20,000 Worldclass University Lectures Made Illegal, So We Irrevocably Mirrored Them (lbry.io) 555
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.
Berkley didn't do this to be jerks (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.
Re:Berkley didn't do this to be jerks (Score:5, 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.
Re:Berkley didn't do this to be jerks (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.
Re:Berkley didn't do this to be jerks (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".
Re: (Score:3)
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
Re:Berkley didn't do this to be jerks (Score:5, Interesting)
Re: (Score:3)
Thus is the way of the SJW. Equality of outcome not opportunity is the end-game.
Re:Berkley didn't do this to be jerks (Score:5, Insightful)
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Or, new content will be created with transcription in mind and as part of the process.
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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.
Re: (Score:2)
Re:Berkley didn't do this to be jerks (Score:5, Interesting)
one cheap CC Apollo away from mission accomplished (Score:3)
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 mode
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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.
Re: (Score:2)
If someone can figure out the words in 'Finnegans Wake' or 'Trainspotting' (the book), they can figure out auto closed captions.
I had some TAs in college that should have been closed captioned.
Re: (Score:2)
Background on why videos deleted/Closed Captioning (Score:5, Informative)
http://reason.com/blog/2017/03... [reason.com]
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).
Re: (Score:3)
Dear Gallaudet University,
Haha.
Re: (Score:3)
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 peop
Re: (Score:2)
Why not just ask Google if they can use the software that auto-generates closed captions for YouTube videos?
Define "We", please (Score:2, Insightful)
Re: (Score:2)
No shit, Sherlock.
Re:Define "We", please (Score:5, 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.
Re: Define "We", please (Score:5, 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.
In a perfect world (Score:4, Insightful)
Re: (Score:2, Interesting)
Yes it is. At some point someone always seems to have to sue to get the right thing done. I may not like it, you seem not to like it, but the people who mirrored the content only prevented a proper solution being put into place.
There are lots of suggestions here that could have made the content more accessible, but they have been rendered moot because the content has been mirrored and the Universities can wash their hands of it knowing that it is still "out there" depriving these students of leverage to get
Re:In a perfect world (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.
Re:In a perfect world (Score:4, 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.
Welp that's the internet for you (Score:2)
I said this when the story first broke: crap like this is what happens when you elect a bunch of people who don't believe government can work. Stuff breaks and instead of fixing it they just point and say: "See! See!". If I did that I couldn't typ
Re: (Score:3)
(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 immediatel
Comment removed (Score:5, Insightful)
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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.
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It of interest, why couldn't they just enable auto subtitles on YouTube in the first place? Not good enough quality to satisfy the court?
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Well then, they won't be able to watch the revenge enactment.
Ban everything (Score:2)
While they are at it, why not ban nearly all online video, because it discriminates against the blind; streaming music services and CDs because they are not accessible to the deaf; live music gigs and clubs because the strobing lights affect those with epilepsy etc.
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I seriously wonder why this hasn't been used before...but then there are classes like conceptual physics, eg the type of physics that people watch on tv.
Ohhh, I know if a star goes inside the event horizon of a black hole it will vanish forever because information can't escape a black hole. I know general vague concepts and know how to configure and Ethernet card and b a grammer nazi. IM smart.
And there the whole the dumbing down and trivialization of education thing.
America is killing itself with regs. (Score:3, Interesting)
Re:America is killing itself with regs. (Score:5, 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.
LBRY:// ??? (Score:3)
Huh? Not recognized by my browser.
Re: (Score:3)
"www.google.com".Length < "Huh? Not recognized by my browser.".Length.
Nice work.
Post them on the Internet Archive (Score:2)
Re: (Score:3)
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.
Tail wagging the Dog opportunity & solution mi (Score:3)
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.
Re:Tail wagging the Dog opportunity & solution (Score:4, 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 [github.com] 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.
