Re: [Audyssey] Mainstream Access was Bavisoft

2010-12-05 Thread Ben
I wish I could help in any way possible...

-Original Message-
From: gamers-boun...@audyssey.org [mailto:gamers-boun...@audyssey.org] On
Behalf Of Thomas Ward
Sent: 30 November 2010 19:34
To: Gamers Discussion list
Subject: [Audyssey] Mainstream Access was Bavisoft

Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:
> This is again why I am convinced that smaller, indi games companies are
the
> way forward as far as game access goes rather than Lucas arts or similar.
>
> As Karl marx himself said 150 years ago, the overriding principle here is
> prophit, and prophit isn't a thing which pays any attention to the good of
> anyone, - and only takes into account their wants or desires to an
> extent that they may generate more prophit.
>
> While it's possible that, if in 20 or 30 or so years when gamers start
> losing their vision the major companies will take notice (and even then
> probably not), I doubt very much it'll happen in the mean time.
>
> Btw, it is probable George himself may have had a different opinion, not
> because I think anything particularly good of him, just because I've found
> generally speaking that if you speak to someone who actually takes time,
> trouble and pride in designing and creating things, they are much more
open
> ad receptive to change.
>
> I'm not saying all small developers are saints, - they

Re: [Audyssey] Mainstream Access was Bavisoft

2010-12-05 Thread Ben
So.  Where does the rebellion begin?  Endor, hoth, America... and who will
be the leader?  tom

-Original Message-
From: gamers-boun...@audyssey.org [mailto:gamers-boun...@audyssey.org] On
Behalf Of Thomas Ward
Sent: 30 November 2010 20:22
To: Gamers Discussion list
Subject: [Audyssey] Mainstream Access was Bavisoft

Hi Dark,

Smile. Too be quite honest that is a problem everywhere. There is some
stereotype that somehow having a visual disability also comes with a
lack of brains which is totally untrue.

You all have heard my story, my common complaint, of going to dinner
with my wife and the waitress asking my wife what I want to eat. If
sighted people don't have the common sense to ask a blind person
directly what he/she wants to eat as a normal human being with a brain
then how can we ask companies to produce games when doubtless they
suffer the same stereotypes and ignorance too. I think NFB, ACB, AFB,
etc have failed us in this regard is they haven't seamed to effect the
common perception that we are inteligent people with lives just like
anyone else. Why do we have to be short changed and treated like we
have a mental disfunction as well as a visual one?

As far as age goes I know a number of people aunts, uncles, friends,
in their late 50's and early 60's that love playing PC games, or at
least some of them anyway.  The thing is a lot of them need glasses or
contacts and although right now their visual problems can be corrected
their is going to be a day where they can and will probably need
something like Windows Narrator  or Windows Magnifier to read e-mail
etc as they won't be able to see the fonts to well etc. That will
likely effect their ability to play games too, and companies won't
bother until they begin seeing proffits falling do to lakc of interest
in access issues. That's the cold hard facts of the matter.

On 11/30/10, dark  wrote:
> Yes that is true ellena, I was over exaggerating just a bit and so was
> inaccurate.
>
> Actually I found the truth of this just yesterday when, while playing core
> exiles I ran into a lady in her 60's flying around in her ship with the
best
> of them.
>
> Of course now, if she developes some sort of eye problem and is forced to
> use a screen reader, she will find Ce quite playable, however this
obviously
> isn't the case for the vast majority of games.
>
> I think I tend to lose site of this sinse whenever I'd tried to do
> accessible games promotion over here with any of the central charities
like
> the royal national insttitute for the blind, I get the response that %75
of
> blind people are over 60 and thus gaming is "a minority interest" and
> therefore not worth people's time.
>
> This is however quite typical of said charities anyway, who seem to
> basically believe anything which they don't personally set up themselves
> isn't worth their time! they are also rather stuck in the mold of thinking
> anyone with a visual imparement also suffers from a distinct lack of
brain!
>
> Stil, I think as with most cases none of the various large companies will
> actually start taking notice until it affects their prophit margin.
>
> Beware the Grue!
>
> Dark.

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-12-04 Thread Ben
Go you and your ideas!  You have my whole-hearted backing on this thing!

-Original Message-
From: gamers-boun...@audyssey.org [mailto:gamers-boun...@audyssey.org] On
Behalf Of Thomas Ward
Sent: 30 November 2010 23:03
To: Gamers Discussion list
Subject: Re: [Audyssey] Mainstream Access was Bavisoft

Hi Bryan,

That's always possible, but I can think of cases were big name
companies and publishers have went to court and lost. For example, one
of the websites that hosts fan fiction stories was sued over it, and
the publisher that filed the suit lost. The reason had to do with the
fair use claus in the copyright law that says you can use a copyright
or trademark for education, if it is free, or advertises a certain
product or service, etc. A good lawyer, that represented the fan
fiction website, managed to convince the judge that fan fiction
represented a clear case of ffreedom of speech and that it was all
according to the fair use claus in the copyright law.  Which goes to
show just because someone is a copyright holder of a certain product,
service, or trademark doesn't mean they are all powerful.

Another case in point is Civilization. Now, I think we all remember
that game was massively huge in the mid 1990's. Not suprisingly
someone came out with Freeciv, an open source clone, and the author
has never legally been attacked over it. Big reason is the author
released it as as educational, released it as free, and made it
totally open source. Activision, who currently holds the copyrights
for Civilization, don't legally have grounds to sue because Freeciv is
protected by the fair use copyright laws.

My point being if a person such as myself created a Star Wars game,
released it as fan fiction, made it open source, etc it really weakens
their case because I don't stand to proffit from my work. More over I
could legally say I created this project as an educational example of
how Lucas Arts could make one of their own games accessible etc.  They
could trty and swing the judge their way, but the onis is on them to
prove how my freeware, open source, game has hurt the company. That
certainly can't say they lost millions of sales tdo to it because
sighted players wouldn't be interested in an audio only game, and they
themselves haven't attempted to target the VI market so who are they
kidding?

On 11/30/10, Bryan Peterson  wrote:
> You could theoretically but suing someone is expensive. It's often not
> worthwhile since even if you did get some financial award on your
> counterclaim it might be less than the court costs. It would probably be
> financial suicide to try to sue or countersue a big name company like
> Nintendo or Sony, even if you had legal grounds to do so. They probably
have
> hundreds of top notch lawyers who would beat the bushes to make sure the
> judge and jury saw their side and only their side of the argument.
> We are the Knights who say...Ni!

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread dark
In fairness gamefaqs message boards are known to be one huge hole of idiots, 
game bashers and people who are down right dodgy.


I myself gave up completely when I saw a 100 post topic on the Mega man 
aniversary collection page asking for roll hentai.


For those who don't know, roll is the female robot who is Mega man's sister 
and Hentai is, - well lets just say Japanese adult anime (very! adult 
anime), and leave it at that.


Beware the Grue!

Dark.
- Original Message - 
From: "Bryan Peterson" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 10:31 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft


I remember that. And I was pretty sure that was going to happen. That's why 
I was so against this suit. You should've seen the comments about that 
article about the blind guy beating Ocarina of Time. Then when a blind 
person posted a comment they got all suspicious about why blind people 
didn't post until now. Some of them even doubted the guy's blindness 
because he was using a computer. It's one ting to be crious but quite 
another to be rude about it. I myself got some flack a few years back when 
I posted on the Gamefaqs message boards about being blind. Needless to say 
I don't post on those boards anymore...

We are the Knights who say...Ni!
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 12:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Hayden Presley
Hi Thomas,
Not segregation in particular, but I think we can safely say that the two
are similar.

Best Regards,
Hayden


-Original Message-
From: gamers-boun...@audyssey.org [mailto:gamers-boun...@audyssey.org] On
Behalf Of Thomas Ward
Sent: Tuesday, November 30, 2010 7:33 PM
To: Gamers Discussion list
Subject: Re: [Audyssey] Mainstream Access was Bavisoft

Hi Hayden,

If you are talking about segregation that is a thing of the past in
the U.S. However, descrimination is a totally different story.
Descrimination is, and probably always will be, the human way of
things.It seams most people have some sort of pinheaded descrimination
based on someone's sex, disability, race, religion, or nationality.

