to do it without compensation.

    --

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

  16. Re:How Does This Solve Their "Problem"? by xevioso · · Score: 1

    But it's a public university, as I recall, not a private one. It gets a huge amount of grants from the state and federal government.

    If the facilities on campus are subject to ADA laws, wouldn't those same laws apply to online content from the university?

  17. Re:ugh by BlueStrat · · Score: 3, Insightful

    This is not because of the government, this is due to a complaint:
    "The Department opened its investigation of UC Berkeley based on a complaint"

    This is not because of a complaint, it's because of the government's response, which should have consisted of a bureaucratically-worded version of "...and?...so what, it's free?" instead of the present myopic, pigeon-holing, thinking-strictly-within-the-box, easily-predictable, and all-too-typical bureaucratic mess of unintended consequences whenever big government gets involved.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  18. Re:Individuals with Disabilities Education Act (ID by Sarten-X · · Score: 1

    In which case, I assume any student can go to the appropriate university services department and get the video transcribed accordingly, like any other educational material.

    The difference would be that it's an on-demand transcription, which would presumably cost a lot less than mandated transcription of all the videos regardless of demand, just because they're public.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  19. I must be a pirate! by BarbaraHudson · · Score: 4, Interesting

    allows us to better protect instructor intellectual property from 'pirates' who have reused content for personal profit without consent."

    Every time I learned something in school, it profited me, at least in the sense that I knew more than before. The whole idea of education is that people benefit from it. If you make something available to world+dog, do they need to get your permission to actually personally profit from it in some fashion? Of course not.

    The way print media such as books get around the obligation to provide access for handicapped people is that copyright allows for 3rd parties that specialize in services to the blind, etc., to make copies of non-dramatic works (written, audio, etc) without having to seek the permission of the copyright owner. Seems to me all the uni should have to do is appeal, and point out that there is already a legal remedy that exempts publishers of copyright non-dramatic media from having to comply with the act, given that the law shifts that right and responsibility to authorized 3rd parties.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    1. Re:I must be a pirate! by BarbaraHudson · · Score: 1

      So sort of like the conflict between the GNU and BSD licence crowds - they want it open, but not completely.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    2. Re:I must be a pirate! by sabbede · · Score: 1
      Wait, so not only are they complaining about the cost of complying with the regulations that require them to make content accessible, they're also mad at 3rd parties that make it accessible at no cost to the University?

      If they don't want a 3rd party to profit off the work of their professors, how about contracting them to make University content accessible. I bet a company specializing in accessibility can do it for less than the University could.

  20. Re:Liberals -- explain yourselves by lgw · · Score: 1

    Big government Republicans aren't really a different party form the Dems, though - they're the two faces of the Uniparty.

    When looking at laws, we should care about results not intentions. The result here was to remove educational content from the public domain that was useful for 99% of people, because one guy complained. Net detriment to society.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  21. This is ridiculous... by Roger+Wilcox · · Score: 2

    DOJ: "Your free online course materials are not accessible to blind people. Make them accessible."
    UCBerkeley: "Uhhh... how about we just make them inaccessible to everybody?"
    DOJ: "That's fine."

    In what world does this logic compute? DOJ absolutely does not care about accessibility... just look at the result of this travesty of an order.

    This is 100% about reducing public access to information. No other interpretation even makes sense. DOJ and the rest of Washington should be ashamed of themselves for the serious and ongoing damage they inflict upon our society.

    1. Re:This is ridiculous... by Grishnakh · · Score: 4, Insightful

      It has nothing to do with the DOJ caring about anything. The only thing that's important is the letter of the law. The law says publicly-available material must be handicap-accessible. This material is not. Therefore, the university has to fix this situation, to get into compliance with the law. They could spend a bunch of money and transcribe it all, but that's expensive. So they chose the cheaper option: remove it all from public availability. So, if there's no material that's publicly-available, then they're not running afoul of the law that says all publicly-available material must be accessible, and they're OK.

      What the DOJ cares about is irrelevant. Even if the DOJ doesn't like this, it's too bad: the law is the law. The law doesn't say "publicly-available material must be handicap-accessible, and if someone complains, you have to make it more accessible, rather than just removing it".

      The DOJ isn't really to blame here; they're just enforcing the law as written. If you don't like it, then you need to get Congress to amend the law and pass a better one. There's two parties at fault here: 1) Congress, for writing a crappy law (it should have exempted stuff that's freely available, as in beer: no one's under obligation to provide stuff for free, and beggars can't be choosers), and 2) the self-serving moron who complained about this and made it into a big legal issue.

    2. Re:This is ridiculous... by serviscope_minor · · Score: 1

      In what world does this logic compute? DOJ absolutely does not care about accessibility...

      No indeed, the DOJ cares about the law. The law says that non accessible stuff is illegal. The law doesn't say stuff has to exist. It's a perfectly logical interpretation of the law: either making it accessible or removing it moves them into compliance (that is not having anything non accessible).

      The law is, as is very often the case, an ass.

      --
      SJW n. One who posts facts.
    3. Re:This is ridiculous... by djinn6 · · Score: 1

      DOJ didn't say it was fine to drop the courses. It only said Berkley should ensure disabled people should have access to it, and "Pay compensatory damages to aggrieved individuals for injuries caused by UC Berkeley’s failure to comply with title II."

    4. Re:This is ridiculous... by Grishnakh · · Score: 1

      The spirit of the law thing only becomes relevant if you have a case that goes to trial; that's really something for a judge to decide. This isn't a court case, this is the DOJ enforcing the law as it's written and asking the university to comply with the law. The university is doing just that. They could refuse and turn it into a court case, but that costs a lot of money, which will all be taxpayer money (on both sides, CA state taxpayer money on the university's side and federal taxpayer money on the DOJ's side), so they're just giving in.

      As for crowdsourcing, that sounds nice, so maybe some volunteers will step up and volunteer for that. But for now, the university can't wait, they have to comply with the law, so the materials need to be removed.

      Yes, the law is stupid. Blame Congress for that, and Presidents Bush (I & II) for signing it.

    5. Re:This is ridiculous... by nebosuke · · Score: 1

      What you say is perhaps the way it should be, but not precisely true either. The reality is that the DOJ has an absolutely incredible degree of leeway and discretion in terms of its enforcement agenda and priorities.

