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ESA Seeking Final Disabilities Access Waiver Extension

Lexology has details on an interesting legal situation in the videogame industry, saying the Entertainment Software Association has filed a petition with the Federal Communications Commission seeking a "final" waiver to postpone a requirement that videogames comply with accessibility requirements in the United States mandated by the 21st Century Communications and Video Accessibility Act. This regulation requires "that advanced communications services ('ACS'), like voice and text communications, built into video game software be made accessible for people with disabilities." The article reveals that the ESA has already received three waivers for this already, the latest of which will expire at the end of this year. Word is the waivers were granted because the primary purpose of the industry is gaming, not those advanced communications services. That said, the request for a "final" waiver suggests that patience with this situation is wearing thin, and that while the first waiver was for three years, the other two were for just one year each. This excerpt offers more details:

In this Petition, ESA argues that gaming remains the primary purpose and that ACS capabilities are secondary and not prominently advertised. ESA also asserts that there are unique challenges involved with gaming software, such as the display technologies used by video games, creation of highly specialized code, and the successful and simultaneous integration of numerous specialized functions, animation, graphics, audio and artificial intelligence. Further, video games use specialized controllers rather than standard equipment like a mouse. In contrast, “most assistive technologies are intended to work with standardized inputs and controls.” The inherent lag time for technologies like audio transcription can also be difficult for fast-paced gaming communications. The Petition states that despite these challenges, over the course of the multiple waivers, the video game industry has released games that “are increasingly accessible—even as it continues to experiment with ACS accessibility solutions for video game software.” The Petition offers several examples of video games that have incorporated accessibility technologies, including real-time text transcription of audio game chat and text-to-audio features in game chat on Microsoft’s Xbox One console.

In spite of this progress, ESA contends that certain challenges remain and that additional time is needed to explore accessibility solutions for ACS and core game play activities before video game software can comply fully with the ACS rules. ESA argues that another year will allow video game software developers to continue to look for alternative solutions where standard assistive technologies are insufficient, permit industry to continue to release innovative games in the meantime, and allow industry to continue an ongoing dialogue with members of the disability community.

ESA is likely to be successful receiving an additional waiver, however, it is clear that time is running out. The first waiver granted was for three years but the last two have only been for one year, with the last one including a requirement for a mid-year progress report that was filed in June. ESA appears to recognize this in asking for a “final” waiver. However, other industries and technologies that are subject to the ACS rules and that have a primary purpose other than ACS should consider a similar waiver request. This is especially true for new and innovative technologies and applications.

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35. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 20:19 RedEye9
 
Mashiki Amiketo wrote on Nov 19, 2017, 14:32:
RedEye9 wrote on Nov 19, 2017, 11:03:
Mashiki Amiketo wrote on Nov 19, 2017, 08:57:
derp.
we approved of your absence.
links to a video explaining finger signs???
You need this https://www.theatlantic.com/magazine/archive/2017/12/the-making-of-an-american-nazi/544119/ It's all about your bubble.
 
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https://www.newyorker.com/humor/borowitz-report
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34. No subject Nov 19, 2017, 14:32 Mashiki Amiketo
 
RedEye9 wrote on Nov 19, 2017, 11:03:
Mashiki Amiketo wrote on Nov 19, 2017, 08:57:
derp.
we approved of your absence.
When you live in a bubble, contrary views tend to really hurt. Maybe you can watch this video right here, and really think there's millions of nazi's in the US...by millions I mean around 0.0053%(or under 11,000) of the current working class(220m) at best estimate and over-guessing.

jdreyer wrote on Nov 19, 2017, 12:24:

I tire of this. I wasn't a Hill supporter, but:
Did you read the DNC emails? The picture that those paint are wholly different then what you're suggesting, including race rigging -- which is the basis of the civil suit against the DNC itself(there's a couple of those going on). You can always find a synopsis of them, which is probably best since there are a lot of them.
 
--
"For every human problem,
there is a neat, simple solution;
and it is always wrong."
--H.L. Mencken
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33. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 12:52 Task
 
The proposal is an interesting idea at least... Might be more practical for the individual developer to decide how accessible make their piece of entertainment.

