There are 2 messages in this issue.
Topics in this digest:
1. [Net-Gold] Do Web Sites Need to Be Accessible to the Blind?
From: David P. Dillard
2. DATABASES: MEDICAL HEALTH BIOSCIENCES BIOLOGY PSYCHOLOGY : DATABASES
From: David P. Dillard
Messages
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1. [Net-Gold] Do Web Sites Need to Be Accessible to the Blind?
Posted by: "David P. Dillard" [EMAIL PROTECTED] jwneastro
Date: Wed Jan 10, 2007 3:46 am ((PST))
Date: Wed, 10 Jan 2007 03:22:03 -0800 (PST)
From: Sue Fraser <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
To: Net-Gold <[EMAIL PROTECTED]>
Subject: [Net-Gold] Do Web Sites Need to Be Accessible to the Blind?
This article requires a FREE subscription to
Law.com
<http://www.law.com>
Do Web Sites Need to Be Accessible to the Blind?
Carla J. Rozycki and David K. Haase
Special to Law.com
January 10, 2007
An advocacy group has sued Target Corp., claiming that Target's Web site
is incompatible with software used by the blind and that such
incompatibility is a violation of the Americans with Disabilities Act
(ADA).
In National Federation for the Blind v. Target Corp. (__ Supp.2d __, 2006
WL 2578282 [N.D. Cal. Sept. 6, 2006]), the U.S. District Court for the
Northern District of California refused to dismiss those claims, leaving
many questions unanswered for entities operating Web sites. TITLE III OF
THE AMERICANS WITH DISABILITIES ACT
In 1990, Congress enacted the ADA to establish a comprehensive prohibition
of discrimination on the basis of disability and, in certain
circumstances, to require affirmative efforts to accommodate individuals
with disabilities. Title III of the ADA provides for accessibility of
places of public accommodation.
The ADA defines a "place of public accommodation" as a facility, operated
by a private entity, whose operations affect commerce and fall within at
least one of 12 specified categories. 42 U.S.C. ยง12181(7).
The statute and implementing regulations were enacted before the Internet
became an everyday tool and do not expressly state whether the Internet is
a place of public accommodation. The Department of Justice has
consistently taken the position that it is -- for example, through the
filing of amicus briefs.
Courts have split on the issue. The U.S. Courts of Appeals for the 6th and
9th Circuits and a district court in Florida have held that a public place
of accommodation must be a physical location. (See, for example, Parker v.
Metro. Life Ins. Co., 121 F.3d 1006 (6th Cir. 1997); Weyer v. Twentieth
Century Fox Film Corp., 198 F.3d 1104, 1114 (9th Cir. 2000); Access Now,
Inc. v. Southwest Airlines Co., 227 F.Supp.2d 1312 (S.D. Fla. 2002),
appeal denied, 385 F.3d 1324 [11th Cir. 2004].)
In contrast, the 1st U.S. Circuit Court of Appeals has stated that Title
III of the ADA is not limited to purely physical structures, although that
court did not address the Internet specifically. (Carparts v. Automotive
Wholesaler's Ass'n., 37 F.3d 12, 22-23 (1st Cir. 1994.) The 7th U.S.
Circuit Court of Appeals, in dicta, has stated that a Web site can be a
place of public accommodation. (Doe v. Mutual of Omaha Ins. Co., 179 F.3d
557, 559 (7th Cir. 1999.)
Similarly, the 11th U.S. Circuit Court of Appeals held that an automated
method of selecting television show contestants was an intangible barrier
to a physical location in Rendon v. Valleycrest Productions, 294 F.3d 1279
(11th Cir. 2002).
In 2002, the United States District Court of the Northern District of
Georgia granted a preliminary injunction against the Atlanta public
transit agency in favor of several individuals who alleged violations of
the ADA, including nonaccessible information technology. (Martin v.
Metropolitan Atlanta Rapid Transit Authority, 225 F. Supp. 2d 1362 (N.D.
Ga. 2002.) However, the Martin case involved Title II of the ADA dealing
with "public agencies" as opposed to Title III, which deals with "public
accommodations."
<http://www.law.com/jsp/llf/index.js>
The entire article can be referenced at the above URL.
Sincerely,
Sue Fraser
[EMAIL PROTECTED]
Messages in this topic (1)
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2. DATABASES: MEDICAL HEALTH BIOSCIENCES BIOLOGY PSYCHOLOGY : DATABASES
Posted by: "David P. Dillard" [EMAIL PROTECTED] jwneastro
Date: Wed Jan 10, 2007 4:14 am ((PST))
DATABASES: MEDICAL HEALTH BIOSCIENCES BIOLOGY PSYCHOLOGY :
DATABASES: FULLTEXT :
MEDICAL: PERIODICALS :
PERIODICALS: ELECTRONIC: ONLINE: FULL TEXT:
UK PubMed Central Launched
UK PubMed Central Launched
<http://www.bl.uk/news/2006/pressrelease20070105.html>
New online resource to promote free access to research and further
biomedical discovery
9 January, 2007 From today scientists will be able to access a vast
collection of biomedical research and to submit their own published
results for inclusion in a new online resource. Based on a model currently
used by the US National Institute of Health, UK PubMed Central (UKPMC)
will provide free access to a permanent online archive of peer-reviewed
research papers in the medical and life sciences. See:
<http://www.ukpmc.ac.uk>
A nine-strong group of UK research funders, led by the Wellcome Trust,
awarded the contract to develop UKPMC to a partnership between the British
Library, The University of Manchester and the European Bioinformatics
Institute (EMBL-EBI) last July.
