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20,000 Worldclass University Lectures Made Illegal, So We Irrevocably Mirrored Them (lbry.io)

An anonymous reader shares an article: Today, the University of California at Berkeley has deleted 20,000 college lectures from its YouTube channel. Berkeley removed the videos because of a lawsuit brought by two students from another university under the Americans with Disabilities Act. We copied all 20,000 and are making them permanently available for free via LBRY. Is this legal? Almost certainly. The vast majority of the lectures are licensed under a Creative Commons license that allows attributed, non-commercial redistribution. The price for this content has been set to free and all LBRY metadata attributes it to UC Berkeley. Additionally, we believe that this content is legal under the First Amendment.

86 of 555 comments (clear)

  1. Berkley didn't do this to be jerks by Anonymous Coward · · Score: 5, Informative

    It was going to cost a ton of time and money to get all the material ADA compliant, and they would have continued to be in violation the entire time they were working toward that. So they did the only thing they could, and removed everything.

    1. Re:Berkley didn't do this to be jerks by SumDog · · Score: 4, Insightful

      I want to know the dialogue between the students that filed the suit and the university. I they could have been granted some kind of continuance, they could have started a program to find volunteers to close caption them. This is pretty sad. Even though the videos are mirrored, all the old links are now dead .. lots of blank screens for anyone who embeded them or cited them on other websites.

    2. Re:Berkley didn't do this to be jerks by JaredOfEuropa · · Score: 4, Interesting

      That doesn't work all that well, especially on videos with a lot of specialist jargon in it. Like university lectures.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    3. Re:Berkley didn't do this to be jerks by Jeremi · · Score: 5, Insightful

      It was going to cost a ton of time and money to get all the material ADA compliant, and they would have continued to be in violation the entire time they were working toward that. So they did the only thing they could, and removed everything.

      I don't know about the legal issues, but from a common-sense perspective it would make more sense for the captioning to be performed on-demand on a per-video basis; i.e. if a disabled student needs access to a particular video, he/she can request that it be captioned. The captioning is then added to that video and made available to everyone.

      That way the ADA students get the captioning they need, and everyone else gets the benefit of the videos as well; plus the captioners don't spend a lot of their limited time captioning video that nobody will actually use the captions of; rather they spend their time captioning videos that actually need captioning sooner rather than later.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    4. Re:Berkley didn't do this to be jerks by quetwo · · Score: 2

      The problem was that the closed-captioning on YouTube was really, really poor. Less than 40% accuracy (due to some of the technical nature of the captioning). That isn't good enough for somebody who depends on the captioning to use the content.

    5. Re:Berkley didn't do this to be jerks by Platinumrat · · Score: 4, Insightful

      The issue I see with this, is not so much that the existing lectures were removed, because they've been saved elsewhere. It's that there will now be no new content released in this fashion. So everyone loses out on future changes to course content.

    6. Re:Berkley didn't do this to be jerks by Grishnakh · · Score: 5, Informative

      That's *exactly* the way it works.

      The problem here is that this lawsuit wasn't brought by "ADA students" (implying students of this university), it was brought by a couple of asshats who don't even attend this university!! The university was trying to be helpful by making this material available for free for everyone in the world, not just students who've paid tuition. But they were ruled to be out of compliance with ADA because they didn't also spend a ton of money doing high-quality transcription for all the freeloaders.

      As the old saying goes, "no good deed goes unpunished".

    7. Re:Berkley didn't do this to be jerks by i.r.id10t · · Score: 2

      Or, new content will be created with transcription in mind and as part of the process.

      --
      Don't blame me, I voted for Kodos
    8. Re:Berkley didn't do this to be jerks by Solandri · · Score: 2

      That way the ADA students get the captioning they need

      That right there is the problem. The University posted the videos for free, so they should have no liability nor responsibility for captioning the videos. If these are two ADA students browsing the web in their free time, then tough, some stuff online simply isn't ADA-compliant.

      But if these ADA students needed to view these videos - e.g. someone else required these ADA students to view the videos for a paid online course - then they should be the ones responsible for paying to close-caption the required videos.

      So either these ADA students didn't need to view the videos, or they did and we're putting the burden of providing closed-captioning on the wrong entity.

    9. Re:Berkley didn't do this to be jerks by Anonymous Coward · · Score: 2, Interesting

      We don't know if it was students. It's entirely possible actual students didn't care because they were adequately catered for - e.g., deaf people literally being in the lecture theater with a live, in person, spoken-English-to-Sign translator.

      It's possible no student cared as they were all attending the in-person actual lectures instead.

    10. Re:Berkley didn't do this to be jerks by SDLeary · · Score: 2

      And also for the record, the materiel isn't gone. It has been moved back into the Universities network, and is available to students and faculty, so not completely lost. SDLeary

    11. Re:Berkley didn't do this to be jerks by Attila+Dimedici · · Score: 4, Interesting

      It is worse than that, a professor at another university (a private one which specifically targets deaf students) wanted to use some of these videos in their class. They wanted the University of California (and therefore California taxpayers) to shoulder the burden of making these videos usable by their students, rather than having their own university pay the cost.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    12. Re:Berkley didn't do this to be jerks by bluefoxlucid · · Score: 2

      Pretty much a few people are inconvenienced, so the resolution is to make it worse for everybody.

      I can't afford a Tesla, so we should ban electric cars because they're too expensive and it's not fair to poor people.