With us though there are times companies can get away with
descrimination simply because we don't have a large enough
organization to fight for things like accessible video games or basic
things like making companies like G.E. to produce talking microwaves
for the general market. the organizations we do have such as NFB seam
to pass right over such issues and they rarely if ever take up an
issue or cause I think needs to be addressed.

Perhaps if NFB, ACB, and AFB got together and seriously pushed for
accessible vidio games for the XBox, Play Station, and Wii that might
actually get those companies attention and bring them to the table at
least. However, that's just dreaming because those organizations seam
to not have any interest in taking up game accessibility as an
important issue.

However, that's not the only one where organizations like that have
completely failed us. there are hundreds of devices from Track Phones
to DVD Recorders that are totally inaccessible from an accessibility
standpoint, and the NFB and friends sit by and do nothing, say
nothing, and we are falling behind the technological revolution. There
is frankly no excuse for companies not to add text to speech and other
features to their phone, DVD Recorder, etc other than they wanted to
cut costs somewhere, and we as customers of such devices are
expendable.



On 11/30/10, Hayden Presley  wrote:
> Hi,
> It's funny. You hear all this about how segregation is a thing of the
> past--but look at society today? Simply put, it's impossible to do away
with
> that kind of thing, unfortunately...if society can't go after one race,
> they'll go after another.
>
> Best Regards,
> Hayden

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Hayden,

If you are talking about segregation that is a thing of the past in
the U.S. However, descrimination is a totally different story.
Descrimination is, and probably always will be, the human way of
things.It seams most people have some sort of pinheaded descrimination
based on someone's sex, disability, race, religion, or nationality.

With us though there are times companies can get away with
descrimination simply because we don't have a large enough
organization to fight for things like accessible video games or basic
things like making companies like G.E. to produce talking microwaves
for the general market. the organizations we do have such as NFB seam
to pass right over such issues and they rarely if ever take up an
issue or cause I think needs to be addressed.

Perhaps if NFB, ACB, and AFB got together and seriously pushed for
accessible vidio games for the XBox, Play Station, and Wii that might
actually get those companies attention and bring them to the table at
least. However, that's just dreaming because those organizations seam
to not have any interest in taking up game accessibility as an
important issue.

However, that's not the only one where organizations like that have
completely failed us. there are hundreds of devices from Track Phones
to DVD Recorders that are totally inaccessible from an accessibility
standpoint, and the NFB and friends sit by and do nothing, say
nothing, and we are falling behind the technological revolution. There
is frankly no excuse for companies not to add text to speech and other
features to their phone, DVD Recorder, etc other than they wanted to
cut costs somewhere, and we as customers of such devices are
expendable.



On 11/30/10, Hayden Presley  wrote:
> Hi,
> It's funny. You hear all this about how segregation is a thing of the
> past--but look at society today? Simply put, it's impossible to do away with
> that kind of thing, unfortunately...if society can't go after one race,
> they'll go after another.
>
> Best Regards,
> Hayden

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Clement Chou
All depends on how you present yourself. I posted a topic on gamefaqs 
looking for someone to play me at Street Fighter, and got about half 
and half responses, though it seemed more positive than negative. But 
when I post about something else game-related that isn't related to 
blindness, people know who I am and treat me like anyone else.



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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Hayden Presley
Hi,
It's funny. You hear all this about how segregation is a thing of the
past--but look at society today? Simply put, it's impossible to do away with
that kind of thing, unfortunately...if society can't go after one race,
they'll go after another.

Best Regards,
Hayden


-Original Message-
From: gamers-boun...@audyssey.org [mailto:gamers-boun...@audyssey.org] On
Behalf Of Thomas Ward
Sent: Tuesday, November 30, 2010 2:04 PM
To: Gamers Discussion list
Subject: [Audyssey] Mainstream Access was Bavisoft

Hi Eleanor,

While I think your paper, Gaming on a Collision Course,  was well
written I think the big problem is that it is all too easy for an
individual let alone a company to overlook problems/issues that they
personally don't have. If someone isn't totally blind, or know someone
who is totally blind, it is hard to convince that person it is in
his/her interest to spend the time and money on researching universal
acccess issues unless the stand to lose a substantial amount of money
because of it. That's where that 25% or 26% of baby boomers will come
in handy in a few years. If they do begin needing accessible games and
make their voices heard or stop buying games completely it is going to
make Nintendo and other companies take notice that they have a
financial crisis coming. Until that day comes they are going to
proceed as normal. To them your paper is only theoretical, and they
aren't looking at the big picture.

When it comes to the mainstream in general and access issues we are
second class citizens I'm afraid. For example, when Game Spot did the
access article on the games we can play the mainstream reaction was
cool, neet, and so on. However, when Game Spot did an article on the
case where that teenager sued one of the game companies, I want to say
Sony, over accessibility the mainstream reaction was derogatory and
down right hostile.

"How can a blind guy play games? This case is stupid, because we all
know blind people can't play vidio games. If they want games perhaps
they should just hire someone to make them some games and leave us
alone."

I have to say reading comments like that were pretty disheartening in
the extreme. It is not only the companies that treat us that way, but
the mainstream public has a pretty dim view of people with
disabilities and what we should have equal rights too as well.  There
is just something wrong with the public's attitude that says that we
are some kind of second class citizen and shouldn't ask or demand
anything from mainstream companies even though it is a form of
outright descrimination on their part.



On 11/30/10, Eleanor  wrote:
> Dark said -"
>
> While it's possible that, if in 20 or 30 or so years when gamers start
> losing their vision the major companies will take notice (and even then
> probably not), I doubt very much it'll happen in the mean time."
>
>
> It won't take nearly that long.  The 2010 ESA Essential Facts paper
> indicated that 26%of the gamers are over 50 years old.  Since over 40%
> of people 65 and older report at least one disability(US census data),
> and the baby boomers are sixty or older, there are a lot of gamers who
> need accessibility options built in now and in the upcoming years.
> Obviously this is not all blind and VI problems, but it should mean
> something to mainstream developers that they are losing potential
> customers, right now, not 20 or 30 years from now!  And it will only
> increase as the trend for older folk to play games continues!
>
> When you add the older gamers to the mix it becomes a little easier to
> think about profitability if you add at least some accessibility
> accommodations to your games.
>
> But our paper, Gaming on a Collision Course didn't manage to convince
> many developers that they should go that route - some of the blog
> comments were pretty derogatory!
>
> Eleanor Robinson
> 7-128 Software
>
>
>
>
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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Hayden Presley
Hi,
Lol...some how I doubt that's an old joke...

Best Regards,
Hayden


-Original Message-
From: gamers-boun...@audyssey.org [mailto:gamers-boun...@audyssey.org] On
Behalf Of dark
Sent: Tuesday, November 30, 2010 3:09 PM
To: Gamers Discussion list
Subject: Re: [Audyssey] Mainstream Access was Bavisoft

We;Well Tom, things haven't got quite that sue crazy over here,  mostly 
because (as my brother frequently says), "don't mess with the judge!" sinse 
anyone bringing something that stupid as soon as it goes to trial would 
probably have the case dismissed and might even get done themselves for 
contempt of court.

About the bloggers, it reminds me of the old surgion joke.

Three doctors are discussing what sort of patients they like treating most.

the first says he likes treating the military grunts, sinse all their organs

are in strict! regimental order and never move out of line.

The second claimes to like treating Japanese software developers, because 
all the organs are very small with lables, and there is always an 
instruction manual.

The third surgion says the others are both wrong. The best people to treat 
are facebook users, sinse there are only two really major organs,  the 
mouth and the anus, and they're both located in the same place ;D.

Beware the Grue!

Dark. 


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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Hayden Presley
Hi Thomas,
Hmmm... Wonder if Lucas themselves would see it the same way?

Best Regards,
Hayden


-Original Message-
From: gamers-boun...@audyssey.org [mailto:gamers-boun...@audyssey.org] On
Behalf Of Thomas Ward
Sent: Tuesday, November 30, 2010 5:03 PM
To: Gamers Discussion list
Subject: Re: [Audyssey] Mainstream Access was Bavisoft

Hi Bryan,

That's always possible, but I can think of cases were big name
companies and publishers have went to court and lost. For example, one
of the websites that hosts fan fiction stories was sued over it, and
the publisher that filed the suit lost. The reason had to do with the
fair use claus in the copyright law that says you can use a copyright
or trademark for education, if it is free, or advertises a certain
product or service, etc. A good lawyer, that represented the fan
fiction website, managed to convince the judge that fan fiction
represented a clear case of ffreedom of speech and that it was all
according to the fair use claus in the copyright law.  Which goes to
show just because someone is a copyright holder of a certain product,
service, or trademark doesn't mean they are all powerful.