Many members of this group now require that articles describing the
results of research they support are made available in UKPMC with the aim
of maximising its impact. The UKPMC service will ensure that articles
resulting from research paid for by any member of the funding consortium
will be freely available to everybody, fully searchable and extensively
linked to other online resources.
Initially UKPMC mirrors the American PubMed Central database (hosted by
the NCBI at NIH). From today, UK scientists will also be able to submit
their research outputs for inclusion in UKPMC. Through 2007, and beyond,
the partners will develop innovative tools for UKPMC to further support
biomedical research. In this way, UKPMC will grow into a unique online
resource representing the UK's biomedical research output.
Richard Boulderstone, Director of e-Strategy and Programmes at the British
Library, said: UK PubMed Central will offer a sophisticated and exciting
new means of scholarly communication for biomedical researchers. Building
on the complementary strengths that the Library and its partners, the
University of Manchester and EMBL-EBI, bring to this project, we expect to
create a platform for the development of a whole range of new services for
the UK and European biomedical research community.
Mark Walport, Director of the Wellcome Trust commented: Medical research
is not complete until the results have been communicated. The development
of UKPMC provides a great opportunity for this research to be made freely
available, and I am very pleased that a first class partnership of the
British Library, the University of Manchester, and the European
Bioinformatics Institute will be running it.
He added: This is only the start, however, and over the next few years the
challenge will be to develop UKPMC so that it becomes the destination site
of choice for the international biomedical research community and all
those who are interested in discovering the results of groundbreaking
research first hand.
----------------------------------------
The complete article may be read at the URL above.
PubMed Central (PMC) is the U.S. National Institutes of Health (NIH) free
digital archive of biomedical and life sciences journal literature.
<http://www.pubmedcentral.nih.gov/>
<http://ukpmc.ac.uk/>
All searches are currently run at the US PMC site.
Search results have links back to UKPMC for the full text of articles.
Search results may include articles only available from the US PMC
archive.
Based on PubMed Central (PMC), the U.S. National Institutes of Health
(NIH) free digital archive of biomedical and life sciences journal
literature, UK PubMed Central (UKPMC) provides a stable, permanent, and
free-to-access online digital archive of full-text, peer-reviewed research
publications.
UKPMC is part of a network of PMC International (PMCI) repositories. PMCI
is a collaborative effort between the US National Library of Medicine
(NLM), the publishers whose journal content makes up the PMC archive, and
organizations in other countries that share NLM's interest in archiving
life sciences literature.
The UKPMC Funders Group, a mix of governmental and charitable research
funders in the United Kingdom, are funding the set-up, maintenance and
ongoing development of UKPMC.
Receive notice of new journals and other major updates to PMC: join the
PMC News mail list or subscribe to the PMC News RSS feed .
All the articles in PMC are free (sometimes on a delayed basis). Some
journals go beyond free, to Open Access. Find out what that means.
Open Access
<http://www.pubmedcentral.nih.gov/about/openaccess.html>
Definition of Open Access Publication
(from the Bethesda Statement on Open Access Publishing)
An Open Access Publication1 is one that meets the following two
conditions:
The author(s) and copyright holder(s) grant(s) to all users a free,
irrevocable, worldwide, perpetual right of access to, and a license to
copy, use, distribute, transmit and display the work publicly and to make
and distribute derivative works, in any digital medium for any responsible
purpose, subject to proper attribution of authorship2, as well as the
right to make small numbers of printed copies for their personal use.
A complete version of the work and all supplemental materials, including a
copy of the permission as stated above, in a suitable standard electronic
format is deposited immediately upon initial publication in at least one
online repository that is supported by an academic institution, scholarly
society, government agency, or other well-established organization that
seeks to enable open access, unrestricted distribution, interoperability,
and long-term archiving (for the biomedical sciences, PubMed Central is
such a repository).
1 Open access is a property of individual works, not necessarily journals
or publishers.
2 Community standards, rather than copyright law, will continue to provide
the mechanism for enforcement of proper attribution and responsible use of
the published work, as they do now.
Sincerely,
David Dillard
Temple University
(215) 204 - 4584
[EMAIL PROTECTED]
Net-Gold
<http://groups.yahoo.com/group/net-gold>
<http://listserv.temple.edu/archives/net-gold.html>
General Internet & Print Resources
<http://library.temple.edu/articles/subject_guides/general.jsp>
<http://www.learningis4everyone.org/>
<http://www.edu-cyberpg.com/ringleaders/davidd.html>
Digital Divide Network
<http://www.digitaldivide.net/profile/jwne>
Educator-Gold
<http://groups.yahoo.com/group/Educator-Gold/>
Messages in this topic (1)
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