[Current Events] Visually impaired gamer sues Sony Online

[Uwsar-Hat-Anupuw]

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.


I just find it hard to have sympathy for someone who wishes to exploit his disability for selfish personal gain (especially a lawsuit to rub salt in that whole thing). More like, disgust.
I can see "reaching out", creating a "movement" like someone else mentioned. But not a lawsuit and he clearly doesn't give a crap. You cannot play a "disability card" to get what you want. Especially if a gaming platform (PC) already has it available for free. All is "null and void" as far as I'm concerned

~Denji

I have to really say this WTH?

[Dragonelf68]

IMO, he needs to learn about a little thing called a "mod". There's a reason it's called a video game. It's a video.

[noobst3R]

Lol, it's like asking for a car when you can't drive.

[Tenno Aang]

And here's my face while reading it:

[Anlushac11]

If the game in question is Everquest I or II or Vanguard Sony does not allow any modifications to the files, not even changing music files for certain zones.

If they made the game modifiable like Blizzard did with WoW there probably would not be a problem, someone could just create the add ons to make the game easier to use.

It depends on what he is asking for compensation, if his demand is for Sony to modify the game in lieu of money then thats one thing, but if he is asking for millions in damages then he is being greedy.

[crisissuit3]

Originally Posted by Noobst3R

Lol, it's like asking for a car when you can't drive.

or debate when you're deaf.

I really need to find new lines for how much I think people are stupid.

[Admiral Donutz]

Originally Posted by DarthZipacna

And here's my face while reading it:

Ditto.

Discrimination would be when some-one says "I'm not going to sell/let you play this game (or movie, music, whatever else*) because you're blind".

Blind people can't get a driver lisence and thus can't drive cars... that ain't discrimination either...

* Basically anything unless their handicap would be an unacceptable safety risk (to themselves and/or others).

Just... no.

Having said that though, encouraging producers to make their products easier to use for more people must be encouraged though: Things like speach computers for websites (and the layout/design being designed to allow for this).

Originally Posted by Anlushac11

If the game in question is Everquest I or II or Vanguard Sony does not allow any modifications to the files, not even changing music files for certain zones.

If they made the game modifiable like Blizzard did with WoW there probably would not be a problem, someone could just create the add ons to make the game easier to use.

It depends on what he is asking for compensation, if his demand is for Sony to modify the game in lieu of money then thats one thing, but if he is asking for millions in damages then he is being greedy.

As far as modyfing the game is concerned. It would be quite reasonable to sue them to declare the EULA as unlawful because he things he should have the right to modify the game/product so it allows him to use the product more easier.

This would be one of those classic consumer vs producer rights. On one end the consumer should be able to do "everything" with the product he acquired, take it apart, modify it, rebuild it. Basically anything aslong as it remains legal. On the other hand the producer should be able to stop people from messing around with their games for potentially questionable purposes or intends that would either harm the company or such things (ea: extracting the game to unfold it's source code which would bring the risk of company secrets being sold/given to competitors and such things).

This is a bit tricky though, consumers could refuse to accept unreasonable demands, but they also could feel presured into accepting anyway. Speaking of which, windows has this "Genuince Advantage Tool" (or whatever it's called), I myself refuse to accept their EULA out of principle. I own a legit copy of windows so I refuse to sign some silly agreement or some silly software to let them verify to a larger extend that I have a legit version. I simply think "I bought you're product, it's legit, shut the fuck up. I know you have a problem with ilegal copies but I as a legal and honest consumer are not going to bend over to make it easier on you to fight those illegal copies over by back". Dito with CD protections such as limited instals, apart from them installing crap on your computer it's also the very principle of "I bought this CD and I am allowed to make as many backups of it as I want, by law (!), so I refuse to be limited in my legal rights, go suck it!".

[Dragonelf68]

Originally Posted by crisissuit3

or debate when you're deaf.

I really need to find new lines for how much I think people are stupid.

WHAT DID YOU SAY?!

nct

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

Translation: They didn't comment but they were thinking what all of us are thinking. "The guy's a dumbass. If not making games to accomadate blind people then so is every movie except for that 1 with the visually impaired voice over.

[Phoenix_22]

I honestly don't really have a comment to make. I think it's pretty obvious that you do not need Sony Online to go about your life, so they aren't discriminating against blind people. There are a few things about the world that certain people just can't do and no lawsuit is going to change that. For example, one who is blind cannot sue the DOT or automakers for not catering to them, one cannot sue a band or music playing device (Apple, Sony, etc.) for not making their devices accessible to the deaf, one who is vertically challenged cannot sue the Empire State Building for not making the observation area have walls low enough for those who are vertically challenged, etc.

Stupid lawsuit.

[crisissuit3]

I have an idea.

We should give that guy a 360 and make him play halo and tell him he's playing gears of war.

and turn the volume down.