    13. Re:Berkley didn't do this to be jerks by rogoshen1 · · Score: 2

      Thus is the way of the SJW. Equality of outcome not opportunity is the end-game.

  2. Background on why videos deleted/Closed Captioning by mykepredko · · Score: 4, Informative

    http://reason.com/blog/2017/03...

    Maybe there's an opportunity for an app which crowd sources the transcription of videos without closed captioning? Maybe get the students at Gallaudet University to pitch in (sorry, I couldn't resist).

  3. In a perfect world by Artem+S.+Tashkinov · · Score: 3, Insightful

    missing annotations are not the reason to put information down because certain people cannot properly digest it. While their situation is unfortunate, it's not an excuse to deprive 99.99% of other people of this knowledge.

    1. Re:In a perfect world by TsuruchiBrian · · Score: 5, Insightful

      I think what is "the right thing to do" is debatable. Maybe instead of making music, Beyonce should first be working on ensuring that medical breakthroughs cure deafness so *everyone* can enjoy her music, and not just those who can hear. If we made listening to music contingent on deafness being cured, there would be a lot more pressure to have it cured. Until we do that, there will never be the same amount of leverage to cure deafness in general.

      I don't think using tax money to help increase for disabled people is unreasonable. I think preventing access to education for everyone until everyone can have equal access is unreasonable. Yes you get leverage from this, but I don't think this leverage is worth the cost it imposes.

    2. Re:In a perfect world by lgw · · Score: 3, Funny

      These weren't Berkeley students. This wasn't any sort of required material for any course. This was a free offering for interested parties. Are you seriously claiming that making it unavailable for everyone is better then having it available for almost everyone?

      Sorry, but no right includes compelling others to be your slave. If they were Berkeley students and this was course material, then the ADA would make sense - a business should provide reasonable accommodations to its customers as a cost of doing business. But that's not what this is.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  4. Re:why should i care?` by Anonymous Coward · · Score: 5, Insightful

    The students sued because the lectures were not available in a suitable format to meet the requirements of the ADA. The university had two choices - spend all kinds of money to make them available meeting the requirements of the ADA, or take them down. The law of unintended consequences at work. The ADA is a good thing, until you go ape shit with it.

  5. deaf assholes by TimMD909 · · Score: 5, Insightful

    Two assholes ruined it for everyone else... great. Forget that there's technology to automatically add subtitles. No, we must fuck over everyone. At least the two snake bastards won't be able to hear anyone sneaking up on them to enact revenge...

    1. Re:deaf assholes by SumDog · · Score: 2

      To be fair, the auto-subtitle tech is terrible.

      I often type up transcripts and attach them to my videos. YouTube does have a tool that's very good at aligning up transcripts and assigning time codes.

  6. Re:Background on why videos deleted/Closed Caption by Nethemas+the+Great · · Score: 2

    Dear Gallaudet University,

    Haha.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  7. Re:why should i care?` by frovingslosh · · Score: 5, Insightful

    Two handicapped snowflakes sue the university because the videos didn't have closed captioning in them and therefore they discriminated against the handicapped. The university look at what it would cost to add captioning to what they were giving away for free and decided it wasn't worth it. So if the handicapped don't get it, you can't have it either. No surprise here, this was an anticipated resulted when the Americans With Disabilities act was passed. Makes about as much sense as forcing the government to built expensive wheelchair ramps on buildings in a national park that can only be reached by hiking trails.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  8. Re:why should i care?` by Desler · · Score: 2

    But you could get almost any defendant to claim that any alleged deficiencies falling under the ADA "are going apeshit with it".

  9. Re:Background on why videos deleted/Closed Caption by _xeno_ · · Score: 2

    I doubt it. Ever try to caption a video? It's a slow, annoying process. The automated stuff generally doesn't work that well so you have to carefully go through and fix errors and it's a giant pain in the ass. You then have to watch the entire thing to make sure that the caption timing is correct and that you've made it clear who is speaking when. For extra credit, try and make sure captions don't cover important parts of the video.

    The problem with crowd sourcing is that you'd have to give a reason for people to bother doing it. The people who even can do it by definition don't need it. It's slow, it's boring, and it's annoying.

    There's a reason it's so expensive to do, and that the government is forcing people to do it. Without government coercion, no one would bother.

    --
    You are in a maze of twisty little relative jumps, all alike.
  10. America is killing itself with regs. by WindBourne · · Score: 2, Interesting

    Regs like this is absolutely KILLING us and not doing what it is supposed to.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:America is killing itself with regs. by hambone142 · · Score: 4, Interesting

      At the local municipal park, there is a baseball diamond that has been there for about 50 years for kids to play at.

      Some gun in a wheel chair all of the sudden sued the city because it isn't ADA compliant for some reason. I checked out the place and it's right off of the road, level ground and has a sidewalk going to the bleachers. I'm not sure what he's bitching about. The city's solution is to tear down the baseball field.

      In the same city, (Lincoln, California) there is a terracotta factory that's been there since the late 1800's. Some ADA dweeb sued the company so it's not accessible to anyone for a tour anymore.

      In two cases, single people have eliminated access by thousands of people simply because they claim the places aren't ADA compliant. If I were in a wheel chair, I could certainly be able to access both places but they technically don't meet ADA standards.

      We also have a Sacramento attorney that likes to visit places in remote areas of the county and threaten to sue them for ADA violations. Oh,, he will drop the lawsuit if they pay him "damages" and he'll go away. Ironically, two of his employees are now suing him for sexual harassment.

      People like this ruin good places for thousands of people. Many of the ones I've seen out here are extorting money.