      This is nothing nefarious, just the inevitable outcome of the confluence of the following factors:

      • The sheer number of laws on the books
      • The overwhelming number of potential law enforcement actions possible as a result of the above
      • The limited resources of the DOJ
      • The reasonable expectation that the DOJ exercise judgment in enforcement actions (e.g. murder cases are higher priority than shoplifting cases, which might not even be pursued at all) and not use a totally unbiased but stupid approach like a strictly ordered queue ordered by filing date

      Note that the DOJ having discretion is not the same as a single, all-seeing mastermind at the DOJ directing traffic on all possible investigations and enforcement actions. In many cases it is the emergent outcome of policies developed to translate law into rules, discretion exercised by bureaucrats at various points in the process, etc. that ultimately decides the path of a case.

      It might also be the result of purely political policy decisions by the members of the executive branch or others with the ability to influence enforcement policy. Many people are only now beginning to understand the extent and magnitude of this factor as you see the absolutely stark contrast between the Obama administration's policies and those of the Trump administration. Policy decisions by the executive branch can decide whether or not you get deported, whether or not states condoning recreational marijuana sales get busted by the FBI/DEA/ATF etc., and how aggressively (if at all) DOJ pursues certain types of potential violations (e.g. ADA & IDEA violations) through very direct and transparent means like executive orders, or more indirectly through methods like withholding funding or authorizations required to staff an enforcement division.

      "What the DOJ cares about is irrelevant" might be the way it should work in theory, but not how it works in practice. There was nothing inevitable about the DOJ handling the case the way it did (indeed, nothing inevitable about them handling the case at all--if not outright de-prioritizing the case, many of these issues are resolved differently based on the highly variable inclination and ability of DOJ personnel to convince parties to go through ADR/mediation rather than issuing an order or proceeding through litigation). To be clear, I'm not necessarily saying the DOJ mishandled the issue or made misjudgments, I'm just pointing out that they did in fact exercise judgment (it's just the way these things work in practice).

    6. Re:This is ridiculous... by sabbede · · Score: 1

      So the literal meaning of the law is irrelevant? You do realize that will result in a situation where the law means whatever somebody wants it to, no matter what it actually says? Our entire legal system would collapse, followed immediately by society. There's a reason laws are written down. People need to know what they are. If you say the law means something other than it says, how the hell is anyone else supposed to know that? They only have the written word to go by.

    7. Re:This is ridiculous... by sabbede · · Score: 1

      There is no legal requirement that the University make content available online. There is a requirement that if they do, it must comply with ADA accessibility rules. The DOJ is enforcing a law meant to protect people with disabilities, UCB is dropping online content to avoid having to pay the compliance costs.

    8. Re:This is ridiculous... by wasteoid · · Score: 1

      The answer is Moops

  22. Re:Liberals -- explain yourselves by jon3k · · Score: 4, Informative

    Yes, signed them. Everyone seems to forget the bills originated in the 101st congress which consisted of a senate with 54 democracts vs 45 republicans and a house with 251 democrats and 183 republicans -- overwhelmingly liberal. This was not something that was politically attractive to fight, so he signed it.

  23. Re:Individuals with Disabilities Education Act (ID by mrchaotica · · Score: 1

    In that case, what they should do is re-upload anything that the on-demand transcription service has in fact transcribed.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  24. Good on Paper by Thyamine · · Score: 2

    This is one of those ideas that sounds great on paper, but in reality has these sorts of side effects. No one should be discriminated against, and I'm sure they had very good examples of where/why this should be done. But then you have this on the other end where a university was doing this gratis (or call it advertising/PR if you want), but to comply with the law is ridiculous so the result is they have to pull it all.

    --
    I will shred my adversaries. Pull their eyes out just enough to turn them towards their mewing, mutilated faces. Illyria
    1. Re:Good on Paper by ProzacPatient · · Score: 1

      Not that I don't agree with the objective of the ADA, but as a developer the ADA is such a pain to conform to sometimes. I especially hate having to make products work with overpriced text-to-speech software, and what is worse I'm not blind so I don't use screen readers that often so I'm not really sure if what I'm building will work in practice for a disabled person so sometimes I almost wonder if I should ask my manager to hire a disabled person just to test ADA compliance.

    2. Re:Good on Paper by Jiro · · Score: 1

      They "have to" pull it all if they don't have money to spend.

  25. Sanity in this sheep blood and gum on my hands by tepples · · Score: 1

    figure out all those Tool lyrics

    Why are your hands covered in sheep blood and gum?

  26. Kurt Vonnegut by darkitecture · · Score: 5, Insightful

    "It was then that Diana Moon Glampers, the Handicapper General, came into the studio with a double-barreled ten-gauge shotgun. She fired twice, and the Emperor and the Empress were dead before they hit the floor.

    Diana Moon Glampers loaded the gun again. She aimed it at the musicians and told them they had ten seconds to get their handicaps back on.

    There's something frustrating and sad about this article but I'm afraid I can't remember what it is. Felt like a doozy though.

    1. Re:Kurt Vonnegut by brantondaveperson · · Score: 1

      This is the best of the Harrison Begeron posts in the thread.

    2. Re:Kurt Vonnegut by painandgreed · · Score: 2

      The thing that always bothered me about that story is that I've known people who could not hit a moving human sized target even with a double-barreled ten-gauge shotgun, so how did she do it? It seemed obvious to me as a high school student reading this that the Handicapper General was not handicapped as much as some people. All handicapped are equal, but some handicapped are more equal than others.

  27. Re:Liberals -- explain yourselves by __aaclcg7560 · · Score: 2

    Thank you for proving that the Bushes were not conservatives, but actually liberals.

    Trump is neither Republican nor conservative, and, until a few short years ago, was a Clinton Democrat.

  28. Re:Liberals -- explain yourselves by Anonymous Coward · · Score: 1

    ...and of course it was introduced into the senate by Sen. Tom Harkin (D-IA).

  29. Re:Liberals -- explain yourselves by Grishnakh · · Score: 2, Informative

    Doesn't matter. He signed it, so it's his baby. He could have vetoed it.

    It's just like Clinton signing the law overturning the Glas-Steagal Act, and causing the 2008 mortgage meltdown. Clinton apologists keep trying to put all the blame on Congress, but Billy signed it, so it's really his fault.

  30. Re:Liberals -- explain yourselves by Anonymous Coward · · Score: 1

    The first one was written by Tom Harkin a Democrat from Iowa. He was a congressman from 1975 until 2015. That's forty years! He is a great example of why we need term limits.

