[games_access] Judge Tosses Blind Gamer's Suit vs. Sony

Sun Feb 28 01:05:58 EST 2010

Hi all.

 I am not part of your group. but I do have a few questions????

1. Have any of you purchased My Football Game????

  The reason I asked is that I have invested 600K in making this game as 
accessible as any game ever developed and to my knowledge NOT ONE OF YOU 
HAVE PURCHASED IT

2. You all love to write these email's either complaining or bitching about 
main stream developers but yet when they (EA & Vtree) develop a game, none 
of you have said 1 word about it.

Here's the long and short of it.

 I have been reading your emails for 6 months now and for the most part 
outside of reading you bullshit emails complaining about video game 
developers NOT ONE ONE OF YOU have purchased or reviewed "MY FOOTBALL GAME" 
which is by far and away a video game with everything designed into it with 
what"YOU GUYS" complain about that main stream developers don't do.

So "IF YOU GUYS WON'T SPEND 40.00 BUCKS to support a company that is doing 
more than "WHAT YOU ARE DOING" shut the hell up and disband this group 
because besides writing "EMAILS" complaining about developers you guys "DO 
ABSOLUTELY NOTHING" to support the people who are spending their money to 
"ACTUALLY HELP" special needs individuals to enjoy video gaming.

I DARE ONE OF YOU TO DISPUTE WHAT I HAVE SAID ABOVE. YOU LOVE YOUR EMAIL'S 
BUT DO NOTHING TO SUPPORT THE COMPANIES THAT ARE SPENDING THEIR MONEY TO 
ACTUALLY IMPROVE THE LIVES OF SPECIAL NEEDS INDIVIDUALS

Sincerely,
Chuck Bergen
President
VTree LLC

----------------------------------------

cess] Judge Tosses Blind Gamer's Suit vs. Sony 

Maybe it's time for my petition that I wrote to finally be put into play? 
I've always wanted to bring that back in  to this group. 
Now that it's heated again at least in me, LOL, I might have the energy for 
it. 
Robert 

----------------------------------------

From:  games_access-bounces at igda.org [mailto:games_access-bounces at igda.org] 
On Behalf Of sheryl Flynn
Sent: Saturday, February 27, 2010 6:37 PM
To: IGDA Games Accessibility SIG Mailing List
Subject: Re: [games_access] Judge Tosses Blind Gamer's Suit vs. Sony 

universal design?

some of us are trying really hard to make great games that folks with 
disabilities will enjoy...its hard, but we are passionate and won't stop 
until there is a world wide effort to make great games that folks with all 
kinds of abilities will enjoy!  

hugs 

~Sheryl Flynn PT, PhD  

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----------------------------------------

From:  Robert Florio <arthit73 at cablespeed.com>
To: IGDA Games Accessibility SIG Mailing List <games_access at igda.org>
Sent: Sat, February 27, 2010 2:07:25 PM
Subject: Re: [games_access] Judge Tosses Blind Gamer's Suit vs. Sony

Thanks John and Janet I agree with what you guys say.  It's just
frustrating.  From the years I have been involved with the special 
interest
group, with Michelle, creating my documentary I created called Robert
Florio: a New Way to Live, my game design degree, I think by now there
should be a wide range knowledge meant by developers and producers.

I think if they would at least come out publicly and say, we understand 
the
struggle, we are humans too, and maybe created like a summit like what
president of vomited the other day with Democrats and Republicans 
broadcast
live for six hours for the health-care bill.  That's just an idea.

To me it is a philosophical issue now not anymore a technical or economic
issue.  Believe me I know the technical and economic problems.  Like John
was saying, we wouldn't be profitable for a developer to make an 
accessible
game, denying it to the people who already buy the game in a way I guess.

But I believe the issue is, philosophical. I don't think any human being
would deny the fact that videogames are in the world's greatest 
congressman
for entertaining our physical needs. If I can see, if I can't hear or 
move,
actually I can't move a lot, that does not mean it shouldn't be marketed 
to
me.  Why is it we are so far away from people actually using common sense?
Is this part of humanity completely gone? Why is it we get it but no one
else does?  In any answers, I shouldn't be grasping for questions but 
you're
right John, we are doing a lot.

Reiterating, I just want the big names, Sony, Nintendo, Microsoft, and 
say,
we hear you loud and clear.  Then what?  Then they don't do anything about
it that would look bad maybe that's why they came admit it.lol

Thanks
Robert Florio
www.RobertFlorio.com 

-----Original Message-----
From: games_access-bounces at igda.org [mailto:games_access-bounces at igda.org]
On Behalf Of John Bannick
Sent: Saturday, February 27, 2010 4:30 PM
To: games_access at igda.org
Subject: [games_access] Judge Tosses Blind Gamer's Suit vs. Sony

Folks,

There is a middle way.
ADA requires "reasonable accommodation"
Some games cannot be made accessible to a particular need.
Just as some jobs cannot be made accessible to a particular need.

The judge could have required that Sony put into place a program that at 
least attempted ADA compliance.
For example, applying VPAT 
(http://www.itic.org/resources/voluntary-product-accessibility-template-vpat

/) 
and explaining why items were not VPAT compliant.

Thus, a spelling bee game could not reasonably be made blind-accessible.
One of Jim Kitchen's audio games could not reasonably be made 
deaf-accessible.
Nor could a musical game requiring chords reasonably be made one-switch 
accessible.
(Forgive me Barrie, Mark, etc. if it's been done.)

Reasonable meaning without major changes, possibly changing the nature 
of the game.
Reasonable could also include economic viability.

Furthermore, and significantly, If adding ADA compliance, or a specific 
remediation, would add cost such as to make a game unprofitable, then by 
definition it is not reasonable, in that it denies the game to those not 
requiring that accommodation. Mark's point exactly, I think.

What that requirement would do is inject the accessibility issue into 
the developers' business process. Not a bad thing.

Robert's anger is understandable.
And I'm leery of government intervention, especially in anything that 
could be close to censorship, or is economically unviable, as were price 
controls.
But VPAT's being applied to general software; ESRB is being applied to 
games.

Perhaps the judge could have applied a middle way.

In any event, what this SIG is doing, and the individual efforts of 
Mark, Barrie, Brian, Dark, Robert, and others is making a difference in 
the developer community.
Developers, some at least, are more aware of accessibility needs.
Some are actually making specific changes (Niels Bauer games and some of 
the folks Mark and Barrie work with come to mind.)
It ain't perfect; it ain't enough. But it is progress.

John
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