      It's a good idea gone bad.

  11. LBRY:// ??? by david.emery · · Score: 2

    Huh? Not recognized by my browser.

  12. Re:Define "We", please by TangoMargarine · · Score: 4, Interesting

    And for anyone who wonders what the hell "LBRY" is:

    What’s with the name LBRY?
    The very first question of newcomers is often, “How do you pronounce it?” Answer: library.

    “Is it an acronym?” No.

    “Then why confuse people with the all-caps and no vowels?”

    First and foremost, LBRY is an internet protocol, just like HTTP. Content on LBRY is served to users via “LBRY names,” which look like this: lbry://itsawonderfullife. Very similar to the URL you type into your internet browser. LBRY is not just our branded name, but the character string we’ve chosen to lead our URIs (Uniform Resource Identifier).

    It also serves as a truncated form of “library,” which reflects our mission: every film, song, book, and app ever made – available anywhere. Our vision for LBRY is to create a massive media repository for the 21st century that is built on a decentralized network controlled by its users. LBRY is to a traditional library what Amazon is to a department store.

    Is it an odd name? Perhaps. But we would kindly point to the success of brands like Hulu, Yahoo!, Etsy, Skype, Tumblr, and Zillow. In the end, a good company with a strong user base will be remembered regardless of its name. And a company with a brand as straightforward as Pets.com can still fail.

    LBRY is working well as a brand so far. SEO is a top consideration for startup branding, and LBRY already dominates the search results for our brand name.

    So apparently it's a protocol like torrents or something?

    So We Irrevocably Mirrored Them

    And how is this "irrevocable"? Somebody needs to do a lot more explaining about this LBRY thing instead of just namedropping it and expecting people to know what they're talking about.

    --
    Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  13. Re:why should i care?` by 93+Escort+Wagon · · Score: 4, Interesting

    The university had two choices - spend all kinds of money to make them available meeting the requirements of the ADA, or take them down. The law of unintended consequences at work.

    I think part of the problem is the model under which these videos have been released.

    Here at the University of Washington, if a registered student needs special accommodation to access materials for a particular (traditional) course, the university pays the cost for that - transcription, closed captioning, whatever. I would imagine Berkeley does the same, for traditional courses. But these videos were released under a program which doesn't seem to have any sort of underlying funding support.

    --
    #DeleteChrome
  14. Re:why should i care?` by operagost · · Score: 5, Insightful

    I think that once knowledge has to be suppressed just so everyone can be deprived of it equally, it's already gone full apeshit.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  15. Re:why should i care?` by Anonymous Coward · · Score: 2, Insightful

    You got stuck on an ancillary point. The main thrust was the statement "So if the handicapped don't get it, you can't have it either."

    If this content was required for something, or paid for, then it seems reasonable to me to demand ADA compliance. If it was just free information that the university put up for the greater good, I have more empathy for all the people who don't get it at all then the tiny few people would won't have been able to get it anyway.

  16. Re: why should i care?` by Anonymous Coward · · Score: 2, Insightful

    No one is saying being handicapped doesn't suck, but perhaps there's a better solution than crippling (either figuratively or literally) everybody else for the sake of equality.

  17. Re:Leftist regulation run amok. by losfromla · · Score: 3, Insightful

    It is a logical fallacy to generalize from this isolated case and imply that all regulations are bad. Regulations that protect the environment are provably good and are a cost to a corporation, tough shit for the corporation. The other option is that the corporation gets to destroy the environment freely by "externalizing" the costs which really means destroying the health of millions. It is clear that many more benefit than pay by protecting the environment preferentially. The main problem with environmental regulations is that there aren't enough of them and not aggressively enough enforced.

    I do think there is some Fed overreach in controlling for example "illicit" drugs, who the fuck is the Federal Gov't to tell me what I can and can't put in my body. Same argument regarding raw milk, vaccines, etc. The Gov't has no business interfering in what I do with my body.

    If you want to argue health care, lets have single payer universal health care with aggressively negotiated pricing on medications and drugs. Or, lets get rid of all monopolies on medication; no drug patents, no medical licensing, no restrictions on trade. In other words, lets have us a free market.

    --
    Only I can judge you.
  18. Re:why should i care?` by losfromla · · Score: 3, Interesting

    They couldn't have utilized automatic text-to-speech software? I imagine a University like Berkeley could have set its CS department on the problem and in the process brought in all kinds of funding.

    --
    Only I can judge you.
  19. Re:why should i care?` by frovingslosh · · Score: 5, Insightful

    Yes. How dare a University say "We have all of this valuable information recorded on video and we are going to give it away to anyone for free.". . It is really great that a couple of handicapped people were able to say "If we can enjoy it as much as you then no one should be able to see it". . This result will really empower people. I'm colorblind and I'm going to sue all of the movie studios and TV stations for presenting their product in color. If I can't see the shows in full color them they should all be forced to present the shows in only black and white so we can all be equal. Screw you, you non-colorblind elitists.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  20. Re:Leftist regulation run amok. by Karlt1 · · Score: 5, Insightful

    It really does sound to me like a case of leftist-imposed regulations running amok yet again.

    And then you find out that the ADA was signed into law by a Republican President.....

  21. Re: why should i care?` by bill_mcgonigle · · Score: 5, Interesting

    The university had two choices - spend all kinds of money to make them available meeting the requirements of the ADA, or take them down.

    No, they had a very clear third choice - tell the Feds to go fuck themselves and sue the Department for First Amendment violations.