  31. Re:Liberals -- explain yourselves by serviscope_minor · · Score: 1

    Thank you for proving that the Bushes were not conservatives, but actually liberals.

    Next you'll be telling us they're not true Scotsmen either.

    --
    SJW n. One who posts facts.
  32. The DOJ findings are absurd by Anonymous Coward · · Score: 5, Informative

    The DOJ findings are ridiculous. I've been reading through that PDF and it seems totally unreasonable. Here are a few samples.

    "Stacy Nowak, a member of NAD, is a professor and PhD student at Gallaudet University and she is deaf. Ms. Nowak would like to avail herself of what she believes is the increasingly frequent use of video and audio-based scholarship. Ms. Nowak teaches communication courses at Galludet, including Introduction to Communication and Nonverbal Communication. She would like to use numerous online resources related to communication in her classes, including the UC BerkeleyX course, “Journalism for Social Change,” but cannot because they are inaccessible. If UC Berkeley’s online content were accessible, she would take courses and utilize the online content in her lectures."

    What right does she have to reuse someone else's copyrighted materials? Just because the lectures are distributed online free of charge does not mean that you have a right to take content from them for derivative works and derive revenue from them.

    "Approximately half the videos did not provide audio description or any other alternative format for the visual information (graphs, charts, animations, or items on the chalkboard) contained in the videos. For example, in one video lecture, a professor pointed to and talked about an image and its structure without describing the image, making it inaccessible to individuals with vision disabilities."

    Because details aren't provided here, I can only assume this was a recording of a lecture given in person to students. If so, the primary purpose of that lecture is to accommodate the students who are in the room, taking the class at that time. If there are students with vision disabilities in that class, the instructor would reasonably be expected to accommodate those students. However, most instructors don't design content to be accessible unless there's a specific need for it at that time. It is typically the responsibility of students to notify the instructor of disabilities, so the instructor can provide appropriate accommodations. I don't see why there should be an issue with posting a recorded copy of that lecture online. I suspect that part of the reason for removing the content from being publicly available is so they can limit access and follow the typical procedure where students with disabilities notify the instructor for the need of accommodations.

    "Finally, UC Berkeley has not established that making its online content accessible would result in a fundamental alteration or undue administrative and financial burdens. As indicated below, the Department would prefer to resolve this matter cooperatively."

    This seems remarkable given the volume of content. That the content is now being removed suggests this finding is completely false. That's particularly odd, considering this text, also in the report: "In December 2015, UC Berkeley reported that its YouTube channel had about 9,600 hours of course video and 4,200 hours of events and other video content on its YouTube channel. Its iTunes U platform had 10,400 hours of course video, 800 hours of events video, 18,000 hours of course audio, and 225 hours of events audio. About 75 percent of the same video content on YouTube is also available on iTunes U. In May 2015, UC Berkeley informed the Department that for “budget reasons,” beginning in the Fall 2015, UC Berkeley would limit access to new online content on YouTube and iTunes U to enrolled UC Berkeley students taking specific courses."

    "To remedy the violations discussed above, UC Berkeley must at least take the following steps: [...] 6. Pay compensatory damages to aggrieved individuals for injuries caused by UC Berkeley’s failure to comply with title II."

    Huh? There are actual damages because free content was deemed to be insufficiently accessible? This is bizarre.

    1. Re:The DOJ findings are absurd by Anonymous Coward · · Score: 1

      I think it would be good if she could reuse the course in her own lessons, I bet some teachers for non-handicapped student already do that

      But as you say, making a video of a course with visual aids and making it accessible to the public will not be easily adapted, as a teacher you have to rethink all your lesson plans so as any kind of disabitity is taken into account, this is batshit crazy! colorblind, blind, deaf, mute, ...

      And a lot of these MOOC provide transcripts as far as I am aware

      That should be sufficient I think, unless a disabled student had taken the course (IRL) and they had adapted material for that student ...

    2. Re:The DOJ findings are absurd by Raenex · · Score: 1

      Huh? There are actual damages because free content was deemed to be insufficiently accessible? This is bizarre.

      Welcome to $CURRENT_YEAR. So progressive!

    3. Re:The DOJ findings are absurd by sabbede · · Score: 1

      Did you miss the part where this began in 2015, long before the current administration became the administration?

    4. Re:The DOJ findings are absurd by sabbede · · Score: 1
      The ADA requires online course material be accessible for disabled persons. Doesn't matter if it's free or not, doesn't matter where it's being accessed from or by who, that isn't pertinent to the legislation. If it's educational material, it has to comply with ADA accessibility rules. The reasons for which should be obvious and reasonable.

      Look at it like this - if you provide a service at a location, even if you're a non-profit charity, it has to be wheelchair accessible. Berkeley is basically saying that ramps are too expensive, so they're just not going to let people in wheelchairs on campus.

    5. Re:The DOJ findings are absurd by Anubis+IV · · Score: 1

      What right does she have to reuse someone else's copyrighted materials?

      The videos were distributed on YouTube under the CC BY 4.0 license. It allows for commercial reuse, so long as the derivative work provide attribution. That's what gave her the right. It's the same reason this Slashvertisement for LBRY is happening, since they're using the fact that the videos were distributed under that license to redistribute them elsewhere.

      I agree with everything else you said, however.

  33. Re:Liberals -- explain yourselves by Grishnakh · · Score: 1

    fallacy: No True Scotsman

  34. Re:ugh by serviscope_minor · · Score: 1

    What you're advocating is that the government ignore the law and do what is effectively legislating from the bench. Everyone wants what when the laws are stupid, no one wants it when the laws are clearly sound. The trouble is few people agree precisely on which is which.

    It's still astonishingly stupid though.

    --
    SJW n. One who posts facts.
  35. Sarcasm I'm sure since Berkeley has over $4billion by raymorris · · Score: 1

    Just in case anyone is unaware, UC Berkeley has over $4 billion.

  36. Re:ugh by serviscope_minor · · Score: 1

    The law was proposed by a democrat, but the vast majority of congress critters both republican and democrat voted for it. A republican president then signed it into law. Basically both sides liked it, so you'll have to find someone else to hate for now.

    --
    SJW n. One who posts facts.
  37. Re:How Does This Solve Their "Problem"? by rakslice · · Score: 1

    It doesn't relieve them of the requirement AFAICT, but if they're like most universities they already have facilities in place to provide assistance to students with disabilities that will prepare closed captions or other replacement materials on a course-by-course basis and by request. Combined with limiting the potential audience to students (i.e. reducing the number of people that an ADA complaint could possibly come from), they may not feel they are likely to get into trouble.