Another case in point is Civilization. Now, I think we all remember
that game was massively huge in the mid 1990's. Not suprisingly
someone came out with Freeciv, an open source clone, and the author
has never legally been attacked over it. Big reason is the author
released it as as educational, released it as free, and made it
totally open source. Activision, who currently holds the copyrights
for Civilization, don't legally have grounds to sue because Freeciv is
protected by the fair use copyright laws.

My point being if a person such as myself created a Star Wars game,
released it as fan fiction, made it open source, etc it really weakens
their case because I don't stand to proffit from my work. More over I
could legally say I created this project as an educational example of
how Lucas Arts could make one of their own games accessible etc.  They
could trty and swing the judge their way, but the onis is on them to
prove how my freeware, open source, game has hurt the company. That
certainly can't say they lost millions of sales tdo to it because
sighted players wouldn't be interested in an audio only game, and they
themselves haven't attempted to target the VI market so who are they
kidding?

On 11/30/10, Bryan Peterson  wrote:
> You could theoretically but suing someone is expensive. It's often not
> worthwhile since even if you did get some financial award on your
> counterclaim it might be less than the court costs. It would probably be
> financial suicide to try to sue or countersue a big name company like
> Nintendo or Sony, even if you had legal grounds to do so. They probably
have
> hundreds of top notch lawyers who would beat the bushes to make sure the
> judge and jury saw their side and only their side of the argument.
> We are the Knights who say...Ni!

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Bryan,

That's always possible, but I can think of cases were big name
companies and publishers have went to court and lost. For example, one
of the websites that hosts fan fiction stories was sued over it, and
the publisher that filed the suit lost. The reason had to do with the
fair use claus in the copyright law that says you can use a copyright
or trademark for education, if it is free, or advertises a certain
product or service, etc. A good lawyer, that represented the fan
fiction website, managed to convince the judge that fan fiction
represented a clear case of ffreedom of speech and that it was all
according to the fair use claus in the copyright law.  Which goes to
show just because someone is a copyright holder of a certain product,
service, or trademark doesn't mean they are all powerful.

Another case in point is Civilization. Now, I think we all remember
that game was massively huge in the mid 1990's. Not suprisingly
someone came out with Freeciv, an open source clone, and the author
has never legally been attacked over it. Big reason is the author
released it as as educational, released it as free, and made it
totally open source. Activision, who currently holds the copyrights
for Civilization, don't legally have grounds to sue because Freeciv is
protected by the fair use copyright laws.

My point being if a person such as myself created a Star Wars game,
released it as fan fiction, made it open source, etc it really weakens
their case because I don't stand to proffit from my work. More over I
could legally say I created this project as an educational example of
how Lucas Arts could make one of their own games accessible etc.  They
could trty and swing the judge their way, but the onis is on them to
prove how my freeware, open source, game has hurt the company. That
certainly can't say they lost millions of sales tdo to it because
sighted players wouldn't be interested in an audio only game, and they
themselves haven't attempted to target the VI market so who are they
kidding?

On 11/30/10, Bryan Peterson  wrote:
> You could theoretically but suing someone is expensive. It's often not
> worthwhile since even if you did get some financial award on your
> counterclaim it might be less than the court costs. It would probably be
> financial suicide to try to sue or countersue a big name company like
> Nintendo or Sony, even if you had legal grounds to do so. They probably have
> hundreds of top notch lawyers who would beat the bushes to make sure the
> judge and jury saw their side and only their side of the argument.
> We are the Knights who say...Ni!

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Dark,

Yes, I think suing Sony falls into that type of catagory because it is
making demands without the party offering anything substantial in
return. If we expect Sony, Nintendo, E.A. Games, or anyone else to
listen to us we need to do our part too. We need to research the issue
and first find out if what we want is technically and financially
possible, and then present our case to them  in a reasonable manner.
We'll get further if we actually have a researched case with technical
examples rather than suing with no real idea how our demands can or
should be implemented, because their argument is going to be no it
isn't possible for reason x. Therefore we have to be able to convince
them otherwise. Which is the problem with the Sony case.

The person who sued them made demands that access features be
implemented, but from what I can tell from the public records he and
his lawyer hhaven't got a clue how such features could or shold be
added to their existing titles. It sets a bad president because a
company isn't going to respond positively to that kind of case unless
you have concrete proof that this or that can be done, and that isn't
going to cost them a fortune in gold to do it.

One of the things we need to do is come up with simple quick solutions
they can implement right away. How about a targeting indecator that
lets a blind player know if the weapon is lined up for a kill shot?
What about having a double beep to indicate the top of a menu and a
single beep for each menu selection? How about a few sound files that
speaks the color of the health bar, and other graphical status
messages?

As I said not all the changes we would want or need have to be
complicated. We just need to get those points to the people who count
so they can implement them.  Access doesn't mean big expensive
rewrites or complicated changes to make certain games more or less
accessible.

Here in the U.S.A. the U.S. armed forces has a basic rule regarding
the rules of engagement. Quite simply do not fire unless fired upon.
This is a very good rule to follow in life as it keeps you out of
trouble. When handling big fortune 500 companies like Sony and
Nintendo it applies equally true.

If we get together and file a class action lawsuit against Nintendo,
Sony, Activision, Lucas Arts, and anyone else you want to add to the
mix their p.r. people are going to try and make it look like we are
making unreasonable demands. The press can go both ways with a case
like that, and although it is a civil rights issue it will probably
look like we are being too demanding, expecting handouts, or
whatever.Some of us do have the attitude society owes something to us,
and that will definitely get communicated to the public.

Now, if I wrote a game like Jedi Knight, Super Marrio, Castlevania,
Megaman, or some other high profile game and got sued over it that
would be a different story. I'd probably get public sympathy, because
I'm just an average blind Joe, minding my own business, and not
harming the company and getting attacked. if I counter sued them I
think public opinion would be on my side as the company would clearly
be in the wrong for not creating accessible games in the first place,
and then not being available to be contacted about access issues in
the second. It is a totally different dinamic as far as I'm concerned.
Of course, this is all theoretical, but I don't think those companies
really want to sue a blind person for that fact. It would doubtless
bring about a lot of bad p.r.

Cheers!

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Bryan Peterson
I remember that. And I was pretty sure that was going to happen. That's why 
I was so against this suit. You should've seen the comments about that 
article about the blind guy beating Ocarina of Time. Then when a blind 
person posted a comment they got all suspicious about why blind people 
didn't post until now. Some of them even doubted the guy's blindness because 
he was using a computer. It's one ting to be crious but quite another to be 
rude about it. I myself got some flack a few years back when I posted on the 
Gamefaqs message boards about being blind. Needless to say I don't post on 
those boards anymore...

We are the Knights who say...Ni!
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 12:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:
This is again why I am convinced that smaller, indi games companies are 
the

way forward as far as game access goes rather than Lucas arts or similar.

As Karl marx himself said 150 years ago, the overriding principle here is
prophit, and prophit isn't a thing which pays any attention to the good 
of

anyone, - and only takes into account their wants or desires to an
extent that they may generate more prophit.

While it's possible that, if in 20 or 30 or so years when gamers start
l

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Bryan Peterson

That's when you sue someone.
We are the Knights who say...Ni!
- Original Message - 
From: "Shiny protector" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 2:10 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft



What is a loset?
- Original Message - 
From: "Bryan Peterson" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 9:05 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft


It means to sue someone back. If someone sues you and you file a lawsit 
against them it's a countersuit.

We are the Knights who say...Ni!
- Original Message - 
From: "Shiny protector" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 12:45 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft



What does countersued mean?
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 7:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:
This is again why I am convinced that smaller, indi games companies 
are the
way forward as far as game access goes rather than Lucas arts or 
similar.


As Karl marx himself said 150 years ago, the overriding principle here 
is
prophit, and prophit isn't a thing which pays any attention to the 
good of

anyone, -

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Bryan Peterson
I could imagine if Judge Judy was the presiding judge over such a case. You 
definitely don't mess with Judge Judy!