The political discussion going on in this thread too is so odd. All ya'll are going to be doing this same thing every 4 years no matter who it is which has become a sad guarantee - its always about 'my guy is in, yours isnt' - the political arena in the U.S. has been a mess for a long time. Trump supporters, for example, can't take it when people make fun of Trump even though they may have done so toward Obama since it wasn't 'their' candidate. I personally don't know how anyone can like either Hillary or Trump, they are both liars and worse things than that.
 
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MekPak Variants Mod - BattleTech Beta
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32. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 12:45 jdreyer
 
HoSpanky wrote on Nov 19, 2017, 10:15:
Obviously, there's really no way to help people who are completely blind.

I would have thought so too, until I read this article.
 
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31. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 12:40 Dacote
 
jdreyer wrote on Nov 19, 2017, 12:24:

I tire of this. I wasn't a Hill supporter, but:

1. She won the primary outright, even without super delagates.

2. She won nearly every state where there was a primary in which votes were cast and counted. Bernie won states where the nominee was chose by caucus, wherein the loudest and most enthusiastic (but not necessarily the majority) people decided at town halls.

3. It's not surprising she won given that Bernie joined the party at the last minute.

Facts and logic will never sway an angry clueless white person, but thanks anyway.
Stay Tireless, Resist
 
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30. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 12:34 jdreyer
 
Ozmodan wrote on Nov 19, 2017, 09:18:
Cutter wrote on Nov 18, 2017, 17:15:
Ozmodan wrote on Nov 18, 2017, 15:25:
Creston wrote on Nov 18, 2017, 14:43:
Write Ajit Pai a check for $25 (he's a really cheap whore) and he'll be happy to grant you whatever you want.

Well it was a FCC appointed by the democrats that came up with this ridiculous idea in the first place. Can't think of a stupider idea than accessibility requirements on video games.

Well I sure hope you end up blind and deaf and then come tell us how the handicapped don't deserve any consideration or protection. Fucking jerk.
Gee sorry you got upset, please explain how you are going to add handicapped accessibility to games??? Beyond that the concept is silly from the start, it would add a LOT of development to games which would severely hamper any content.

Anyone who thinks this is a good idea is challenged.

It is a good idea, but there has to be balance. Just like ADA laws, it's possible to get a waiver, especially if you're a smaller business or offer non essential services. Which is why up until this point the games industry has been waived to this point. If you're a 5-man studio, you'll never be required to do this. EA and Activision, on the other hand, should be required to add reasonable additions to increase accessibility. This isn't going to bankrupt them, and if they do it right the first time the modules can be basically become part of the Frostbite engine (or whatever) that require very little modification for each new game.

The kinds of support for are pretty basic to add: subtitles for the deaf, machine-read spoken audio for the partially blind, special font for dyslexics, special color schemes for the color blind, the ability to rebind keys for one-handed people, etc.

Lastly, don't forget that 19% of Americans have disabilities. It's just good business to cater to that market.

You could educate yourself, you know. I didn't know any of this until 10 minutes ago.

EDIT: Also what HoSpanky said.
 
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29. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 12:24 jdreyer
 
Mashiki Amiketo wrote on Nov 19, 2017, 08:57:
NKD wrote on Nov 18, 2017, 21:26:
We wanted Bernie, or someone else who is actually a change from the status quo. Not Robo-Hillary the worlds least convincing android. Hillary had nothing but defeatist rhetoric that promised nothing. The only reason she got any votes is that she was up against Donald Trump, a man who has been a walking joke in this country for 40 years.
And yet...yet...when it came to light that she rigged the primary it was only the fringes that were angry. The establishment inside just waved their hands and said it's okay. Then when it came to light that Sanders actually knew that it was rigged, and got a payment off for it. Democrats still hummed and said wellllll that's okay. And you just had an election for a new party leader and who got elected? More of the same. Face it, the democrats are infested top to bottom and worse off then the republicans. At least they've been challenging people and running primary challengers.

At the rate you're going it's going to take 40 years to fix that party, providing it doesn't collapse under it's own corruption.