    UC and Berkeley in particular used to care about civil liberties. But some shithead on MSNBC might have cried, right?

    I am guessing that the real reason is that Trump would have sided with UC and that would be a "worse" outcome than taking down the videos.

    Kudos to LBRY.io for mirroring.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  22. Re:LBRY:// ??? by glenebob · · Score: 2

    "www.google.com".Length < "Huh? Not recognized by my browser.".Length.

    Nice work.

  23. Re:Leftist regulation run amok. by Rockoon · · Score: 4, Insightful

    It is a logical fallacy to generalize from this isolated case and imply that all regulations are bad.

    No, the logical fallacy here is you deciding that if someone says a regulation is bad, that they are saying all regulations are bad.

    The fact of the matter is that if you cant defend a regulation without resorting to this BULLSHIT fallacy, then its almost always a bad regulation.

    --
    "His name was James Damore."
  24. Re:Illegal Speech by mdpowell · · Score: 5, Interesting

    How is this not a free speech issue? Doesn't UC Berkeley have a 1st amendment right to distribute creative content -- especially free content -- in whatever format it wants with or without accommodations?

    Can a photograph or painting be banned if it does not have a descriptive text to accommodate the blind? What if the artist's point was to have something that was visual only? What if the artwork were in fact a political statement about the absurdity of laws like the ADA resulting in censorship and including the descriptive text would defeat the purpose of the artwork?

    We're not talking about a physical wheelchair ramp or an ATM that is too high (*); we're talking about creative content. So why isn't it protected?

    *At my workplace the ATM was removed because it was too high for wheelchair access and didn't have headphone-jack capability. Fixing it to comply with ADA was cost prohibitive to the credit union that owned the ATM. So instead of leaving a non-disabled-accessible ATM they took away the ATM from everyone.

  25. Re: Define "We", please by bill_mcgonigle · · Score: 4, Informative

    So apparently it's a protocol like torrents or something?
    So We Irrevocably Mirrored Them
    And how is this "irrevocable"? Somebody needs to do a lot more explaining about this LBRY thing instead of just namedropping it and expecting people to know what they're talking about.

    It's like a blockchain for media, so you cannot do a "takedown" on content that is uploaded with that parameter set without destroying the whole system. The idea is to make a censorship-resistant media platform for the Internet.

    It's a good project but yeah the submitter should have done some editing. I went to a development demo last year at NH Liberty Forum so I'm familiar with it but it's definitely not a household name yet.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  26. Tail wagging the Dog opportunity & solution mi by UnknownSoldier · · Score: 2

    Instead of deleting the videos they should have started working on a solution:

    Crowdfund it.

    And let people know that "These videos are in the process of being transcribed." along with webpage that has a status for EVERY video.

    Gee, if the only we had a place that we could _distribute_ and _communicate_ work. People can do it for crap like GIMPS but can't do it for lectures ???? Anime fans can provide fansubs but yet an University can't find people to donate their time to transcribe the material??? Hell, I do this for free on certain YouTube videos I find interesting. That way I have a textual copy I can "search"

    But instead, let's act like a spoiled-entitled-child with the immature "If I can't have it, no one can".

    Way to go.

    I thought Universities were supposed to the bastions of intellect -- not immaturity.

  27. Re: Don't you dare blame the disabled by bill_mcgonigle · · Score: 2

    Really? Please link to the service where I can get a lecture on quantum field theory accurately captioned for $1/minute.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  28. one cheap CC Apollo away from mission accomplished by epine · · Score: 2

    That doesn't work all that well, especially on videos with a lot of specialist jargon in it. Like university lectures.

    A Netflix-style competition with sizeable pot at stake (a dime per U.S. citizen?) would address this problem PDQ.

    Academic lectures, above all things, would quickly succumb to preconditioning on the right bag of words. Speech technology is advancing by leaps and bounds. It mainly needs improvement in automatically zeroing in on the appropriate jargon domain. Wikipedia is already a topic modelling gold mine just waiting to be fully exploited (of course, you'd have to cleverly cut through the mess, but that's what the big prize is there to expedite).

    This small sum of money in the grand scheme of things would about solve this problem permanently, with spin-off advances in speech recognition for all involved.

    And it's not like hearing loss is just for the deaf. It's a universal progressive condition exacerbated by good diet, exercise, and otherwise exemplary health.

  29. Re:why should i care?` by i.r.id10t · · Score: 2

    Almost all schools will have someone "in the know" on ADA stuff. They may not have the budget or people power to do it (ours doesn't, 15k students and 4 people in DRC) and it is up to the instructor to provide accessible content. The good side to this is that we tell instructors about making it all ADA compliant and they change their minds on doing 45 minute talking head lectures :)

    The big issue I see here is if the plaintiffs' instructor(s) were referencing the content for a course, then *their* school's ADA folks/instructor(s) should've been responsible for making it accessible to their students. Like Open Source, if they they sent the transcripts upstream then it would've been done for *all* folks.

    If the students just happened to want to access the content on their own initiative and were able to sue because the content just happened to be provided by a university then this is just a very bad application of the law, and I'm thankful that some type of mirroring system (I couldn't figure it out....) is being set up for the content.

    --
    Don't blame me, I voted for Kodos
  30. Re:Legal? Almost certainly. by PPH · · Score: 2

    lengthy jail sentences

    Can't do that. The person responsible suffers from debilitating claustrophobia.

