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07 Nov 2009
By T-e-X

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Visually impaired gamer sues Sony Online

69 Replies 1,969 Views Created 07-11-2009
07 Nov 2009
By T-e-X
 
 

Refusal to implement or facilitate changes to make online games more accessible violates Americans with Disabilities Act, suit claims.

It's not uncommon for blind gamers to feel invisible in addition to visually impaired. For instance, when gamer Brandon Cole wrote THQ a letter suggesting changes to make its Smackdown series of WWE wrestling games more accessible to the blind, he received a form letter back thanking him for his appreciation of the game's graphics.


But now, one visually impaired gamer has gone beyond simply requesting accessibility features and is demanding them by way of a lawsuit. Last month, disabled gamer Alexander Stern filed suit against Sony, Sony Online Entertainment, and Sony Computer Entertainment America in the United States District Court for the Central District of California. The suit alleges that Sony is violating the Americans with Disabilities Act by failing to implement features to make its games accessible to visually impaired gamers.

The Americans with Disabilities Act states that, "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."

According to the suit, Sony ignored repeated requests through postal mail and e-mail to come up with reasonable modifications to its games to make them more accessible. The suit, which doesn't mention SOE games by name but appears to focus on massively multiplayer online titles, requests the addition of visual cues to point gamers to their destinations for gamers with "disability impaired visual processing."

The suit also specifies the ways in which other companies have made their games accessible. For instance, Blizzard Entertainment's World of Warcraft allows the use of third-party mods in its game, which has led to the creation of several programs to include accessibility aids in the game. The suit also mentions Pin Interactive's action adventure PC game Terraformers, saying high-contrast 3D graphics modes, an audio compass, and voice-over detailing items collected in the game all serve to make the game more accessible.

Beyond the denial of entertainment, the suit also contends that Sony's actions have caused visually impaired gamers a financial loss. Because Sony runs an official auction site where gamers can sell their in-game items for real money, the suit says Stern's inability to participate in that marketplace is costing him money.

"Sony has constructed the products in a way that is inaccessible to plaintiff; maintains the products in this inaccessible form; and has failed to take any action whatsoever to correct these barriers even after being repeatedly notified of the discrimination that such barriers cause," according to the suit.

Representatives with Sony and Sony Online Entertainment said they don't comment on pending litigation.

 
 
 
funky lawsuit ehh :o :o :P
 
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T-e-X wrote:
 
 

Refusal to implement or facilitate changes to make online games more accessible violates Americans with Disabilities Act, suit claims.

It's not uncommon for blind gamers to feel invisible in addition to visually impaired. For instance, when gamer Brandon Cole wrote THQ a letter suggesting changes to make its Smackdown series of WWE wrestling games more accessible to the blind, he received a form letter back thanking him for his appreciation of the game's graphics.


But now, one visually impaired gamer has gone beyond simply requesting accessibility features and is demanding them by way of a lawsuit. Last month, disabled gamer Alexander Stern filed suit against Sony, Sony Online Entertainment, and Sony Computer Entertainment America in the United States District Court for the Central District of California. The suit alleges that Sony is violating the Americans with Disabilities Act by failing to implement features to make its games accessible to visually impaired gamers.

The Americans with Disabilities Act states that, "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."

According to the suit, Sony ignored repeated requests through postal mail and e-mail to come up with reasonable modifications to its games to make them more accessible. The suit, which doesn't mention SOE games by name but appears to focus on massively multiplayer online titles, requests the addition of visual cues to point gamers to their destinations for gamers with "disability impaired visual processing."

The suit also specifies the ways in which other companies have made their games accessible. For instance, Blizzard Entertainment's World of Warcraft allows the use of third-party mods in its game, which has led to the creation of several programs to include accessibility aids in the game. The suit also mentions Pin Interactive's action adventure PC game Terraformers, saying high-contrast 3D graphics modes, an audio compass, and voice-over detailing items collected in the game all serve to make the game more accessible.

Beyond the denial of entertainment, the suit also contends that Sony's actions have caused visually impaired gamers a financial loss. Because Sony runs an official auction site where gamers can sell their in-game items for real money, the suit says Stern's inability to participate in that marketplace is costing him money.

"Sony has constructed the products in a way that is inaccessible to plaintiff; maintains the products in this inaccessible form; and has failed to take any action whatsoever to correct these barriers even after being repeatedly notified of the discrimination that such barriers cause," according to the suit.

Representatives with Sony and Sony Online Entertainment said they don't comment on pending litigation.

 
 
 
funky lawsuit ehh :o :o :P
 

He should sue every game manufacture then. :D

 

 

 

Even the ones that aren't made anymore :O

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Pin-Pin-Ire wrote:

T-e-X wrote:

 
 
funky lawsuit ehh :o :o :P
 

He should sue every game manufacture then. :D

 

 

 

Even the ones that aren't made anymore :O


yeah :P wonder how the court is going to see on this :o

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jag10

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so the new thing now is try to sue sony lol.
Message Edited by Yaster on 09-11-2009 08:37 AM
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Buubar

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lol, some people fail. IDC if hes disabled, trying to sue someone over you not being able to play a game because your blind is kinda - far fetched.
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Mumatua

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Come on..:P...seriously?...Im not gonna sue the Wipout developers cause their game is too hard so i cant complete it......if you cant play a game, wether you're blind, diabled, or just really rubbish....it means you cant play it...you dont sue someone cause YOU cant use there product....if you cant see the games, i suggest getting a different hobby you can do...thats all im gonna say...;)
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And then...