  38. Re:ugh by Anonymous Coward · · Score: 5, Insightful

    This is social justice at its finest. No sight for the sighted unless the blind can see.

  39. Re:Liberals -- explain yourselves by rakslice · · Score: 1

    I mean, is spending taxpayer money on education in the first place a Soviet style result?

  40. Cut them all. by Anonymous Coward · · Score: 1

    And the trees are all kept equal
    By hatchet,
    Axe,
    And saw

  41. Re: ugh by Type44Q · · Score: 2

    so you'll have to find someone else to hate for now.

    They'll both do just fine, thanks.

  42. Re:ugh by slew · · Score: 4, Informative

    You have zero knowledge of US history, but I am not surprised. ADA was a brainchild of Reagan. The act was established in 1990 (Reagan/Bush ruled as president from 81-92).

    AFAIK, blind activist Patrisha Wright and representative Tom Harkin (Dem who has a deaf brother) were the brainchilds of the ADA. Reagan was against it and he may of actually precipitated it by threatening to revoke Section 504 of the (American) Rehabilitation Act of 1973 (which was opposed by Nixon and Ford, but passed by Carter) when he was in office.

    However, after the Reagan era, Bush1 signed the ADA in 1990... and Bush2 signed the amended version in 1998...

  43. Re:ugh by SomePoorSchmuck · · Score: 5, Insightful

    The law was proposed by a democrat, but the vast majority of congress critters both republican and democrat voted for it. A republican president then signed it into law. Basically both sides liked it, so you'll have to find someone else to hate for now.

    Because elected officials were willing to be known as "that guy who hates people in wheelchairs and expects them to drag their bodies up the steps of a building with just their hands"...?

    Come on, this is the Social Justice m.o. -- Terrible law which has no business being passed gets passed because every official who votes for it gets to virtue-signal as being Caring and Pro-Diversity and Forward-Thinking, because "if it only helps one person this {128374-page law with 4 billion in bureaucratic overhead and hundreds of billions in compliance costs to ever man, woman, child, and business in our society} will have been worth it!"

    Well, 40 years into the Progressive Revolution and we've long passed the point of diminishing returns, where now each new "right" for each new sub-sub-subgroup is actively depriving the majority of people from looking at a damn website, because the ability to look at a website that other people might not be able to look at is cruel and heartless and a tool of oppression by the white male heterosexist ablist hegemony.

    Let's repeat that again -- the federal government has established that the simple act of people looking at a website is trampling on the equal-protection rights of a victim class. LOOKING AT A WEBSITE.

    You're not Rosa Parks; this isn't the 60s; nobody is siccing dogs on you or firebombing your home, they are LOOKING AT A WEBSITE.

    OH NOOES!

    --

    Hollywood, Television, has become the dream machine. We need to take that back; each of us is a Dream Machine
  44. Re:Liberals -- explain yourselves by QRDeNameland · · Score: 1

    They should use the capitalist approach to the problem. Move the servers offshore, and transfer the ownership of the content to a non-US based corporation, so that the law no longer applies to them.

    Here's a better approach...and one that is more likely to actually happen. Anyone who cares to preserve the material will band together to download it all from Youtube, and upload it to TPB. You have 9 days, pirates. Arrrrrr!

    --
    Momentarily, the need for the construction of new light will no longer exist.
  45. Re:False Flag on Education Moment by rakslice · · Score: 1

    So Republicans pass laws they don't mean, or what?

    https://en.wikipedia.org/wiki/...

  46. Re:ugh by Anonymous Coward · · Score: 1, Informative

    You missed that "Americans With Disabilities Act of 1990" part in the summary?

  47. Re:False Flag on Education Moment by rakslice · · Score: 1

    I mean, you're right, UC Berkley is wussing out here, they've basically said "screw you guys I'm going home" because they don't want to spend $ to make their content accessible to people with disabilities. But are you saying that the government is wrong to try to enforce the law here, or that this law shouldn't be a law in the first place?

  48. Re: ugh by HornWumpus · · Score: 3, Insightful

    How is he supposed to know if they ride Harleys?

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  49. So? Why doesn't UC put it to Public Domain? by Anonymous Coward · · Score: 2, Insightful

    No longer UC's property, no longer UC's problem. And still available to whoever may wish to view it.

  50. Re:False Flag on Education Moment by rakslice · · Score: 1

    Also before anybody points it out, I think it's fair to call a polite letter from the DOJ requesting co-operation "enforcing the law" -- because everybody knows what's next if they don't play ball.

  51. Re:ugh by nobuddy · · Score: 1

    Well, at least you are willing to own up to your utter stupidity by name.

    You either think that Obama was in office in 1990, or have no idea how time works.

  52. Absolutely idiotic by Trogre · · Score: 1

    If at all, this should only affect new content.

    There's no way this should apply to stuff that's already there.

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  53. Re:ugh by Anonymous Coward · · Score: 1

    Bush II wasn't even the President until 2000...

  54. Unintended consequences by JustAnotherOldGuy · · Score: 2, Informative

    A perfect example of the Law of Unintended Consequences.

    Millions will lose access to valuable content, and it's unlikely that any of the people who couldn't access the content would agree that this is the right thing to do. If you're hearing impaired do you really want to screw over millions of people who aren't just because you can't access something? I doubt it.

    Skip building a single F-35 and you could could pay a team of 1000 people to do whatever it takes to make the content accessible to people with disabilities, but noooooooooo, we gotta have that fucking airplane.

    The government should pay for to make it accessible (or at least help) since they were the ones that decreed it had to be accessible. But again, noooooooo, we gotta build that fucking wall or give tax breaks to millionaires or train 10,000 extra ICE agents to round up families and deport them (at our expense, of course).

    Our priorities are fucking stupid.

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:Unintended consequences by Mal-2 · · Score: 1

      If you're hearing impaired do you really want to screw over millions of people who aren't just because you can't access something? I doubt it.

      I've encountered people with exactly this attitude. "If you don't make it in a form I can consume, then you can't make it at all." It doesn't matter if it's free, and transcription would cost the creator money. It doesn't matter if it's music without lyrics, they want it fully described. (Frank Zappa famously said "talking about music is like dancing about architecture".) It led to a rather bitter exchange on Quora which eventually led to me picking up "content warnings" for stuff that had been there for months, because the Deafie went through all my old posts and flagged anything that could be considered even mildly disrespectful or in poor taste. That, and similar incidents leading to the suspension and banning of top posters, led me to walk away.