We are the Knights who say...Ni!
- Original Message - 
From: "dark" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 2:08 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft


We;Well Tom, things haven't got quite that sue crazy over here,   
mostly because (as my brother frequently says), "don't mess with the 
judge!" sinse anyone bringing something that stupid as soon as it goes to 
trial would probably have the case dismissed and might even get done 
themselves for contempt of court.


About the bloggers, it reminds me of the old surgion joke.

Three doctors are discussing what sort of patients they like treating 
most.


the first says he likes treating the military grunts, sinse all their 
organs are in strict! regimental order and never move out of line.


The second claimes to like treating Japanese software developers, because 
all the organs are very small with lables, and there is always an 
instruction manual.


The third surgion says the others are both wrong. The best people to treat 
are facebook users, sinse there are only two really major organs,  the 
mouth and the anus, and they're both located in the same place ;D.


Beware the Grue!

Dark.

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Bryan Peterson
I've had some experiences like that Dark. In fact I'm rather seriously 
toying wit the idea of writing a book to try to make light of that sort of 
stuff, even touching on the games issue.

We are the Knights who say...Ni!
- Original Message - 
From: "dark" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 1:57 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft



I've actually been considdering this issue as part of my phd.

I think to some extent it's due simply to people not recognizing that 
those with a visual imparement are, as you said yourself, people with 
their own lives. A few months ago, a new member of my light opera group 
was absolutely stunned because I contributed to a communal joke, and after 
that his atitude to me completely changed. You could almost here the gears 
click into place as he moved me from "weerd unknown blind man" catagory to 
"usual reasonable chap" catagory.


These days I tend to actually ask people to think about things.

If I'm out with a friend and get the "what does he want?" type response, I 
tend to ask why my friend would be likely to know, or answer myself. 
Usually though, sinse I'm actually the person who ends up talking to 
weighters etc this doesn't come up sinse they have no choice but to deal 
with me.


It rather reminds me of a friend of mine who has a mental illness who 
repeatedly tells people "I'm crazy! - not stupid"


Also though, there are indeed blind people who really don't help this idea 
by the way they interact with others.


For instance in one book I read, a sociologist, who's husband was 
blind,decided to pose as a blind person, ie mock guide dog harnice her dog 
and wear dark glasses and wander about with her husband.


The thing that shocked me though, was her atitude sinse she took no 
account of other's reactions or make any effort to behave reasonably.


On one occasion for instance she related an episode where she and her 
husband went into a large electronics shop, walked past the busy counter 
to an unoccupied one further in, waited to be served, simply demanded what 
they wanted without a hello or by your leave, and then complained the 
sales assistant was unreasonable.


There was no hello, no attempt to be personable, and above all, no 
recognition that they were asking the assistant to perform a service for 
them which would not usually be part of his job.


They simply expected him to function as a utility then complained when he 
didn't.


Yes, he "should!" help them access the stor contents, - but there was 
no attempt to treat him as a human being while doing so.


In an ideal world, all packits in shops would be braille labled, but as it 
is it's necessary to interact with others, and such interactions must! at 
least involve social graces otherwise disabled people are just selfishly 
demanding things.


To bring this back to access, I do wonder if the suing of sony fell into 
this catagory.


Beware the Grue!

Dark.

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Bryan Peterson
You could theoretically but suing someone is expensive. It's often not 
worthwhile since even if you did get some financial award on your 
counterclaim it might be less than the court costs. It would probably be 
financial suicide to try to sue or countersue a big name company like 
Nintendo or Sony, even if you had legal grounds to do so. They probably have 
hundreds of top notch lawyers who would beat the bushes to make sure the 
judge and jury saw their side and only their side of the argument.

We are the Knights who say...Ni!
- Original Message - 
From: "Shiny protector" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 1:56 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft


So, does that mean that if they try to sue you, you could sue them back? 
Like in reverse  order?
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 8:53 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft



Hi Muhammed,

Counter sue means that if you are sued for something you file a
lawsuit against the other party over some greavence you have with
them. For example, Nintendo tries to sue me for creating an accessible
version of Marrio I would have grounds to counter sue them for
accessibility and civil rights violations as they had not provided the
software in accessible format, nor were they available to be
questioned about getting propper permission to do the title.

Cheers!

On 11/30/10, Shiny protector  wrote:

What does counter sue mean?



- Original Message -
From: "Thomas Ward" 
To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 7:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this co

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread dark

A law sute is essentially the name for a legal grudge which goes to court.

If I wanted to sue you I would file a lawsuit, and you would be said to have 
a lawsuit against you.


Beware the Grue!

Dark. 



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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread dark

The hereing thing has a biological answer.

A nerv is like a light switch. it's either on or off, it can't be any 
stronger than it is.


That being said if you pay attention to one particular sense you'll gain 
more info from it anyway, for instance I regularly had arguements in 
aesthetics (philosophy of art and sensation), about whether a sense of smell 
could represent an object or not.


Most people argued that a sense of smell was only an incidental extra sense 
and not actually any use in discerning subtle qualities of objects.


I disagreed muchly, being as smell is yet another thing I use frequently in 
navigation along with hereing, touch, and my remaining vision. There is for 
instance one road in Durham which I'm able to find because of the Sub way on 
the corner, and I can always find my bank because the shop next to it is a 
news agent and grossers and I can thus smell paper etc.


Beware the Grue!

Dark. 



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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Shiny protector

What is a loset?
- Original Message - 
From: "Bryan Peterson" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 9:05 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft


It means to sue someone back. If someone sues you and you file a lawsit 
against them it's a countersuit.

We are the Knights who say...Ni!
- Original Message - 
From: "Shiny protector" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 12:45 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft



What does countersued mean?
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 7:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:
This is again why I am convinced that smaller, indi games companies are 
the
way forward as far as game access goes rather than Lucas arts or 
similar.


As Karl marx himself said 150 years ago, the overriding principle here 
is
prophit, and prophit isn't a thing which pays any attention to the good 
of

anyone, - and only takes into account their wants or desires to an
extent that they may generate more prophit.

While it's possible that, if in 20 or 30 or so years when gamers start
losing their vision the major companies will take notice (and even then
probably not), I d

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread dark
We;Well Tom, things haven't got quite that sue crazy over here,  mostly 
because (as my brother frequently says), "don't mess with the judge!" sinse 
anyone bringing something that stupid as soon as it goes to trial would 
probably have the case dismissed and might even get done themselves for 
contempt of court.


About the bloggers, it reminds me of the old surgion joke.

Three doctors are discussing what sort of patients they like treating most.

the first says he likes treating the military grunts, sinse all their organs 
are in strict! regimental order and never move out of line.


The second claimes to like treating Japanese software developers, because 
all the organs are very small with lables, and there is always an 
instruction manual.


The third surgion says the others are both wrong. The best people to treat 
are facebook users, sinse there are only two really major organs,  the 
mouth and the anus, and they're both located in the same place ;D.


Beware the Grue!

Dark. 



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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Bryan Peterson
It means to sue someone back. If someone sues you and you file a lawsit 
against them it's a countersuit.

We are the Knights who say...Ni!
- Original Message - 
From: "Shiny protector" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 12:45 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft



What does countersued mean?
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 7:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:
This is again why I am convinced that smaller, indi games companies are 
the
way forward as far as game access goes rather than Lucas arts or 
similar.


As Karl marx himself said 150 years ago, the overriding principle here 
is
prophit, and prophit isn't a thing which pays any attention to the good 
of

anyone, - and only takes into account their wants or desires to an
extent that they may generate more prophit.

While it's possible that, if in 20 or 30 or so years when gamers start
losing their vision the major companies will take notice (and even then
probably not), I doubt very much it'll happen in the mean time.

Btw, it is probable George himself may have had a different opinion, not
because I think anything particularly good of him, just because I've 
found

generally speaking 

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread dark

I've actually been considdering this issue as part of my phd.

I think to some extent it's due simply to people not recognizing that those 
with a visual imparement are, as you said yourself, people with their own 
lives. A few months ago, a new member of my light opera group was absolutely 
stunned because I contributed to a communal joke, and after that his atitude 
to me completely changed. You could almost here the gears click into place 
as he moved me from "weerd unknown blind man" catagory to "usual reasonable 
chap" catagory.