    --
    Have gnu, will travel.
  31. Incorrect summary.. by Anonymous Coward · · Score: 5, Informative

    The summary is incorrect, the lawsuit was brought on by two employees of Gallaudet university, not two students. The employees are Glenn Lockhart, the director of public relations and communications and Stacy Nowak who is part of "Arts, Communications & Theater".

    You can find the relavant information on the previous post to slashdot, which includes links to the referenced material.

  32. Re:why should i care?` by demonlapin · · Score: 2

    No, they have to make reasonable accommodations to their students. Seems a bit of a stretch to say that they have the same obligation to non-students as to students.

  33. Re: Leftist regulation run amok. by Anonymous Coward · · Score: 2, Informative

    The Democrats had a majority in both the House and the Senate during G. H. W. Bush's presidency. It was more a product of Congress than of the Executive.

  34. Re:why should i care?` by frovingslosh · · Score: 5, Insightful

    Hopefully you'll get handicapped some day ....

    Your wishing such things on people reveals what a bitter hateful person you are. Actually, I do have a handicap, and in fact it is hearing loss, exactly the issue here. Mine is not complete, but severe enough that I watch TV and movies with closed captioning on. But I'm not damaged enough that I would say that if I can't hear something then no one else should be able to either.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  35. Re:Welp that's the internet for you by Rockoon · · Score: 2

    (and while we're at it properly fund education in this country so that we can both have these things _and_ make them accessible to people with disabilities

    Pretty sure only a single country spends more per student than we do, and even they dont do so in higher eduction.

    Meanwhile, bad regulations continue to fuck up everything. Some of those bad regulations have fucked up the cost of schooling.

    In basic education its allowing public union to extort communities by holding their childrens educations hostage while allowing members of government to make contractual promises on far in the future matters to these unions and then not fund these promises immediately, instead promising to take money from future people, people that cant even vote yet, when the bill finally comes due.


    I'm sure there will be some idiot that replies telling us the woes of low teacher wages and how little is actually spent in the classroom... but their idea is never to funnel more of vast amount of money we are already spending to the teachers and classrooms.. their idea is to throw even more money at it, because apparently the answer to inefficiency is more inefficiency. Thats how we got where we are. Decade after decade of my life its been the same problem. These idiots dont want to solve it because its not a virtue signal to do so.

    --
    "His name was James Damore."
  36. Nope, they already had automated by raymorris · · Score: 2

    They already used "automatic text-to-speech software". The jackasses who sued said that isn't good enough (for a free video), and the court agreed.

    1. Re:Nope, they already had automated by slew · · Score: 2

      They already used "automatic text-to-speech software". The jackasses who sued said that isn't good enough (for a free video), and the court agreed.

      IANAL, but to be "technical", the issue didn't get to a court yet, there was an *administrative* investigation and finding w/ remediation recommendations handed down by the US-DoJ (executive branch, no judicial). As with most administrative finding, if the remediation is not complied with, generally result in the US-DoJ bringing civil and/or criminal charges in a judicial court (which is often negotiated into a consent-decree before damages and criminal penalties are assessed).

      Berkeley simply attempted to render the remediation recommendations moot by taking down the videos in the finding. This is probably helped along by the fact that the remediation included a requirement to "Pay compensatory damages to aggrieved individuals for injuries caused by UC Berkeley’s failure to comply with title II." , which is basically unlimited damages to random people as long as the material was up. Given the complainant was a professor attempting to use the free material to teach a class, it seems like anyone could claim to want to use the material in course and claim damages higher than any one person...

  37. You've gotta be smarter than a bumper sticker by raymorris · · Score: 5, Insightful

    > Regulations that protect the environment are provably good and are a cost to a corporation, tough shit for the corporation.

    You don't actually mean exactly what you said, do you? I sure hope you were in a hurry when you typed that, that you're thinking is deeper than a bumper sticker slogan. You don't actually think labeling something "for the environment" or "for the children" or "for the economy" makes it a good idea, do you?

    All regulations have costs. Most also have some benefits. Some costs are concentrated on a few people. For example, right now a bunch of people are suing the government because on his way out, Obama's EPA chief declared they can't build a house on their land they bought *in case an endangered species might want to live in the area some day*. There is no endangered species on their land now, there hasn't been in the past, but who knows, maybe someday some animal might decide to live near where the people where planning to build their house. In that case, the cost is borne by the people who just spent $50,000 buying a lot to build their house on. On the other hand, the costs of regulations that affect "major corporations" are of course paid by most everyone equally. If General Mills is required to do some X that's more expensive, everyone pays more for their groceries. For any new regulation related to gasoline, the cost is paid by everyone who buys gas.

    In this instance, one cost of the regulation is that the educational videos are no longer available to the public. The benefit is - nothing. The lawyers got a nice chunk of change, and maybe the people suing got paid, but there's no benefit to society whatsoever. You know Uber and Lyft are ~illegal under regulations in many cities, and in many states regulations prevent Tesla from selling cars to consumers. Most people here understand these regulations don't benefit the public, they benefit the taxi companies and car dealerships. They are overall bad for society (or at least arguably so). You don't think that slapping the label "green" on an expensive regulation which does little to no good magically makes it good, do you?