I tire of this. I wasn't a Hill supporter, but:

1. She won the primary outright, even without super delagates.

2. She won nearly every state where there was a primary in which votes were cast and counted. Bernie won states where the nominee was chose by caucus, wherein the loudest and most enthusiastic (but not necessarily the majority) people decided at town halls.

3. It's not surprising she won given that Bernie joined the party at the last minute.

 
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28. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 12:18 jdreyer
 
Bub wrote on Nov 19, 2017, 06:33:
The same know-nothings that rail against accessibility efforts are the same folk who once they reach 65+ and develop mild arthritis rush to thier doctor for a note for handicapped parking.

"Keep goddamn government hands off my Medicare!"
 
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27. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 11:03 RedEye9
 
Mashiki Amiketo wrote on Nov 19, 2017, 08:57:
derp.
we approved of your absence.
 
Avatar 58135
 
https://www.newyorker.com/humor/borowitz-report
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26. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 10:15 HoSpanky
 
Adding support for people who are deaf should be pretty easy, and most AAA games have an option to display subtitles already.

Adding support for OTHER disabilities is a mixed bag. Color blindness comes in several types and severeties, making a game capable of handling all of them would be absurd and would severely limit art style/color schemes. Maybe consoles themselves should have an option for multiple Color Blind modes, that would apply a filter that helps MOST of the time? Obviously, there's really no way to help people who are completely blind.

Physical disabilities are even harder to sort out, and it's absolutely not really a game developer's job to make a controller that works for someone's specific impairment. That's a job for companies that make other assistance tools.

I think instead of saying "you need to make games handicap-accessible" as a blanket statement, the ACS and ESA need to discuss specific changes. Otherwise, there will ALWAYS ALWAYS ALWAYS be a way for someone to NOT be able to play a game, and get it labeled "not handicap accessible".
 
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25. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 09:18 Ozmodan
 
Cutter wrote on Nov 18, 2017, 17:15:
Ozmodan wrote on Nov 18, 2017, 15:25:
Creston wrote on Nov 18, 2017, 14:43:
Write Ajit Pai a check for $25 (he's a really cheap whore) and he'll be happy to grant you whatever you want.

Well it was a FCC appointed by the democrats that came up with this ridiculous idea in the first place. Can't think of a stupider idea than accessibility requirements on video games.

Well I sure hope you end up blind and deaf and then come tell us how the handicapped don't deserve any consideration or protection. Fucking jerk.
Gee sorry you got upset, please explain how you are going to add handicapped accessibility to games??? Beyond that the concept is silly from the start, it would add a LOT of development to games which would severely hamper any content.

Anyone who thinks this is a good idea is challenged.
 
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24. No subject Nov 19, 2017, 08:57 Mashiki Amiketo
 
NKD wrote on Nov 18, 2017, 21:26:
We wanted Bernie, or someone else who is actually a change from the status quo. Not Robo-Hillary the worlds least convincing android. Hillary had nothing but defeatist rhetoric that promised nothing. The only reason she got any votes is that she was up against Donald Trump, a man who has been a walking joke in this country for 40 years.
And yet...yet...when it came to light that she rigged the primary it was only the fringes that were angry. The establishment inside just waved their hands and said it's okay. Then when it came to light that Sanders actually knew that it was rigged, and got a payment off for it. Democrats still hummed and said wellllll that's okay. And you just had an election for a new party leader and who got elected? More of the same. Face it, the democrats are infested top to bottom and worse off then the republicans. At least they've been challenging people and running primary challengers.

At the rate you're going it's going to take 40 years to fix that party, providing it doesn't collapse under it's own corruption.
 
--
"For every human problem,
there is a neat, simple solution;
and it is always wrong."
--H.L. Mencken
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23. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 06:33 Bub
 
The same know-nothings that rail against accessibility efforts are the same folk who once they reach 65+ and develop mild arthritis rush to thier doctor for a note for handicapped parking.  
Avatar 58208
 
==================================================
Bubb Stubbley
... I miss BBS..
"There is a sucker born every minute." - PT Barnum
==================================================
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22. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 06:13 eRe4s3r
 
HorrorScope wrote on Nov 18, 2017, 22:05:
Cutter wrote on Nov 18, 2017, 21:31:
HorrorScope wrote on Nov 18, 2017, 19:16:
Personally I don't think there needs to be a law for this.