These days I tend to actually ask people to think about things.

If I'm out with a friend and get the "what does he want?" type response, I 
tend to ask why my friend would be likely to know, or answer myself. Usually 
though, sinse I'm actually the person who ends up talking to weighters etc 
this doesn't come up sinse they have no choice but to deal with me.


It rather reminds me of a friend of mine who has a mental illness who 
repeatedly tells people "I'm crazy! - not stupid"


Also though, there are indeed blind people who really don't help this idea 
by the way they interact with others.


For instance in one book I read, a sociologist, who's husband was 
blind,decided to pose as a blind person, ie mock guide dog harnice her dog 
and wear dark glasses and wander about with her husband.


The thing that shocked me though, was her atitude sinse she took no account 
of other's reactions or make any effort to behave reasonably.


On one occasion for instance she related an episode where she and her 
husband went into a large electronics shop, walked past the busy counter to 
an unoccupied one further in, waited to be served, simply demanded what they 
wanted without a hello or by your leave, and then complained the sales 
assistant was unreasonable.


There was no hello, no attempt to be personable, and above all, no 
recognition that they were asking the assistant to perform a service for 
them which would not usually be part of his job.


They simply expected him to function as a utility then complained when he 
didn't.


Yes, he "should!" help them access the stor contents, - but there was no 
attempt to treat him as a human being while doing so.


In an ideal world, all packits in shops would be braille labled, but as it 
is it's necessary to interact with others, and such interactions must! at 
least involve social graces otherwise disabled people are just selfishly 
demanding things.


To bring this back to access, I do wonder if the suing of sony fell into 
this catagory.


Beware the Grue!

Dark. 



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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Shiny protector
So, does that mean that if they try to sue you, you could sue them back? 
Like in reverse  order?
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 8:53 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft



Hi Muhammed,

Counter sue means that if you are sued for something you file a
lawsuit against the other party over some greavence you have with
them. For example, Nintendo tries to sue me for creating an accessible
version of Marrio I would have grounds to counter sue them for
accessibility and civil rights violations as they had not provided the
software in accessible format, nor were they available to be
questioned about getting propper permission to do the title.

Cheers!

On 11/30/10, Shiny protector  wrote:

What does counter sue mean?



- Original Message -
From: "Thomas Ward" 
To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 7:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:

This is again why I am convinced that smaller, indi games companies are
the
way forward as far as game access goes rather than Lucas arts or 
similar.


As Karl marx himself said 150 years ago, the overriding principle here 
is

prophit, and prophit isn't a thing which pays any attention to the good
of
anyone, - and only takes into accoun

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Shiny protector
Its the same with me here at school. Some people ask the teacher a question 
in stead of asking me, and my LSA says, ask him. Honestly, I don't have a 
complaint about it, but it just seems weird. I think the main problem's with 
us blind people is we haven't actually shown are true colours. For an 
example, sited people invent this nonsense thing that blind people could 
here much more better than sited people, etc, etc. But this is just a lode 
of crap. In my honest opinion, I think that it depends on how they were 
made, and on their genetics.
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 8:21 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Smile. Too be quite honest that is a problem everywhere. There is some
stereotype that somehow having a visual disability also comes with a
lack of brains which is totally untrue.

You all have heard my story, my common complaint, of going to dinner
with my wife and the waitress asking my wife what I want to eat. If
sighted people don't have the common sense to ask a blind person
directly what he/she wants to eat as a normal human being with a brain
then how can we ask companies to produce games when doubtless they
suffer the same stereotypes and ignorance too. I think NFB, ACB, AFB,
etc have failed us in this regard is they haven't seamed to effect the
common perception that we are inteligent people with lives just like
anyone else. Why do we have to be short changed and treated like we
have a mental disfunction as well as a visual one?

As far as age goes I know a number of people aunts, uncles, friends,
in their late 50's and early 60's that love playing PC games, or at
least some of them anyway.  The thing is a lot of them need glasses or
contacts and although right now their visual problems can be corrected
their is going to be a day where they can and will probably need
something like Windows Narrator  or Windows Magnifier to read e-mail
etc as they won't be able to see the fonts to well etc. That will
likely effect their ability to play games too, and companies won't
bother until they begin seeing proffits falling do to lakc of interest
in access issues. That's the cold hard facts of the matter.

On 11/30/10, dark  wrote:

Yes that is true ellena, I was over exaggerating just a bit and so was
inaccurate.

Actually I found the truth of this just yesterday when, while playing 
core
exiles I ran into a lady in her 60's flying around in her ship with the 
best

of them.

Of course now, if she developes some sort of eye problem and is forced to
use a screen reader, she will find Ce quite playable, however this 
obviously

isn't the case for the vast majority of games.

I think I tend to lose site of this sinse whenever I'd tried to do
accessible games promotion over here with any of the central charities 
like
the royal national insttitute for the blind, I get the response that %75 
of

blind people are over 60 and thus gaming is "a minority interest" and
therefore not worth people's time.

This is however quite typical of said charities anyway, who seem to
basically believe anything which they don't personally set up themselves
isn't worth their time! they are also rather stuck in the mold of 
thinking
anyone with a visual imparement also suffers from a distinct lack of 
brain!


Stil, I think as with most cases none of the various large companies will
actually start taking notice until it affects their prophit margin.

Beware the Grue!

Dark.


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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Muhammed,

Counter sue means that if you are sued for something you file a
lawsuit against the other party over some greavence you have with
them. For example, Nintendo tries to sue me for creating an accessible
version of Marrio I would have grounds to counter sue them for
accessibility and civil rights violations as they had not provided the
software in accessible format, nor were they available to be
questioned about getting propper permission to do the title.

Cheers!

On 11/30/10, Shiny protector  wrote:
> What does counter sue mean?

> - Original Message -
> From: "Thomas Ward" 
> To: "Gamers Discussion list" 
> Sent: Tuesday, November 30, 2010 7:34 PM
> Subject: [Audyssey] Mainstream Access was Bavisoft
>
>
>> Hi Dark,
>>
>> Yeah, I know. To be honest I'm just about fed up with talking to and
>> listening to mainstream game companies for that reason. Although, I'm
>> very aware of copyright laws I'm pretty much ready to say if I want to
>> play Super Mario Brothers, a Star Wars game, etc just go ahead and
>> write the thing and say to heck with copyright laws. After all
>> Nintendo, Lucas Arts, won't pay attention to us now, and the only
>> thing that actually gets their attention is copyright infringement. So
>> bring it on. What's the wworst they can do besides fining me and
>> getting a judge to make me stop production of said game/games?
>>
>> I'm willing to bet that they wouldn't be too willing to drag such a
>> case through the courts. Yeah, on the surface it might seam like a
>> simple case of copyright infringement, but if they do that to me I can
>> turn around and counter sue the company over civil rights violations.
>> It is the kind of explosive case that would get plenty of media
>> attention, negative publicity for them, and since it is a civil rights
>> issue could go all the way to the Supreme Court. Most companies don't
>> want to bring that kind of negative media attention upon themselves.
>>
>> "Today, Nintendo sued a blind developer for creating free clones of
>> Nintendo's classic arcade games such as Mario and Megaman for fellow
>> blind PC gamers. According to Mr. Ward he wrote the games because the
>> games are currently not accessible in a blind friendly format, and he
>> repeatedly tried to contact the company over access issues but got
>> stone walled. He says he plans to counter sue Nintendo over civil
>> rights violations, and take it to the Supreme Court if necessary."
>>
>> Great. I'm not sure such a news paper article or new broadcast would
>> help the company's image. Its that kind of negative publicity that has
>> them wanting to cover their butts, because it will make them look like
>> jurks and smear the company's name. Although, I'm not sure that kind
>> of negative publicity would effect most gamers though. I remember the
>> recent court case where a blind kid sued a major game company and the
>> opinions on Game Spot, Game Facts, etc were pretty negative towards
>> the blind guy. They were in fact downright hostile about the whole
>> situation as they felt that blind people don't need to play games,
>> that we shouldn't demand access, and we should go make our own games
>> or something. I have no idea if the general public shares this view,
>> but it is really a civil rights issue, and one that needs to be
>> addressed. Either they make the gmaes accessible or the allow
>> third-paryt developers like myself to create accessible versions for
>> limited distribution for blind gamers.
>>
>>
>> Thing is I'm all for a diplomatic solution. I'd love to sit down with
>> these guys and talk access and help them find ways to resolve the
>> issue. however, it seams like that solution has failed, and that the
>> only thing these companies will listen to is money or being ssued to
>> hell and back over it. Fortunately, for me I know a major crisis is
>> coming that will kick them in their complacency. The baby boomer
>> generation that holds a huge amount of wealth in this country is
>> reaching retirement age, and a lot of them started out with the Atari
>> 2600 and graduated to game systems like the Nintendo Wii in recent
>> years. What is Nintendo going to say in 10 years when a 70 year oldman
>> or woman can no longer play that Wii and they happen to be a large
>> majority of the citizens on planet earth with a large portion of the
>> wealth?
>>
>>
>>
>> Cheers!
>>
>>
>> On 11/30/10, dark  wrote:
>>> This is again why I am c

Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Dark,

Yeah, I agree. I'm not exactly a sue crazy idiot either. In fact, I've
thought several high profile cases here in the USA were just down
right stupid such as the case where the woman sued McDonald's for a
million bucks after she put her hot coffee between her legs and burned
herself down their. Its like, "Hello! How stupid can you be?"

Cases like that really prove what pinheads people can be, and that
lawyers will sue for anything regardless how stupid the case. However,
with the person who sued Sony he had good reason to sue, but had no
real idea how to get what he was asking for. At least if I were suing
them I have the technical skills to explain how certain access issues
can be overcome, and give them clear direction.  So in this case I
have something to offer them in return if they are willing to listen.

As for the bloggers I know the type you speak of. Loud mouthed idiots
that don't know their rear from a hole in the ground. They just like
shooting off their mouths to have something to say. The posters who
commented on the Game Spot article mentioned seamed to me to be
immature pinheads that were concerned that Sony would charge more for
their games, take longer to create games, etc if they were forced into
providing accessibility too.Plus they thought it was unnecessary,
because blind people aren't suppose to have a brain or be able to do
anything for ourselves anyway.  That was the general jist of it, and
it is clear that those kind of people don't have a brain themselves.
Most people who do have a brain are least willing to listen to our
side of things, and will make changes once they are made aware of the
issue or issues involved.

Cheers!



On 11/30/10, dark  wrote:
> Hi Tom.
>
> I generally don't like the hole suing culture that has grown up recently, in
> fact there have recently been several comments from the house of lords over
> here demanding some changes in law to get rid of the "if there's blame
> there's a claime" mentality (with my brother being a criminal lawyer, I do
> tend to here about such things).
>
> All that being said, I very much take your point, however the case of the
> blind chap suing sony has set a rather nasty pressident.
>
> In fact I personally didn't much like this hole case, sinse the chap involve
> had no ideas about what would be necessary to make existing games accessible
> and simply demanded they "should be" which really won't get anyone anywhere.
>
> Your idea of audio marrio and then taking nintendo to court when they
> complain seems much more logical, sinse it would only involve use of names
> and/or sounds from games, rather than demanding an actual change in law.
>
> However I do shudder to think of those legal costs.
>
> as regards blog comments etc, I'd ignore them, simply because the people who
> tend to write comments on blogs in such ways are usually loud mouthed idiots
> with nothing better to do.
>
> After talking to indi gamers and developers for quite a long time, I can say
> the aatitude of the majority of people who actually have the ability to
> think seems far less negative.
>
> Beware the Grue!
>
> Dark.

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread dark

How large is the company?

As I said, I generally think indepedent games companies are far more 
receptive to this sort of thing, and that's where most accessible games will 
come from.


Niels bauer is a very good example, as indeed is 7-128.

Also, what system does this brazillian company develope for?

Beware the Grue!

dark.
- Original Message - 
From: "Mauricio Almeida" 

To: 
Sent: Tuesday, November 30, 2010 9:00 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft


i have to say one thing about this:
blind games brasil just closed a partnership to help a brazilian
mainstream company to develop their games in an accessible way.
so indeed, we are making progress down here in brasil.

mauricio
-Mensagem original-
De: Thomas Ward 
Para: Gamers Discussion list 
Data: Terça, 30 de Novembro de 2010 15:03
Assunto: [Audyssey] Mainstream Access was Bavisoft

Hi Eleanor,

While I think your paper, Gaming on a Collision Course,  was well
written I think the big problem is that it is all too easy for an
individual let alone a company to overlook problems/issues that they
personally don't have. If someone isn't totally blind, or know someone
who is totally blind, it is hard to convince that person it is in
his/her interest to spend the time and money on researching universal
acccess issues unless the stand to lose a substantial amount of money
because of it. That's where that 25% or 26% of baby boomers will come
in handy in a few years. If they do begin needing accessible games and
make their voices heard or stop buying games completely it is going to
make Nintendo and other companies take notice that they have a
financial crisis coming. Until that day comes they are going to
proceed as normal. To them your paper is only theoretical, and they
aren't looking at the big picture.

When it comes to the mainstream in general and access issues we are
second class citizens I'm afraid. For example, when Game Spot did the
access article on the games we can play the mainstream reaction was
cool, neet, and so on. However, when Game Spot did an article on the
case where that teenager sued one of the game companies, I want to say
Sony, over accessibility the mainstream reaction was derogatory and
down right hostile.

"How can a blind guy play games? This case is stupid, because we all
know blind people can't play vidio games. If they want games perhaps
they should just hire someone to make them some games and leave us
alone."

I have to say reading comments like that were pretty disheartening in
the extreme. It is not only the companies that treat us that way, but
the mainstream public has a pretty dim view of people with
disabilities and what we should have equal rights too as well.  There
is just something wrong with the public's attitude that says that we
are some kind of second class citizen and shouldn't ask or demand
anything from mainstream companies even though it is a form of
outright descrimination on their part.



On 11/30/10, Eleanor  wrote:

Dark said -"

While it's possible that, if in 20 or 30 or so years when gamers start
losing their vision the major companies will take notice (and even then
probably not), I doubt very much it'll happen in the mean time."


It won't take nearly that long.  The 2010 ESA Essential Facts paper
indicated that 26%of the gamers are over 50 years old.  Since over 40%
of people 65 and older report at least one disability(US census data),
and the baby boomers are sixty or older, there are a lot of gamers who
need accessibility options built in now and in the upcoming years.
Obviously this is not all blind and VI problems, but it should mean
something to mainstream developers that they are losing potential
customers, right now, not 20 or 30 years from now!  And it will only
increase as the trend for older folk to play games continues!

When you add the older gamers to the mix it becomes a little easier to
think about profitability if you add at least some accessibility
accommodations to your games.

But our paper, Gaming on a Collision Course didn't manage to convince
many developers that they should go that route - some of the blog
comments were pretty derogatory!

Eleanor Robinson
7-128 Software




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[Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Dark,

Smile. Too be quite honest that is a problem everywhere. There is some
stereotype that somehow having a visual disability also comes with a
lack of brains which is totally untrue.

You all have heard my story, my common complaint, of going to dinner
with my wife and the waitress asking my wife what I want to eat. If
sighted people don't have the common sense to ask a blind person
directly what he/she wants to eat as a normal human being with a brain
then how can we ask companies to produce games when doubtless they
suffer the same stereotypes and ignorance too. I think NFB, ACB, AFB,
etc have failed us in this regard is they haven't seamed to effect the
common perception that we are inteligent people with lives just like
anyone else. Why do we have to be short changed and treated like we
have a mental disfunction as well as a visual one?

As far as age goes I know a number of people aunts, uncles, friends,
in their late 50's and early 60's that love playing PC games, or at
least some of them anyway.  The thing is a lot of them need glasses or
contacts and although right now their visual problems can be corrected
their is going to be a day where they can and will probably need
something like Windows Narrator  or Windows Magnifier to read e-mail
etc as they won't be able to see the fonts to well etc. That will
likely effect their ability to play games too, and companies won't
bother until they begin seeing proffits falling do to lakc of interest
in access issues. That's the cold hard facts of the matter.