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T-e-X wrote:

Pin-Pin-Ire wrote:

T-e-X wrote:

 
 
funky lawsuit ehh :o :o :P
 

He should sue every game manufacture then. :D

 

 

 

Even the ones that aren't made anymore :O


yeah :P wonder how the court is going to see on this :o


You realise you're goin' to that "Bad Fire" for that joke, right? :D

 

Wonder if that's a decent market; brail text-based adventures

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Nalfein wrote:

T-e-X wrote:

Pin-Pin-Ire wrote:

T-e-X wrote:

 
 
funky lawsuit ehh :o :o :P
 

He should sue every game manufacture then. :D

 

 

 

Even the ones that aren't made anymore :O


yeah :P wonder how the court is going to see on this :o


You realise you're goin' to that "Bad Fire" for that joke, right? :D

 

Wonder if that's a decent market; brail text-based adventures


hehe m8 yeah i know .. and you are the only one who spotted that "what i did there" :P :D :o well done

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i think its going to come down to a new option of larger images in some games and voice overs in RPG and FPS
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just because you see my name does not mean I want to be added

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seems odd to me that he is visually impaired but wants visual cues for stuff. why not a sound? :O i know he might not be totally blind but :O seems a rather stupid suggestion.  

 

i dont get how that law can really be there, how do blind etc ppl expect to be able to play games? its a visual experience. but then if i ever went blind i would hope i could carry on gaming but dont see how :( 

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I dont really see how they can help them its not sony's fault they are blind and I dont see how they can make it easier for blind people but whatever.

 

He better sue everyone that makes movies and deaf people should sue the music industry.

 

This website aswel because I cant see it.

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opl1990 wrote:

I dont really see how they can help them its not sony's fault they are blind and I dont see how they can make it easier for blind people but whatever.

 

He better sue everyone that makes movies and deaf people should sue the music industry.

 

This website aswel because I cant see it.


On your last point - Sony have you covered in here :)

Go to your My Profile link, Personal Preferences, and scroll down to Font Size.

Increase to a number which helps you to be able to see this website.

 

Sorted :)

 

Apols if you were trying to be funny and I completly didn't get it

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Re: Visually impaired gamer sues Sony Online

* YLOD? * *PSN Connection Problems?* *Blu Ray Problems

And we weren't even testing for that.. :Thumbs:

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If you can't see there's no technical innovation that's going to allow you to play 99% of video games. No amount of legal wrangling can alter reality or logical fact. Unfortunately medical science will be the only avenue through which any solution can be found.
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"I've seen things you people wouldn't believe."

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If he really believes in it then good luck to him ! 
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DON'T GO CRAIG DAVID ON ME !

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thats like someone with one arm trying to play golf, failing, then sueing :|
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why dont he just say he want keyboard and mouse support :o :D
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If he wins then I'm going to sue Sony too, I'm hard of hearing (Not all games have subtitles, now that's discrimination innit)

 

Money,.money, money... Easy money :P

Message Edited by PFC_Hudson on 07-11-2009 09:14 PM
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M

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PFC_Hudson wrote:

If he wins then I'm going to sue Sony too, I'm hard of hearing (Not all games have subtitles, now that's discrimination innit)

 

Money,.money, money... Easy money :P

Message Edited by PFC_Hudson on 07-11-2009 09:14 PM



anyone with epilepsy? if so sue sony for creating games which could cause you to have a fit ;)
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Re: Visually impaired gamer sues Sony Online

My set up

37" full hd toshiba television... 160gb ps3...

500gb ps4 with BF4, AC4, GHOSTS, KZ4, KNACK, NBA 2K14

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treab wrote:

PFC_Hudson wrote:

If he wins then I'm going to sue Sony too, I'm hard of hearing (Not all games have subtitles, now that's discrimination innit)

 

Money,.money, money... Easy money :P

Message Edited by PFC_Hudson on 07-11-2009 09:14 PM



anyone with epilepsy? if so sue sony for creating games which could cause you to have a fit ;)


They probably would have if they hadnt toned down wipeout hd. :P
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Soon people with no arms and legs will sue car manufacturers for not being able to drive a regular car.
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Message Edited by time travelling space smurfs on 2028-03-22 07:49 PM


__________

Facts of the moment:
"My PS3 is not fat, it's just big boned."
"The console war is as real as the war on terrorism."
"The wizards first rule applies to both YLOD and the SLIM."

"Tons of trophies doesn't say you're a great gamer, it says you have too much free time."

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Maybe this same person influenced the recent firmware update regarding extra large icons and text?
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