    > Or, lets get rid of all monopolies on medication; no drug patents

    You could do that, the problem is 90% of the cost of new medication is R&D and testing. Suppose a company spends $800 million and and finally has a good medication to show for it. It costs $1/pill to produce. (Which means they can recover their costs by selling 800 million pills at $2 each). Since producing the pills costs $1, other companies will happily produce and sell them for $1.25. Without patents, new medications are pretty much impossible, unless you remove all of the regulation of testing and disclosure and everything, allowing companies to sell medications without revealing what's in them, or without expensive regulatory compliance including all the testing. personally, I prefer well-tested medication and full disclosure of their contents. That makes R&D expensive compared to production. And that basically means no new meds without patents.

    1. Re: You've gotta be smarter than a bumper sticker by Volda · · Score: 2

      From what I understand, the R&D for many drugs are researched at public institutions using public funding. Many drug manufacturers hop on to the gravy train at some point and may fund 50% of the research so that they can claim exclusive rights to said drug. Tax payers are still funding a good chunk of those costs. Additionally drug makers have been milking products for decades. Look at the Epi Pen. It was made in the 1970's and approved in 1987 by the FDA. Yet somehow the price goes up every year. They have more then made their costs back 10 fold. This appears to be the norm for drug manufacturers. Inevitably us consumer pay for both the cost of the drug with an x increase in price per year and pay for a good chunk of the research. The drug companies have many cash cows that they didn't have to invest too much in, compared to the returns they get out of it. Maybe the drug manufacturers can use more of their own money to fund more research instead of giving multi millions dollar bonuses to executives.

  38. Bravo! by kenwd0elq · · Score: 2

    Congrats for doing something reasonable where the government was being UN-reasonable.

  39. Re: why should i care?` by ArmoredDragon · · Score: 4, Interesting

    The ADA has a long, long history of abuse. In fact, the are many documented cases of where somebody sues a business for not being handicap accessible, and it has turned out that the person suing never even set foot in the establishment to find out. Nonetheless, the businesses often settle because it's cheaper to do that than it is just to pay a lawyer's retainer fee.

    The was one interesting case where somebody sued Clint Eastwood over some restaurant for ADA violations. He countersued and won, but it was still less than what he paid his lawyers. He just did it over the principle of the thing, but most business owners don't have as much money to throw away as he does.

  40. Re:why should i care?` by Roger+W+Moore · · Score: 2

    The students sued because the lectures were not available in a suitable format to meet the requirements of the ADA.

    This would explain why, when I upload my own lectures from Canada, YouTube always wants to know that they have never been aired in the US prior to release.

  41. Re:why should i care?` by Scarred+Intellect · · Score: 5, Funny

    I'm colorblind and I'm going to sue all of the movie studios and TV stations for presenting their product in color. If I can't see the shows in full color them they should all be forced to present the shows in only black and white so we can all be equal. Screw you, you non-colorblind elitists.

    Haha! Joke's on you, they've always been black and white!

  42. Re: why should i care?` by lgw · · Score: 4, Interesting

    I'd mod you insightful if /. ever gave me mod points.

    Berkeley was once the proud home of free speech, really a founder in the "free speech on campus" movement in the US. Now they stage violent riots to shut down on-campus speakers who may say something they disagree with. WTF happened, Berkeley?

    --
    Socialism: a lie told by totalitarians and believed by fools.
  43. Re:Leftist regulation run amok. by Boronx · · Score: 2

    Same argument regarding raw milk, vaccines, etc.

    That's where I draw the line. Plenty of people, namely kids, would get themselves killed drinking 3 day old raw milk.

  44. Re:Leftist regulation run amok. by Boronx · · Score: 2

    Are we complaining about the regulation or this application? Does every law need to be written so that it's idiot proof?

  45. Re:why should i care?` by slew · · Score: 4, Informative

    No, they have to make reasonable accommodations to their students. Seems a bit of a stretch to say that they have the same obligation to non-students as to students.

    The US Department of Justice would be the one disagreeing with you on this.

    The USDOJ apparently decided in favor of Stacy Nowak (a professor at Gallaudet University) who "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."

    Including to "6. Pay compensatory damages to aggrieved individuals for injuries caused by UC Berkeley’s failure to comply with title II."

    Berkeley *already* makes reasonable accommodations for their tuition-paying students by offering to caption any videos for them. The DOJ decided that if they make the material available to anyone, they must do this for anyone. As a result, they no longer make the videos available to non-students.

    This is part of the reason why we can't have nice things...

  46. Re:why should i care?` by slew · · Score: 2

    That's true, it's not about students at Berkeley, anyone in the US could have brought this lawsuit.

    In fact Stacy Nowak, a professor at Gallaudet University, wanted to use these videos for a course and initiated the complaint with the USDOJ that eventually led to UC-Berkeley taking down these videos...

  47. Re:Post them on the Internet Archive by jbn-o · · Score: 2

    I concur; the Internet Archive is easily reachable by everyone using time-honored and well-understood protocols that ordinary computer users and highly-skilled computer users all can use (videos delivered over HTTPS). This will also seed BitTorrents (since archive.org has been doing that too).

    I look forward to someone sharing the download URL from archive.org where we can get the lectures we're all free to share.

  48. Re:why should i care?` by AmiMoJo · · Score: 4, Insightful

    What makes you think that the complainants wanted no one to see these videos? They just wanted the university to meet its legal obligation to them, I really doubt that they intented for this to happen.

    Once the complaint was made it would have been beyond their ability to stop it because the case is taken on by the government.

    It's a bad decision but blaming those guys is probably unfair, unless you know otherwise.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  49. Re:why should i care?` by jafiwam · · Score: 4, Insightful

    The students sued because the lectures were not available in a suitable format to meet the requirements of the ADA. The university had two choices - spend all kinds of money to make them available meeting the requirements of the ADA, or take them down. The law of unintended consequences at work. The ADA is a good thing, until you go ape shit with it.

    \

    One minor correction. The students DIDNT sue. Some fucking ambulance chaser bottom feeder lawyer sued.

    The students were just used as the "injured party."

    There's all kinds of that shit going on now all over, the financial industry is getting hit too. Threat letters and demands for settlement because some site is not compliant with the ADA in context of NO requirement to be ADA compliant. (Usually ADA compliance means WCAG 2.0 but of course, since there's no governing body then it might not be good enough.)

    Having the content in a web site be accessible is good. Using it not be so to pad the pockets of some scum-sucking lawyer is not.

  50. Re:why should i care?` by Ol+Olsoc · · Score: 4, Insightful

    Yes. How dare a University say "We have all of this valuable information recorded on video and we are going to give it away to anyone for free.". . It is really great that a couple of handicapped people were able to say "If we can enjoy it as much as you then no one should be able to see it". . This result will really empower people. I'm colorblind and I'm going to sue all of the movie studios and TV stations for presenting their product in color. If I can't see the shows in full color them they should all be forced to present the shows in only black and white so we can all be equal. Screw you, you non-colorblind elitists.

    As a pretty deaf person, I understand their frustration. However, if they did not see the likely result of their lawsuit, that is the retroactive captioning of some 20 K videos, well then they are of the modern variety of special snowflakes. Congratulations you two special snowflakes, you WON! Crack open a bottle of ADA compliant whatever it is that snowflakes drink, and know that the world is better for your lawsuit.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  51. Re:why should i care?` by Dread_ed · · Score: 3, Insightful

    The very worst part about this isn't even considered in the scope of the trial. The chilling effect this has on all universities. Not only did we almost lose these 20k videos, but I can bet you no more will be made by UC Berkley and their competitor universities will eschew this process as well.

    Free enrichment of the commons should not be circumvented by a lawsuit and a couple of idiots.

    --
    When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  52. Re: why should i care?` by lgw · · Score: 2

    They did not stage violent riots. They had peaceful protests going on until some assholes came along and ruined it.

    And yet, mysteriously, every "mostly peaceful" campus protest works the same way: the speaker is prevented, by violence or threat of violence, from speaking. This is the exact opposite of free speech.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  53. Re:Leftist regulation run amok. by Dread_ed · · Score: 2

    Unfortunately this is not an equal comparison. These videos were available for free. There was no profit motive involved.

    So, with the exception of billions of dollars in revenue vs. zero dollars in revenue, your comparison is correct.

    --
    When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  54. Re:Illegal Speech by slew · · Score: 2

    How is this not a free speech issue? Doesn't UC Berkeley have a 1st amendment right to distribute creative content -- especially free content -- in whatever format it wants with or without accommodations?

    Can a photograph or painting be banned if it does not have a descriptive text to accommodate the blind? What if the artist's point was to have something that was visual only? What if the artwork were in fact a political statement about the absurdity of laws like the ADA resulting in censorship and including the descriptive text would defeat the purpose of the artwork?

    We're not talking about a physical wheelchair ramp or an ATM that is too high (*); we're talking about creative content. So why isn't it protected?

    *At my workplace the ATM was removed because it was too high for wheelchair access and didn't have headphone-jack capability. Fixing it to comply with ADA was cost prohibitive to the credit union that owned the ATM. So instead of leaving a non-disabled-accessible ATM they took away the ATM from everyone.

    UC Berkeley doesn't have a right to distribute anything (they aren't "private people"). A private person has that right, but UC Berkeley is a public institution that doesn't have that right (despite the citizen's united ruling), and it is subject to ADA Title II restrictions. Private persons are only limited by ADA Title I (employment discrimination rules).

  55. Re:why should i care?` by Actually,+I+do+RTFA · · Score: 2

    Ah, but they are still available to students. If you have a Berkeley ID, you can still watch all the videos.

    --
    Your ad here. Ask me how!
  56. Re:Leftist regulation run amok. by losfromla · · Score: 2

    Actually, you are somewhat right about microbes, however, the main action in the development of milk products is caused by bacteria inherently present and the feedstock (milk sugars, protein, fats). We don't live on a farm though, yo! We live in the city and so are city folk who buy extremely expensive raw milk. We can do this because the government of California did something good and allows the sale of raw milk, though with absurdly punitive regulation. The regulation they've established is suitable for the toxic waste dumps that are conventional milk factories, on a clean, organic farm where cows live on green grass and are milked on a mobile platform, the required inspections are overbearing and heavy-handed, not to mention patently unnecessary.

    I don't feel that the 99.99% of the population should have to suffer just so the 0.01% can safely drink putrid milk products. If they know or feel they are vulnerable, they should drink water, or chicken broth, or whatever else they feel comfortable with. They or their guardians should care enough to research and make the right choices in their extremely rare and specialized circumstances. Let me live and make my own dietary and recreational choices. Don't come between me and my farmer's eggs with a little bit of chicken shit on them, let my vegetables be ugly and carrying some insects, that is natural!

    --
    Only I can judge you.
  57. Re:Leftist regulation run amok. by Maxwell · · Score: 3

    Oh fuck off with your ridiculous 'anything I dissgree with must be leftist' bullshit. The ADA act was written by the Republicans, and signed into law by one George H.W. Bush. How is that for 'leftist', huh?