On 11/30/10, dark  wrote:
> Yes that is true ellena, I was over exaggerating just a bit and so was
> inaccurate.
>
> Actually I found the truth of this just yesterday when, while playing core
> exiles I ran into a lady in her 60's flying around in her ship with the best
> of them.
>
> Of course now, if she developes some sort of eye problem and is forced to
> use a screen reader, she will find Ce quite playable, however this obviously
> isn't the case for the vast majority of games.
>
> I think I tend to lose site of this sinse whenever I'd tried to do
> accessible games promotion over here with any of the central charities like
> the royal national insttitute for the blind, I get the response that %75 of
> blind people are over 60 and thus gaming is "a minority interest" and
> therefore not worth people's time.
>
> This is however quite typical of said charities anyway, who seem to
> basically believe anything which they don't personally set up themselves
> isn't worth their time! they are also rather stuck in the mold of thinking
> anyone with a visual imparement also suffers from a distinct lack of brain!
>
> Stil, I think as with most cases none of the various large companies will
> actually start taking notice until it affects their prophit margin.
>
> Beware the Grue!
>
> Dark.

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Charles Rivard

In where?

---
Shepherds are the best beasts!
- Original Message - 
From: "Mauricio Almeida" 

To: 
Sent: Tuesday, November 30, 2010 3:00 PM
Subject: Re: [Audyssey] Mainstream Access was Bavisoft


i have to say one thing about this:
blind games brasil just closed a partnership to help a brazilian
mainstream company to develop their games in an accessible way.
so indeed, we are making progress down here in brasil.

mauricio
-Mensagem original-
De: Thomas Ward 
Para: Gamers Discussion list 
Data: Terça, 30 de Novembro de 2010 15:03
Assunto: [Audyssey] Mainstream Access was Bavisoft

Hi Eleanor,

While I think your paper, Gaming on a Collision Course,  was well
written I think the big problem is that it is all too easy for an
individual let alone a company to overlook problems/issues that they
personally don't have. If someone isn't totally blind, or know someone
who is totally blind, it is hard to convince that person it is in
his/her interest to spend the time and money on researching universal
acccess issues unless the stand to lose a substantial amount of money
because of it. That's where that 25% or 26% of baby boomers will come
in handy in a few years. If they do begin needing accessible games and
make their voices heard or stop buying games completely it is going to
make Nintendo and other companies take notice that they have a
financial crisis coming. Until that day comes they are going to
proceed as normal. To them your paper is only theoretical, and they
aren't looking at the big picture.

When it comes to the mainstream in general and access issues we are
second class citizens I'm afraid. For example, when Game Spot did the
access article on the games we can play the mainstream reaction was
cool, neet, and so on. However, when Game Spot did an article on the
case where that teenager sued one of the game companies, I want to say
Sony, over accessibility the mainstream reaction was derogatory and
down right hostile.

"How can a blind guy play games? This case is stupid, because we all
know blind people can't play vidio games. If they want games perhaps
they should just hire someone to make them some games and leave us
alone."

I have to say reading comments like that were pretty disheartening in
the extreme. It is not only the companies that treat us that way, but
the mainstream public has a pretty dim view of people with
disabilities and what we should have equal rights too as well.  There
is just something wrong with the public's attitude that says that we
are some kind of second class citizen and shouldn't ask or demand
anything from mainstream companies even though it is a form of
outright descrimination on their part.



On 11/30/10, Eleanor  wrote:

Dark said -"

While it's possible that, if in 20 or 30 or so years when gamers start
losing their vision the major companies will take notice (and even then
probably not), I doubt very much it'll happen in the mean time."


It won't take nearly that long.  The 2010 ESA Essential Facts paper
indicated that 26%of the gamers are over 50 years old.  Since over 40%
of people 65 and older report at least one disability(US census data),
and the baby boomers are sixty or older, there are a lot of gamers who
need accessibility options built in now and in the upcoming years.
Obviously this is not all blind and VI problems, but it should mean
something to mainstream developers that they are losing potential
customers, right now, not 20 or 30 years from now!  And it will only
increase as the trend for older folk to play games continues!

When you add the older gamers to the mix it becomes a little easier to
think about profitability if you add at least some accessibility
accommodations to your games.

But our paper, Gaming on a Collision Course didn't manage to convince
many developers that they should go that route - some of the blog
comments were pretty derogatory!

Eleanor Robinson
7-128 Software




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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Mauricio Almeida
i have to say one thing about this:
blind games brasil just closed a partnership to help a brazilian
mainstream company to develop their games in an accessible way.
so indeed, we are making progress down here in brasil.

mauricio
-Mensagem original-
De: Thomas Ward 
Para: Gamers Discussion list 
Data: Terça, 30 de Novembro de 2010 15:03
Assunto: [Audyssey] Mainstream Access was Bavisoft

Hi Eleanor,

While I think your paper, Gaming on a Collision Course,  was well
written I think the big problem is that it is all too easy for an
individual let alone a company to overlook problems/issues that they
personally don't have. If someone isn't totally blind, or know someone
who is totally blind, it is hard to convince that person it is in
his/her interest to spend the time and money on researching universal
acccess issues unless the stand to lose a substantial amount of money
because of it. That's where that 25% or 26% of baby boomers will come
in handy in a few years. If they do begin needing accessible games and
make their voices heard or stop buying games completely it is going to
make Nintendo and other companies take notice that they have a
financial crisis coming. Until that day comes they are going to
proceed as normal. To them your paper is only theoretical, and they
aren't looking at the big picture.

When it comes to the mainstream in general and access issues we are
second class citizens I'm afraid. For example, when Game Spot did the
access article on the games we can play the mainstream reaction was
cool, neet, and so on. However, when Game Spot did an article on the
case where that teenager sued one of the game companies, I want to say
Sony, over accessibility the mainstream reaction was derogatory and
down right hostile.

"How can a blind guy play games? This case is stupid, because we all
know blind people can't play vidio games. If they want games perhaps
they should just hire someone to make them some games and leave us
alone."

I have to say reading comments like that were pretty disheartening in
the extreme. It is not only the companies that treat us that way, but
the mainstream public has a pretty dim view of people with
disabilities and what we should have equal rights too as well.  There
is just something wrong with the public's attitude that says that we
are some kind of second class citizen and shouldn't ask or demand
anything from mainstream companies even though it is a form of
outright descrimination on their part.



On 11/30/10, Eleanor  wrote:
> Dark said -"
>
> While it's possible that, if in 20 or 30 or so years when gamers start
> losing their vision the major companies will take notice (and even then
> probably not), I doubt very much it'll happen in the mean time."
>
>
> It won't take nearly that long.  The 2010 ESA Essential Facts paper
> indicated that 26%of the gamers are over 50 years old.  Since over 40%
> of people 65 and older report at least one disability(US census data),
> and the baby boomers are sixty or older, there are a lot of gamers who
> need accessibility options built in now and in the upcoming years.
> Obviously this is not all blind and VI problems, but it should mean
> something to mainstream developers that they are losing potential
> customers, right now, not 20 or 30 years from now!  And it will only
> increase as the trend for older folk to play games continues!
>
> When you add the older gamers to the mix it becomes a little easier to
> think about profitability if you add at least some accessibility
> accommodations to your games.
>
> But our paper, Gaming on a Collision Course didn't manage to convince
> many developers that they should go that route - some of the blog
> comments were pretty derogatory!
>
> Eleanor Robinson
> 7-128 Software
>
>
>
>
> ---
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[Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Eleanor,

While I think your paper, Gaming on a Collision Course,  was well
written I think the big problem is that it is all too easy for an
individual let alone a company to overlook problems/issues that they
personally don't have. If someone isn't totally blind, or know someone
who is totally blind, it is hard to convince that person it is in
his/her interest to spend the time and money on researching universal
acccess issues unless the stand to lose a substantial amount of money
because of it. That's where that 25% or 26% of baby boomers will come
in handy in a few years. If they do begin needing accessible games and
make their voices heard or stop buying games completely it is going to
make Nintendo and other companies take notice that they have a
financial crisis coming. Until that day comes they are going to
proceed as normal. To them your paper is only theoretical, and they
aren't looking at the big picture.

When it comes to the mainstream in general and access issues we are
second class citizens I'm afraid. For example, when Game Spot did the
access article on the games we can play the mainstream reaction was
cool, neet, and so on. However, when Game Spot did an article on the
case where that teenager sued one of the game companies, I want to say
Sony, over accessibility the mainstream reaction was derogatory and
down right hostile.