      So yes, there really are people who would prefer to deny content to the world just because they can't have it themselves.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
  55. Re:ugh by JustAnotherOldGuy · · Score: 1

    Deafies shouldn't be allowed to ruin good things like this for everyone else.

    Found the Trump supporter.

    --
    Just cruising through this digital world at 33 1/3 rpm...
  56. Re:ugh by BlueStrat · · Score: 1, Insightful

    What you're advocating is that the government ignore the law and do what is effectively legislating from the bench.

    No.

    I'm saying the government should not be making so many laws covering so many things, so that similarly-stupid scenarios/occurrences are not so common. That government that governs least, governs best, and government that is closest to those people whose laws they affect, governs most equitably.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  57. Re:The New Normal DON'T BLAME PEOPLE IN NEED by Tablizer · · Score: 3, Insightful

    should be converted by the teaching assistants or student staff. Its just an example of a Liberal School not wanting to help people in need.

    Hold on a sec. Maybe eventually they'll find volunteers or resources to assist in the conversion. In the shorter term they don't want to be sued so they are taking it down.

    Our org is facing a similar issue. We publish older statistics for the public, but due to ADA-related issues, we are planning on pulling it off our site, instead adding a contact number for those wanting copies.

    I do agree that ADA needs some practical adjustments, though. We don't need to throw the baby out with the bath-water. ADA has helped a lot of injured veterans.

  58. Re:ugh by serviscope_minor · · Score: 1

    It's odd that the right wing has the reputation for personal responsibility, because my experience is the opposite. A bunch of right wingers voted for it and a right wing president voted for it, but blame, blame, blame everyone else. Never every admit to any responsibility.

    --
    SJW n. One who posts facts.
  59. Normally we would have fixed stuff like this by rsilvergun · · Score: 4, Insightful

    if half the bloody electorate wasn't working hard to make sure government didn't work because it's so convinced government doesn't work. Seriously, this is what happens when you put people in charge who are doing everything they can to hamstring the basic functionality of government (and no, Obama is not, was not and never will be 'in charge'. He had a few months with a congress full of DINOs).

    You elect people who want to tear down the government and the complain it's been torn down. Sheesh!

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Normally we would have fixed stuff like this by haruchai · · Score: 1

      "if half the bloody electorate wasn't working hard to make sure government didn't work because it's so convinced government doesn't work:

      Parent can't be modded up enough

      --
      Pain is merely failure leaving the body
    2. Re:Normally we would have fixed stuff like this by BlueStrat · · Score: 2

      if half the bloody electorate wasn't working hard to make sure government didn't work because it's so convinced government doesn't work.

      Put aside the partisanship for a second and realize it *does not matter* which party is in power. The problem has nothing to do with whether the person in the WH has a (D) or an (R) after their name, nor those in Congress.

      It's the problem with any huge bureaucracy be it government or private-sector; ineptness, ham-handedness, stupidity, laziness, corruption, incompetence, etc etc. Those and more are endemic to huge, bloated bureaucracies and are some of the reasons behind wanting to limit the size and scope of the Federal government.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  60. Easy way to fix this by rsilvergun · · Score: 1

    a. The content is valuable to the public.

    b. We don't want people with disabilities excluded from society.

    c. We properly fund public education so that the material can be made accessible to them.

    Seriously. In all the talk about how awful it is this content will get pulled nobody once noticed the reason: The law was written with the assumption that we properly fund education in a country where we've been cutting that funding for 40 years. Hell, the right have a name for this: Starve the Beast. But ya know, I like some Beasts. Like my dog that scares off thieves.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Easy way to fix this by Goldsmith · · Score: 3, Informative

      UC Berkeley received $370 Million in federal grants (research dollars) last year. Of that $370 Million, $210.9 Million of those "research" dollars went to administrative costs and overhead (non-research, non-teaching activities). You're talking about an organization where people have an average salary above $200k with a guaranteed job for life. Don't cry for the universities, they're funded just fine. If they wanted to, they could have paid to do this right.

    2. Re:Easy way to fix this by moeinvt · · Score: 1

      "The law was written with the assumption that we properly fund education in a country where we've been cutting that funding for 40 years."

      That claim is so totally absurd that I'm not even going to ask you to cite whatever bullshit source you used as a basis for that statement.

      In constant dollar terms, total spending on education in the USA (fed + state + local) has increased from $356 billion in 1976 to over $938 billion in 2016.

      http://www.usgovernmentspendin...

      Another source with line charts in nominal $$$ shows the same trend:

      https://nces.ed.gov/fastfacts/...

    3. Re:Easy way to fix this by sabbede · · Score: 1

      Those are reasons to fix it, not how to do so. There's only one fix, and it is for Congress to strike the provision of the ADA that requires online college materials to comply. That won't fly. There will be members of congress screaming about how it's a cruel move to deny the disabled access to online educational content.

  61. Re:Liberals -- explain yourselves by luis_a_espinal · · Score: 1

    Thank you for proving that the Bushes were not conservatives, but actually liberals.

    With an axiomatic statement like that, there is no fucking way to respond to it.

    But I'll try. See, the political center has gone so fucking to the right that Reagan would be considered a commie by today's standards. That is why only stupid people use labels like "liberal" or "conservative" in absolute terms.

    So... don't be stupid. Leave the dogma aside, travel the country and the world and talk to people with views different from yours, be them to your left and right.

    You'll find your dogma to be quite narrow-minded in short order.

  62. The term for this is by Jodka · · Score: 3, Insightful

    Crab mentality- "If I can't have it, neither can you."

    --
    Ceci n'est pas une signature.
  63. Libraries anyone? by nanter · · Score: 1

    Unintended consequences, eh.

    Seems like this would apply to libraries as well - all books that don't have an equivalent "accessible" version would be in violation of the ADA.

  64. Re:ugh by Anonymous Coward · · Score: 1, Informative

    The opponents of the law pointed out things exactly like this would happen and were told that was nonsense.

  65. Re:ugh by Anonymous Coward · · Score: 2, Funny

    something bad happened, a republican must be at fault somehow.