Incorrect summary.. (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 [gallaudet.edu], the director of public relations and communications and Stacy Nowak [gallaudet.edu] who is part of "Arts, Communications & Theater".
You can find the relavant information on the previous post to slashdot [slashdot.org], which includes links to the referenced material.
Bravo! (Score:3)
Congrats for doing something reasonable where the government was being UN-reasonable.
Re:why should i care?` (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.
Re: (Score:2)
But you could get almost any defendant to claim that any alleged deficiencies falling under the ADA "are going apeshit with it".
Re:why should i care?` (Score:5, Insightful)
Re: why should i care?` (Score:5, 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.
Re:why should i care?` (Score:5, 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.
Re: (Score:3)
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.
Re:why should i care?` (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. 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.
Re:why should i care?` (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.
Re:why should i care?` (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!
Re:why should i care?` (Score:5, 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.
Re:why should i care?` (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.
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.
Re: (Score:3)
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 th
Re:why should i care?` (Score:4, 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.
Re: (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 the
Re: why should i care?` (Score:3)
Berkeley _is_ a state college, though.
Re: why should i care?` (Score:4, 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.
Re: (Score:3)
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
Re: why should i care?` (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.
Re: why should i care?` (Score:5, 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?
Re: (Score:3)
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.
Re: (Score:3)
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.
Re:why should i care?` (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.
\
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.
Re:why should i care?` (Score:5, 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.
Re: (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 environ
Re:Leftist regulation run amok. (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.
Re: (Score:3)
Are we complaining about the regulation or this application? Does every law need to be written so that it's idiot proof?
You've gotta be smarter than a bumper sticker (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.
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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.
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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 f
Re:Leftist regulation run amok. (Score:5, Insightful)
And then you find out that the ADA was signed into law by a Republican President.....
Re: Leftist regulation run amok. (Score:5, Informative)
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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.
Re:Leftist regulation run amok. (Score:4)
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Re:why should i care?` (Score:5, 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 [berkeley.edu] 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...
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Ah, but they are still available to students. If you have a Berkeley ID, you can still watch all the videos.
Re:why should i care?` (Score:5, Insightful)
Re:why should i care?` (Score:4, 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.
Nope, they already had automated (Score:3)
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.
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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
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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.
Re: why should i care?` (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.
Re:why should i care?` (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.
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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...
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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.
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That is it. The videos did not have descriptive text, nor captioning or a transcript. Berkley was relying on the automated captioning available from YouTube, which had an accuracy of less than 50%.
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becoming students at UCBerk themselves
So, what happens when a disabled person (deaf, for example) attends a live lecture there? The university presumably would be on the line to provide a sign language interpreter given notice of such a requirement.
So, upon request just have the interpreter sit in front of a web cam and rebroadcast a picture in picture version of the material. This would only have to be done the first time, since that output could easily be saved and linked to the original. It's not a great burden upon the university, since pr
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It is 2017. Society has been active long enough to trivially make political discussions without plopping into the Liberal/Conservative dichotomy, especially without leaning towards childish insults.
Also, the ones making the complaint are closer to being liberal, because they believe in everyone having a chance of equal access.
Disabled students would simply not have access to these videos, and as us
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lengthy jail sentences
Can't do that. The person responsible suffers from debilitating claustrophobia.
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Hmmm, 20000 lectures times 45 minutes (or more) times $1 per minute is 900.000 bucks. I would say that is not minimal. Also note that these videos haven't been recorded with publication in mind. Also I don't think you can add captions to a 45 minute long video in few minutes. It would take at minimum 45 minutes to ensure they are placed correctly (well, maybe you could watch at 2x speed and still have reasonable accuracy).
Re: Don't you dare blame the disabled (Score:3)
Really? Please link to the service where I can get a lecture on quantum field theory accurately captioned for $1/minute.
Re:Illegal Speech (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.
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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 [ada.gov] restrictions. Private persons are only limited by ADA Title I (employment discrimination rules).