"How can a blind guy play games? This case is stupid, because we all
know blind people can't play vidio games. If they want games perhaps
they should just hire someone to make them some games and leave us
alone."

I have to say reading comments like that were pretty disheartening in
the extreme. It is not only the companies that treat us that way, but
the mainstream public has a pretty dim view of people with
disabilities and what we should have equal rights too as well.  There
is just something wrong with the public's attitude that says that we
are some kind of second class citizen and shouldn't ask or demand
anything from mainstream companies even though it is a form of
outright descrimination on their part.



On 11/30/10, Eleanor  wrote:
> Dark said -"
>
> While it's possible that, if in 20 or 30 or so years when gamers start
> losing their vision the major companies will take notice (and even then
> probably not), I doubt very much it'll happen in the mean time."
>
>
> It won't take nearly that long.  The 2010 ESA Essential Facts paper
> indicated that 26%of the gamers are over 50 years old.  Since over 40%
> of people 65 and older report at least one disability(US census data),
> and the baby boomers are sixty or older, there are a lot of gamers who
> need accessibility options built in now and in the upcoming years.
> Obviously this is not all blind and VI problems, but it should mean
> something to mainstream developers that they are losing potential
> customers, right now, not 20 or 30 years from now!  And it will only
> increase as the trend for older folk to play games continues!
>
> When you add the older gamers to the mix it becomes a little easier to
> think about profitability if you add at least some accessibility
> accommodations to your games.
>
> But our paper, Gaming on a Collision Course didn't manage to convince
> many developers that they should go that route - some of the blog
> comments were pretty derogatory!
>
> Eleanor Robinson
> 7-128 Software
>
>
>
>
> ---
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> http://www.mail-archive.com/gam...@audyssey.org.
> If you have any questions or concerns regarding the management of the list,
> please send E-mail to gamers-ow...@audyssey.org.
>

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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread dark

Hi Tom.

I generally don't like the hole suing culture that has grown up recently, in 
fact there have recently been several comments from the house of lords over 
here demanding some changes in law to get rid of the "if there's blame 
there's a claime" mentality (with my brother being a criminal lawyer, I do 
tend to here about such things).


All that being said, I very much take your point, however the case of the 
blind chap suing sony has set a rather nasty pressident.


In fact I personally didn't much like this hole case, sinse the chap involve 
had no ideas about what would be necessary to make existing games accessible 
and simply demanded they "should be" which really won't get anyone anywhere.


Your idea of audio marrio and then taking nintendo to court when they 
complain seems much more logical, sinse it would only involve use of names 
and/or sounds from games, rather than demanding an actual change in law.


However I do shudder to think of those legal costs.

as regards blog comments etc, I'd ignore them, simply because the people who 
tend to write comments on blogs in such ways are usually loud mouthed idiots 
with nothing better to do.


After talking to indi gamers and developers for quite a long time, I can say 
the aatitude of the majority of people who actually have the ability to 
think seems far less negative.


Beware the Grue!

Dark. 



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Re: [Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Shiny protector

What does countersued mean?
- Original Message - 
From: "Thomas Ward" 

To: "Gamers Discussion list" 
Sent: Tuesday, November 30, 2010 7:34 PM
Subject: [Audyssey] Mainstream Access was Bavisoft



Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:
This is again why I am convinced that smaller, indi games companies are 
the

way forward as far as game access goes rather than Lucas arts or similar.

As Karl marx himself said 150 years ago, the overriding principle here is
prophit, and prophit isn't a thing which pays any attention to the good 
of

anyone, - and only takes into account their wants or desires to an
extent that they may generate more prophit.

While it's possible that, if in 20 or 30 or so years when gamers start
losing their vision the major companies will take notice (and even then
probably not), I doubt very much it'll happen in the mean time.

Btw, it is probable George himself may have had a different opinion, not
because I think anything particularly good of him, just because I've 
found

generally speaking that if you speak to someone who actually takes time,
trouble and pride in designing and creating things, they are much more 
open

ad receptive to change.

I'm not saying all small developers are saints, - they aren't, and 
I've

certainly had my share of people telling me to bugger off when I suggest
access changes, but I would say

[Audyssey] Mainstream Access was Bavisoft

2010-11-30 Thread Thomas Ward
Hi Dark,

Yeah, I know. To be honest I'm just about fed up with talking to and
listening to mainstream game companies for that reason. Although, I'm
very aware of copyright laws I'm pretty much ready to say if I want to
play Super Mario Brothers, a Star Wars game, etc just go ahead and
write the thing and say to heck with copyright laws. After all
Nintendo, Lucas Arts, won't pay attention to us now, and the only
thing that actually gets their attention is copyright infringement. So
bring it on. What's the wworst they can do besides fining me and
getting a judge to make me stop production of said game/games?

I'm willing to bet that they wouldn't be too willing to drag such a
case through the courts. Yeah, on the surface it might seam like a
simple case of copyright infringement, but if they do that to me I can
turn around and counter sue the company over civil rights violations.
It is the kind of explosive case that would get plenty of media
attention, negative publicity for them, and since it is a civil rights
issue could go all the way to the Supreme Court. Most companies don't
want to bring that kind of negative media attention upon themselves.

"Today, Nintendo sued a blind developer for creating free clones of
Nintendo's classic arcade games such as Mario and Megaman for fellow
blind PC gamers. According to Mr. Ward he wrote the games because the
games are currently not accessible in a blind friendly format, and he
repeatedly tried to contact the company over access issues but got
stone walled. He says he plans to counter sue Nintendo over civil
rights violations, and take it to the Supreme Court if necessary."

Great. I'm not sure such a news paper article or new broadcast would
help the company's image. Its that kind of negative publicity that has
them wanting to cover their butts, because it will make them look like
jurks and smear the company's name. Although, I'm not sure that kind
of negative publicity would effect most gamers though. I remember the
recent court case where a blind kid sued a major game company and the
opinions on Game Spot, Game Facts, etc were pretty negative towards
the blind guy. They were in fact downright hostile about the whole
situation as they felt that blind people don't need to play games,
that we shouldn't demand access, and we should go make our own games
or something. I have no idea if the general public shares this view,
but it is really a civil rights issue, and one that needs to be
addressed. Either they make the gmaes accessible or the allow
third-paryt developers like myself to create accessible versions for
limited distribution for blind gamers.


Thing is I'm all for a diplomatic solution. I'd love to sit down with
these guys and talk access and help them find ways to resolve the
issue. however, it seams like that solution has failed, and that the
only thing these companies will listen to is money or being ssued to
hell and back over it. Fortunately, for me I know a major crisis is
coming that will kick them in their complacency. The baby boomer
generation that holds a huge amount of wealth in this country is
reaching retirement age, and a lot of them started out with the Atari
2600 and graduated to game systems like the Nintendo Wii in recent
years. What is Nintendo going to say in 10 years when a 70 year oldman
or woman can no longer play that Wii and they happen to be a large
majority of the citizens on planet earth with a large portion of the
wealth?



Cheers!


On 11/30/10, dark  wrote:
> This is again why I am convinced that smaller, indi games companies are the
> way forward as far as game access goes rather than Lucas arts or similar.
>
> As Karl marx himself said 150 years ago, the overriding principle here is
> prophit, and prophit isn't a thing which pays any attention to the good of
> anyone, - and only takes into account their wants or desires to an
> extent that they may generate more prophit.
>
> While it's possible that, if in 20 or 30 or so years when gamers start
> losing their vision the major companies will take notice (and even then
> probably not), I doubt very much it'll happen in the mean time.
>
> Btw, it is probable George himself may have had a different opinion, not
> because I think anything particularly good of him, just because I've found
> generally speaking that if you speak to someone who actually takes time,
> trouble and pride in designing and creating things, they are much more open
> ad receptive to change.
>
> I'm not saying all small developers are saints, - they aren't, and I've
> certainly had my share of people telling me to bugger off when I suggest
> access changes, but I would say the majority are at least interested, and a
> good part of the interested ones will actually do something useful.
>
> Witness the recent changes in Core exiles interface which resulted just from
> a reasonable conversation with the developer and a bit of give and take.
>
> Beware the Grue!
>
> Dark.

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