  66. Pure Harrison Bergeron by Beeftopia · · Score: 2

    From "Harrison Bergeron", by Kurt Vonnegut:

    "In the year 2081, amendments to the Constitution dictate that all Americans are fully equal and not allowed to be smarter, better-looking, or more physically able than anyone else. The Handicapper General's agents enforce the equality laws, forcing citizens to wear "handicaps": masks for those who are too beautiful, radios inside the ears of intelligent people, and heavy weights for the strong or athletic.

    One April, 14-year-old Harrison Bergeron, an intelligent and athletic teenager, is taken away from his parents, George and Hazel Bergeron, by the government. They are barely aware of the tragedy, as Hazel has "average" intelligence (a euphemism for stupidity), and George has a handicap radio installed by the government to regulate his above-average intelligence.

    Hazel and George watch ballet on television. They comment on the dancers, who are weighed down to counteract their gracefulness and masked to hide their attractiveness. George's thoughts are continually interrupted by the different noises emitted by his handicap radio, which piques Hazel's curiosity and imagination regarding handicaps. Noticing his exhaustion, Hazel urges George to lie down and rest his "handicap bag", 47 pounds (21 kg) of weights locked around George's neck. She suggests taking a few of the weights out of the bag, but George resists, aware of the illegality of such an action...."

    https://en.wikipedia.org/wiki/Harrison_Bergeron

  67. Re:Liberals -- explain yourselves by Nethemas+the+Great · · Score: 2

    I find the intentions of the ADA to generally be a good thing. I really doubt keeping free educational material out of the hands of the public was the intention of the authorship. However, as with anything done by the Congress critters I doubt all the angles were considered and exceptions for freebies being one of them. For what ever reason it seems the Gallaudet people had a chip on their shoulder and as a consequence ruined it for everyone.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  68. Re:Bezerkely strikes again. by Nethemas+the+Great · · Score: 1

    They rejected your application did they?

    --
    Two of my imaginary friends reproduced once ... with negative results.
  69. Problem is NOT the ADA by aaronb1138 · · Score: 4, Insightful

    It's ridiculous the people trying to pawn the problem off on the ADA, politics, politicians, or the deaf people complaining. The problem is that universities jumped on this bandwagon of minimal effort, low production, record the classroom with a webcam bullshit as a means of advertising and it is biting them in the ass. Realize that universities aren't putting content online out of altruism, but as part of advertising and brand building.

    All of that said, it's even more retarded bullshit that a university is going to pull the content when a cheap scalable solution exists: automated closed captioning and OCR of projector / blackboard material, which can then produce output for braille. There is a solution and it is cheap, why is this even a discussion? Will the output be buggy, sure, but in the intervening time before grad students can be enslaved to tweak transcriptions, it's workable.

    On the other side of things, the universities know their legal requirements, and they already know from experiments like The Feynman Lectures on Physics to know that transcription is a huge chore. Easy fix: put the prof's notes online with the lecture.

    1. Re:Problem is NOT the ADA by Raenex · · Score: 2

      It's ridiculous the people trying to pawn the problem off on the ADA, politics, politicians, or the deaf people complaining.

      What's ridiculous is assigning the blame to anybody else. It's an enormous expense to benefit the few, or in many cases, zero when no person with disabilities even uses the resource.

      What would have been sane would be for the deaf person to ask her school to pay for a transcription, and then make that transcription available back to Berkeley. But nooo, the politicians just legislate everybody has to go through upfront expenses and effort, because it's not them doing the work. So now something that was useful to an enormous number of the public will be squirreled away, because public universities like Berkeley are already facing budget shortfalls.

      Then toss in the special snowflakes who demand their own, premium, "safe spaces", riot and cause property damage when somebody they don't agree with is invited to speak on campus, and always more demands for lower tuition while increasing "social justice" programs and diversity hires, etc. And then people wonder why colleges is so expensive.

  70. Re: ugh by Anonymous Coward · · Score: 1

    No, they're not fags. They're limp wristed asexuals. Too "Y chromosoney" to have a vagina, and too belittled, broken, and neutered to be worthy of a penis. Asexual, worse than eunuchs. Fags at least can, typically, get it up and be sexual. But Berzerkley types? Not a chance.

  71. Re:The New Normal DON'T BLAME PEOPLE IN NEED by Tablizer · · Score: 1

    saved millions wasted on ADA compliance...if we simply paid businesses for serving these veterans in person.

    It's not just veterans. There are people born with disabilities, and also the elderly, being our senses often dim as we age. (I myself am not fond of the dim gray fonts the young whipper-snappers have been using of late on sites.)

    But the economic trade-offs are certainly worth a closer look. Some solid objective studies would be nice. As I said earlier, the law probably should be tuned for practicality. It would be knee-jerk just to end them completely without careful consideration.

    Many organizations put fashion and eye-candy ahead of accessibility. Unless they are in the fashion or art business, it wouldn't kill them to select readability over gimmicks.

  72. I'm reminded of Trees by Rush by bsdaddict · · Score: 2

    So the Maples formed a Union
    And demanded equal rights
    ‘The Oaks are just too greedy
    We will make them give us light
    Now there’s no more Oak oppression
    For they passed a noble law
    And the trees are all kept equal
    By hatchet,
    Axe,
    And saw

  73. Re: ugh by Anonymous Coward · · Score: 2, Insightful

    At least this action is in full compliance with the "Americans With Stupidity Act".

  74. You actually can't do this. by tlambert · · Score: 2

    No longer UC's property, no longer UC's problem. And still available to whoever may wish to view it.

    You actually can't do this.

    Trying to put something in the public domain to get out from under legal liability is the reason things like the MIT and BSD license exist: in order to attach a hold harmless clause, you have to assert Copyright, such that the only terms on which the content may be legally used is via agreement to the terms of the license.

    It's unfortunate that there is not a blanket hold harmless exception for works placed in the public domain, but there's none. It's very difficult to make something actually public domain, these days.

  75. Re: ugh by Anonymous Coward · · Score: 1

    No sir we do not. You are wrong. SAD!

  76. Automated transcription? by Kergan · · Score: 1

    Aren't voice APIs good enough nowadays to automate transcriptions?

  77. Re:ugh by bazorg · · Score: 1

    Bureaucratic Messes are usually related to poorly written laws.
    Or laws that did not anticipate the future.

    Well, that's why normally you don't make laws with retroactive effect. In this case, new materials would require adaptations for those who are not 100% able to use the course material, and the materials that already exist would remain unchanged.

    To me this looks like theuniversity decided they've had enough of the Freemium model and decided to paywall their content. The law might be a good excuse, and they might rely on people not reading the fine print, or in my case, RTFA, to see if it is indeed a good justification.