  58. Re:why should i care?` by hey! · · Score: 4, Informative

    If I'm not mistaken the issue here is that the University of California is covered under the rules for government agencies, which are stricter than the rules for a private entity. The rules for private entities include a "balancing test" which weighs the costs and resources that entity has. There is no slack for government-run entities.

    Arguably there should be a "public good" balancing test for corner cases like this, but the clear intent is that a public school like a high school must provide services like note taking and interpreters to profoundly deaf students -- if they have them. UofC can still offer these videos on campus because it can provide those services to students on campus, but it obviously can't provide them for every deaf or hard-of-hearing person on the Internet.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  59. Re:why should i care?` by Anonymous Coward · · Score: 3, Insightful

    There is unrest in the forest
    There is trouble with the trees
    For the maples want more sunlight
    And the oaks ignore their pleas

    The trouble with the maples
    And they're quite convinced they're right
    They say the oaks are just too lofty
    And they grab up all the light
    But the oaks can't help their feelings
    If they like the way they're made
    And they wonder why the maples
    Can't be happy in their shade?

    There is trouble in the forest
    And the creatures all have fled
    As the maples scream 'oppression!'
    And the oaks, just shake their heads

    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

    Lifeson/Peart/Lee

    (Bonus Fahrenheit 451 Captcha: fireman)

  60. Re:why should i care?` by wvmarle · · Score: 2

    That when YouTube nowadays even provides foreign-language subtitles... As in, a robot listens to the audio, translates it into another language, and provides you with subtitles in that language. So a Chinese video can have English subtitles - for free!

    Sure the result in my example isn't always the easiest to understand, it's better than nothing, but I've watched English videos with English subtitles where the subs were an almost exact transcription of what I heard them saying. Could be a solution. Add to that a pool of volunteers to check and correct the subs and it's not that big a job any more.

  61. Re: Leftist regulation run amok. by king+neckbeard · · Score: 4, Informative

    You use "left" and "right" in some idiotic way that nobody but your stupid fucking subgroup understands. The US has largely trended more authoritarian, and has been moving largely towards deregulation and propping up the already wealthy (occasionally through regulations intended to strangle potential competition). That would generally be considered moving to the economic right.

    --
    This is my signature. There are many like it, but this one is mine.
  62. Re:why should i care?` by Darinbob · · Score: 4, Insightful

    Many of these lawsuits are driven by lawyers who seek out plaintiffs (sounds familiar?). Ie, some shop owners are being sued because their handicap parking spaces are not wide enough or not enough of them, etc. The plaintiffs almost always turn out to be someone who's never been to the shop, never tried to shop there, never complained to the shop owner, etc. The first the owner hears about not being in compliance is the lawsuit.

    This is NOT how regulations are supposed to work. Lawsuits are supposed to be the last resort, and the usually come from a government agency which is too overburdened to create lawsuits on a whim. The snag with the ADA is that it allows people other than the government to sue. The end result of this may be that ADA is torn town by an anti-regulation administration rather than reforming it and fixing the abuses.

  63. Re: why should i care?` by Darinbob · · Score: 3, Informative

    The law as written allows third parties to sue and collect damage or settle out of court, even if no fixes are ever made to accomodate someone with disabilities. It's a quirk on the ADA. The out of court settlements are often less than the cost to hire lawyers and defend the lawsuit.

    Compare to something like the EPA. I cannot sue my neighbor for having smelly dog waste in his backyard, instead the government has to do this and they're not going to bother with such an expensive process for this, they don't have the time or resources. Even if lucky they'd have an inspector have a look and say "this is not a problem and does not violate any regulations, stop wasting my time you stupid slashdot poster!" With ADA it's different. I can go and find a lawyer to sue, or more likely a lawyer will approach me and offer to split some money with me if I sue my neighbor, or even more likely than that they'll get a plaintiff who's never seen my neighbor or the yard or who doesn't even live in the area act as a plaintiff.

    Even Saul Goodman thinks these lawyers are sleazebags.

  64. Re:why should i care?` by skr95062 · · Score: 2

    You just described the Lawyers from the Prenda Law firm. I read somewhere that Paul Hansmeier was running a ADA shake down in Minnesota before his arrest.

  65. Re: why should i care?` by Trogre · · Score: 2

    You already *have* the exact same access as the next guy.

    Not anyone's fault if you cannot assimilate the material because of language barriers, disability, lack of education, or not owning a computer.

    Don't try to take away other's access because you have a problem.

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  66. Re: why should i care?` by spongman · · Score: 2

    Berkeley _is_ a state college, though.

  67. Re:Tail wagging the Dog opportunity & solution by swillden · · Score: 3, Interesting

    But instead, let's act like a spoiled-entitled-child with the immature "If I can't have it, no one can".

    I don't think that's what happened at all here.

    These are videos that are made by Berkeley, for Berkeley's own purposes. Someone got the idea to upload them to YouTube and make them available to the world for free, because the cost to doing that is very close to zero. Very likely one university employee came up with the idea and spends a few minutes per day uploading whatever new lectures are in the library... or maybe even automated it so that no human spends any time on it.

    What you're talking about, even if it is possible to get some crowdfunding, will require orders of magnitude more effort and expenditure by the university, isn't really in their mission, and definitely isn't in their budget. And it's entirely possible that they're even looking into what they could do... but until they have a system in place, *and* have verified that whatever approach they take satisfies the requirements of the law and won't leave them with more legal bills, the only thing they reasonably can do is take them all down.

    There's no reason to assume that they're acting out of spite here.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.