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This note discusses the issue of who should benefit from a WIPO treaty for reading disabled persons. Should it only be people who are blind and visually impaired, as some propose, or should it be more inclusive with regard to other disabilities?
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We are starting to see objections to the Google Book Search SettlementL2 this month in advance of the May 5th deadline set up by the court. The firstL3 comes from the consumer advocacy group Consumer Watchdog (foundL4 by way of the American Libraries news feed). They have submitted a letter to the U.S. Justice Department asking the antitrust division to delay the settlement until the "'most favored nation' clause favoring Google is removed and the deal's 'orphan works' provision is extended to cover all who might digitize books, not only Google." The letter in PDFL5 is available on the Consumer Watchdog website. The objections revolve around the provision that require the Books Rights Registry to give Google the same terms as anyone else who enters into agreements with the Registry (noting that more favorable terms might be required by a new party in order to compete with Google) as well as the fact that the copyright infringement protection for digitizing orphan works only extends to Google.
"Amazon has taken a step in the right direction by including text-to-speech technology for reading e-books aloud on its new Kindle 2," Dr. Maurer [President of the National Federation of the Blind] continued. "We note, however, that the device itself cannot be used independently by a blind reader because the controls to download a book and begin reading it aloud are visual and therefore inaccessible to the blind. We urge Amazon to rectify this situation as soon as possible in order to make the Kindle 2 a device that truly can be used both by blind and sighted readers. By doing so, Amazon will make it possible for blind people to purchase a new book and begin reading it immediately, just as sighted people do."
KEI supports the notion that the WIPO SCCR should begin it's norm setting agenda in small confidence building steps, working with communities that know what they want. The reading disabled community is at the head of the line both because they are ready now, and because they have a very compelling need. According to the World Health Organization, there are 45 million persons who are blind, and 90 percent of them live in developing countries, mostly in appalling poverty and with very limited employment opportunities.
Do we need an international treaty for reading disabled persons?
Yes, and today the World Blind Union is seeking international support for a proposed Treaty for Reading Disabled Persons at the World Intellectual Property Organization (WIPO). The next meeting where this matter could be taken up is at the WIPO Standing Committee on Copyright and Related Rights taking place in Geneva, May 25-29, 2009.
The Authors Guild is pressuring Amazon to modify the Kindle 2 so that the synthetic speech function can only be used with the express authorization of the owner of the copyright of a work. A coalition of organizations that represent or work with persons with reading disabilities is organizing a protest to persuade the Guild to change its position. KEI supports the protest, and makes this statement on the Kindle 2 issue:
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