  78. Re: Liberals -- explain yourselves by luis_a_espinal · · Score: 1

    I thought of an elegant retort, but I think it's best if you were simply told to get raped with a fire poker.

    Feel free to include me in your repressed sexual fantasies if that makes you feel like a winner. I won't be the one standing between a wretch and happiness.

  79. It's got nothing to do with partisanship by rsilvergun · · Score: 2

    It's this. Yes, it does matter which party is in power. Studies have shown the economy does better under the Democrats. Again, it's not because they're Dems, it's because they're actively trying to govern instead of burning the whole place down.

    And again, you're side stepping the issue I raised. Yes, large organizations (notice how I'm not using the loaded term "bureaucracy" like you did?) will have problems. But without them we wouldn't have gotten to the moon or had the bloody Internet you're posting on. More to the point (hey, I used that phrase correctly!) we can fix those problems if we try (as opposed to throwing our hands up like children and declaring it too hard/impossible).

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:It's got nothing to do with partisanship by BlueStrat · · Score: 1

      Yes, large organizations (notice how I'm not using the loaded term "bureaucracy" like you did?) will have problems.

      They are problems of basic human nature when in large organizations.

      More to the point (hey, I used that phrase correctly!) we can fix those problems if we try (as opposed to throwing our hands up like children and declaring it too hard/impossible).

      Oh, really? You have a "fix" for properties of basic human nature and how to change them as desired? I suppose you might try CRISPR but you'll have few volunteers.

      People! People are why we can't have nice things, like a large, powerful central government that always acts benevolently and in the best interests of the people and not to increase it's own power and scope. Because people. There are no laws, Acts, regulations, police, courts, or armies that can stop people from being people, especially when you give those people power over others and the legislative/regulatory, judicial, and enforcement systems.

      But without them we wouldn't have gotten to the moon or had the bloody Internet you're posting on.

      Those things were done mostly by (or under the direction of) the US military by private corporations and universities.

      Look, it's not all black-and-white. There are necessary and proper amounts and types of central government regulation, legislation, etc, but what the US has now passed "insane" quite a few exits back. It's simply not sustainable.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  80. They're just too stark raving mad out there. by sethstorm · · Score: 1

    Why would I want to attend a university (much less be in a state) that legitimizes assault on anyone that doesn't toe the Party line (both conservatives and not)?

    I'll let other people be railroaded by Title IX and be indoctrinated in INGSOCJUS.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:They're just too stark raving mad out there. by Nethemas+the+Great · · Score: 1

      So... yes?

      --
      Two of my imaginary friends reproduced once ... with negative results.
  81. Re: ugh by orlanz · · Score: 1

    Mod parent up please. This is exactly how it sounds. They wanted to go paywall and found a good sugar coating so the general public can swallow that pill.

  82. Re:Liberals -- explain yourselves by sabbede · · Score: 1
    No, you're missing the funny part entirely.

    This is Ultra Liberal UC Berkeley being utterly hypocritical on one hand, while making a common complaint of the Right on the other. UCB cares so much about everybody and their rights, but here they are saying, "screw the disabled". Why? Because the cost of complying with government regulation is too high.

  83. Putting my lawyer hat on by sonamchauhan · · Score: 1

    From US DoJ letter :
    "Title II mandates that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. "

    UC Berkeley plans to remove some content that is properly closed-captioned and accessible. This is in response to the complaint about related, inaccessible content.

    Legally speaking, isn't this denial of services by reason of disability? Especially if removal is so onerous it'll take months to execute?

    I think UCB should step back and rethink. Take the DoJ letter for what it is -- a lawyer's note, not a judge's ruling. A hasty response to its more strident points (i.e. pay compensation to the two complainants) is likely to get UCB into more trouble, not less.

  84. Re:False Flag on Education Moment by sabbede · · Score: 1

    If it's a Republican victory, it's because the most liberal campus in the nation is complaining about the costs of complying with government regulations. So now the GOP can say, "See? This is what we've been talking about. Now you know how it feels to get burdened with well intentioned but exorbitantly expensive regulations. Maybe keep that in mind next time you get a bug up your asses about regulating something."

  85. Re:ugh by Rockoon · · Score: 1

    I see that you have been using automated transcription.

    --
    "His name was James Damore."
  86. Re:ugh by mrclevesque · · Score: 1

    or a democrat depending on your inclination, gotta love that intellectual sloth

  87. 17 USC 121 by tepples · · Score: 4, Informative

    The relevant statute is Title 17, United States Code, Section 121: Limitations on exclusive rights: Reproduction for blind or other people with disabilities. It begins as follows:

    Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities.

  88. Re:Next: Youtube by Sigma+7 · · Score: 1

    If there are no subtitles (music videos included)

    Pretty sure it shouldn't be too hard to automatically determine which notes are playing at a given time.

    You can put that in subtitles, or just show which notes are being hit, allowing deaf people to see what's going on.

  89. Mirror Mirror on the wall by ElizabethGreene · · Score: 1

    Has anyone made a mirror/torrent of the content yet? If so, reply with a link and I'll seed it.

  90. open your eyes is not the 1st school that gets hit by serverleader209 · · Score: 1

    looks like it's been happening around the country but with smaller schools https://www.justice.gov/opa/pr...

  91. Boycott The Universities by BrendaEM · · Score: 1

    Bullshit, just bullshit. They could just put them on youtube, and someone could learn something.

    Instead those in charge need a real education.

    --
    https://www.youtube.com/c/BrendaEM
  92. Re:ugh by serviscope_minor · · Score: 1

    goddam phone.

    Yes, anyway, what you said is not what you claim you said.

    --
    SJW n. One who posts facts.
  93. Re:Bezerkely strikes again. by sabbede · · Score: 1

    The Americans with Disabilities Act? That fascist, right-wing nonsense about ensuring accessibility for people with disabilities? Oh, how horrible!

  94. Re:ugh by ImprovOmega · · Score: 2

    1998 was Clinton dude.

  95. Re:ugh by wallsg · · Score: 1

    This is not because of a complaint, it's because of the government's response, which should have consisted of a bureaucratically-worded version of "...and?...so what, it's free?" instead of the present myopic, pigeon-holing, thinking-strictly-within-the-box, easily-predictable, and all-too-typical bureaucratic mess of unintended consequences whenever big government gets involved.