Handicap products, are markets certain companies target. Almost all products made are NOT handicap ready. Blenders, toilets, guns etc. There are non-handicap based companies in an open market and then there are handicap variants other companies target. But not all products. Impossible.

And where do you draw the handicap line? Guy with a hitch in his gate has to be accompanied? Guy with no hands the same? And if you do draw a line somewhere, why? It's like we have a line today, you are just moving it, not encompassing all. All product need hand, feet, eye and voice controls, cause ya know there is someone out there that needs it. It's not feasible.

Games are not essential and it is silly a company has to do something like this if they don't want to, these are markets, these are freedoms, this isn't evil. And if all games have to, why not all blenders, toilets, cars and guns? It simply has to fall into the category of "life isn't fair". We can still strive to be better, but a law for all, ya no.

Yeah, well im my first resto I opened we had to install a handicapped bathroom at a cost of 5 grand. Which we couldn't afford at the time, and ended up having to blow off our keg fridge for a year because of it, and to this day I sincerely doubt that one single handicapped person - someone who would need a handicapped bathroom - has ever even entered the place. And every other business and service out there has to make accommodation for the handicapped so if we have to suck it up so should they. Most games come with subtitles already so that's not a stretch anyway. I don't know how the hell you'd make a videogame for the blind however. And it's not like the publishers couldn't afford it. It may not be fair but being handicapped is a hell of a lot more unfair. Try walking around for even one day as a blind or deaf person and you'll see.

I want to make a game, I have to abide by this? Or is this only some games? I won't have a publisher, nor can I afford. So store and video games "have to". Well what about 1000000 other things that aren't today? Yes there is one wheelchair guy in every area that will make your store be compliant. It's a public space, video games aren't a public space and far from anything essential.

As long as you do subtitles and rebinding for controls you are fine... bonus points for the color impairments, but that can be avoided with some good upfront design principles. Ie, don't mix orange, gold yellow and light green.
 
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21. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 05:43 Burrito of Peace
 
ledhead1969 wrote on Nov 18, 2017, 21:00:
Burrito of Peace wrote on Nov 18, 2017, 18:29:
dubfanatic wrote on Nov 18, 2017, 17:43:
hahahah rethugliKKKans are stupid!

Well, let's see:

They fronted Trump
They're defending Moore
They've fucked anyone NOT in the 1% with their tax plan
They desperately tried to fuck over people who need health insurance
They're doing their damnedest to kill net neutrality
They're gutting the EPA
They've gone specifically out of their way to deny actual, data driven science so they can appoint their political cronie buddies

...and the list goes on.

So, yeah, they are pretty fucking stupid.

Hillary Clinton will NEVER be president of the United States.

/thread

The sky is blue, water is wet, and the wind blows. So? What's your point? Do you have one outside of threadbare Fox Newsesque "quips"?
 
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20. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 19, 2017, 02:25 El Pit
 
EA is planning lootboxes which occassionally contain ACS functions. So take a gamble, dear EA fans with disabilities! YAY!  
They're waiting for you, Gabe, in the test chamber!
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19. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 18, 2017, 22:05 HorrorScope
 
Cutter wrote on Nov 18, 2017, 21:31:
HorrorScope wrote on Nov 18, 2017, 19:16:
Personally I don't think there needs to be a law for this.

Handicap products, are markets certain companies target. Almost all products made are NOT handicap ready. Blenders, toilets, guns etc. There are non-handicap based companies in an open market and then there are handicap variants other companies target. But not all products. Impossible.

And where do you draw the handicap line? Guy with a hitch in his gate has to be accompanied? Guy with no hands the same? And if you do draw a line somewhere, why? It's like we have a line today, you are just moving it, not encompassing all. All product need hand, feet, eye and voice controls, cause ya know there is someone out there that needs it. It's not feasible.

Games are not essential and it is silly a company has to do something like this if they don't want to, these are markets, these are freedoms, this isn't evil. And if all games have to, why not all blenders, toilets, cars and guns? It simply has to fall into the category of "life isn't fair". We can still strive to be better, but a law for all, ya no.

Yeah, well im my first resto I opened we had to install a handicapped bathroom at a cost of 5 grand. Which we couldn't afford at the time, and ended up having to blow off our keg fridge for a year because of it, and to this day I sincerely doubt that one single handicapped person - someone who would need a handicapped bathroom - has ever even entered the place. And every other business and service out there has to make accommodation for the handicapped so if we have to suck it up so should they. Most games come with subtitles already so that's not a stretch anyway. I don't know how the hell you'd make a videogame for the blind however. And it's not like the publishers couldn't afford it. It may not be fair but being handicapped is a hell of a lot more unfair. Try walking around for even one day as a blind or deaf person and you'll see.

I want to make a game, I have to abide by this? Or is this only some games? I won't have a publisher, nor can I afford. So store and video games "have to". Well what about 1000000 other things that aren't today? Yes there is one wheelchair guy in every area that will make your store be compliant. It's a public space, video games aren't a public space and far from anything essential.
 
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18. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 18, 2017, 21:31 Cutter
 
HorrorScope wrote on Nov 18, 2017, 19:16:
Personally I don't think there needs to be a law for this.

Handicap products, are markets certain companies target. Almost all products made are NOT handicap ready. Blenders, toilets, guns etc. There are non-handicap based companies in an open market and then there are handicap variants other companies target. But not all products. Impossible.

And where do you draw the handicap line? Guy with a hitch in his gate has to be accompanied? Guy with no hands the same? And if you do draw a line somewhere, why? It's like we have a line today, you are just moving it, not encompassing all. All product need hand, feet, eye and voice controls, cause ya know there is someone out there that needs it. It's not feasible.

Games are not essential and it is silly a company has to do something like this if they don't want to, these are markets, these are freedoms, this isn't evil. And if all games have to, why not all blenders, toilets, cars and guns? It simply has to fall into the category of "life isn't fair". We can still strive to be better, but a law for all, ya no.

Yeah, well im my first resto I opened we had to install a handicapped bathroom at a cost of 5 grand. Which we couldn't afford at the time, and ended up having to blow off our keg fridge for a year because of it, and to this day I sincerely doubt that one single handicapped person - someone who would need a handicapped bathroom - has ever even entered the place. And every other business and service out there has to make accommodation for the handicapped so if we have to suck it up so should they. Most games come with subtitles already so that's not a stretch anyway. I don't know how the hell you'd make a videogame for the blind however. And it's not like the publishers couldn't afford it. It may not be fair but being handicapped is a hell of a lot more unfair. Try walking around for even one day as a blind or deaf person and you'll see.
 
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You've got to be cruel to be kind...in the right measure.
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17. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 18, 2017, 21:26 NKD
 
ledhead1969 wrote on Nov 18, 2017, 21:00:
Hillary Clinton will NEVER be president of the United States.

Tell that to Fox News, they seem to think she's the #1 threat. You people spend so much time in your echo chamber you fail to see that no one on the left outside of the DNC establishment gives a fuck about Hillary Clinton or has any interest in defending anything she has done or is accused of doing.

We wanted Bernie, or someone else who is actually a change from the status quo. Not Robo-Hillary the worlds least convincing android. Hillary had nothing but defeatist rhetoric that promised nothing. The only reason she got any votes is that she was up against Donald Trump, a man who has been a walking joke in this country for 40 years.
 
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You are being watched.
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16. Re: ESA Seeking Final Disabilities Access Waiver Extension Nov 18, 2017, 21:12 RedEye9
 
ledhead1969 wrote on Nov 18, 2017, 21:00:
Burrito of Peace wrote on Nov 18, 2017, 18:29:
dubfanatic wrote on Nov 18, 2017, 17:43:
hahahah rethugliKKKans are stupid!

Well, let's see:

They fronted Trump
They're defending Moore
They've fucked anyone NOT in the 1% with their tax plan
They desperately tried to fuck over people who need health insurance
They're doing their damnedest to kill net neutrality
They're gutting the EPA
They've gone specifically out of their way to deny actual, data driven science so they can appoint their political cronie buddies

...and the list goes on.

So, yeah, they are pretty fucking stupid.
Hillary Clinton won the popular vote for President of the United States
Amen braindead87
 
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