    Strat

    Why would the government contradict its own position? Note below that this was the 1996 position of the "The Office of Civil Rights of the United States Department of Education".

    Being an old man, I remember exactly this sort of thing being warned about literally (correct use of the word) 20 years ago when the movement began to make web content ADA compliant. (Now let's see... Who was the President in 1996 again?)

    Here's a 1998 article I quickly found "Is Your Site ADA-Compliant... or a Lawsuit-in-Waiting?". It has these couple of sections:

    According to the United States Justice Department, the ADA also applies to the cyberspace “world.” In an opinion letter dated September 9, 1996, The U.S. Department of Justice stated that:

    “Covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through print media, audio media, or computerized media such as the Internet. Covered entities that use the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well.”

    and

    When members of the public who have a disability attempt to access a Web site, they are therefore entitled to equal access as are any other members of the public. But what exactly is “effective communication”? According to a 1996 settlement letter from The Office of Civil Rights of the United States Department of Education (OCR):

    [T]he issue is not whether the [person] with the disability is merely provided access, but the issue is rather the extent to which the communication is actually as effective as that provided to others.

  96. More Government? by MedBob · · Score: 1

    This is why we can't have nice things.

  97. Re:Baloney. This is entirely on the Dems. by david_thornley · · Score: 1

    Democrats controlled both houses of Congress both when the original ADA was passed in 1990 and when it was amended in 2008.

    And in both those years the President was a Republican named Bush, and I don't remember the Democrats as having enough votes to override a veto. IIRC, these were stand-alone bills, not something the President was obligated to sign as a rider on an important appropriations bill or something like that.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  98. Re:How Does This Solve Their "Problem"? by donutz · · Score: 1

    > It isn't that it is too expensive to do the captioning, but rather that it is too expensive to do it without compensation.

    I don't think this comment is as insightful as some think it is, but maybe that's just me.

  99. Audiovisual works != literary works by tepples · · Score: 1

    UC Berkeley is taking down videos, which are "audiovisual works", not books, which are "literary works". This particular exception to copyright applies only to literary works, not to audiovisual works.

  100. On PACS 164A: Introduction to Nonviolence 2006 by Paul+Fernhout · · Score: 1

    I had not known these existed. I picked one to make local copies as a token gesture using keepvid.com:
    "Peace and Conflict Studies 164A - Fall 2006 (Michael N. Nagler)"
    https://www.youtube.com/view_p...
    "PACS 164A: Introduction to Nonviolence - Fall 2006. An introduction to the science of nonviolence, mainly as seen through the life and work of Mahatma Gandhi. Historical overview of nonviolence East and the West up to the American Civil Rights movement and Martin Luther King, Jr., with emphasis on the ideal of principled nonviolence and the reality of mixed or strategic nonviolence in practice, especially as applied to problems of social justice and defense."

    For some reason lecture #16 is marked private, so can't get that.

    Dr. Nagler talks in the first lecture about Kenneth E. Boulding and "The Three Faces of Power" as ways to get something done:
    * threat power
    * exchange power
    * integrative power (the core of principled nonviolence as he sees it)

    See here (until March 14th): https://www.youtube.com/watch?...

    Those three faces of power also overlap with the five types of economic transactions (subsistence, gift, exchange, planned, and theft) I outline on my site.

    It's unfortunate that the plaintiffs and DOJ here seemed to used "threat power" instead of focusing on building better relationships for mutual benefit through "integrative power" to both fix the specific problem and have a beneficial effect on the whole educational ecosystem.

    See also my point here as regards UCB now putting stuff behind what presumably may be a paywall again requiring registration:
    http://www.pdfernhout.net/open...
    "Foundations, other grantmaking agencies handling public tax-exempt dollars, and charitable donors need to consider the implications for their grantmaking or donation policies if they use a now obsolete charitable model of subsidizing proprietary publishing and proprietary research. In order to improve the effectiveness and collaborativeness of the non-profit sector overall, it is suggested these grantmaking organizations and donors move to requiring grantees to make any resulting copyrighted digital materials freely available on the internet, including free licenses granting the right for others to make and redistribute new derivative works without further permission. It is also suggested patents resulting from charitably subsidized research research also be made freely available for general use. The alternative of allowing charitable dollars to result in proprietary copyrights and proprietary patents is corrupting the non-profit sector as it results in a conflict of interest between a non-profit's primary mission of helping humanity through freely sharing knowledge (made possible at little cost by the internet) and a desire to maximize short term revenues through charging licensing fees for access to patents and copyrights. In essence, with the change of publishing and communication economics made possible by the wide spread use of the internet, tax-exempt non-profits have become, perhaps unwittingly, caught up in a new form of "self-dealing", and it is up to donors and grantmakers (and eventually lawmakers) to prevent this by requiring free licensing of results as a condition of their grants and donations."

    Glad to see more substantial efforts going on as mentioned in another comment.

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  101. Right, there are problems by rsilvergun · · Score: 1

    but they can be solved. Voting can be both anonymous and mandatory ensuring 100% turnout without it becoming an oppressive census. Parliaments can eliminate the issues with a two party system. Education can create an electorate that's capable of being well informed. True, good government is hard work but even before that it requires a willingness to do so.

    And make no mistake, you _will_ have a powerful central government. They're just too useful. If you don't form one and participate in it then somebody else will; usually to your detriment...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  102. Re:ugh by Rakarra · · Score: 1

    This is not because of the government, this is due to a complaint:
    "The Department opened its investigation of UC Berkeley based on a complaint"

    A complaint means nothing. People complain all the time, about everything.
    What comes of it is government power that is in response to the complaint.

  103. Re: ugh by Rakarra · · Score: 1

    Because I don't know if they are gay. What I do know is that they are spineless, like most people who live in the San Francisco bay area.

    Yeah, those spineless types, always bucking the trends of larger society!

  104. It was staff at Gallaudet University who sued by gotan · · Score: 1

    http://reason.com/blog/2017/03/07/berkeley-deletes-200000-free-online-vide

    Gallaudet University is a school for the deaf. They (Glenn Lockhart and Stacy Nowak) wanted to use the content for their coursework, but couldn't use it as is, so instead of providing closed captioning themselves or work something out for the specific material they were interested in they decided to sue Berkeley.

    Sadly this is not made clear in the submissions to slashdot, so speculations run amok about ambulance chasing attorneys and some deaf students suing.

    I hope Glenn and Stacy are happy with their result.

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks