Disabled Gamers Suit Against Sony Dismissed

Logan Westbrook

Transform, Roll Out, Etc
Feb 21, 2008
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Disabled Gamers Suit Against Sony Dismissed


A lawsuit filed by a disabled gamer against Sony has been dismissed by a Califonian Court.

Last October, visually-impaired gamer Alexander Stern filed a suit against Sony Online Entertainment, claiming that SOE was failing to live up to its responsibilities to the Americans with Disabilities Act or ADA.

Stern argued that "his visual processing impairments prevent him from fully enjoying the video games manufactured by Sony, some of which are played on gaming systems with internet connections through which players in different locations can communicate and play with or against one another."

Stern was unable to convince the U.S. District Court for the Central District of California however, that Sony represented a 'place of public accommodation', which is a necessary part of an ADA discrimination suit. In its ruling, which can be read in full here [http://www.onpointnews.com/docs/Stern-v-Sony_MTD_order.pdf], the court stated that "Sony is not a 'place of public accommodation' and is therefore not liable for violating Title III of the ADA."

"... To hold otherwise would create potential liability under the ADA for manufacturers of all manner of products if those manufacturers failed to make available auxiliary aids allowing the entire panoply of individuals with disabilities the full enjoyment of their products."

But while this is likely the only sensible way this case could have gone, the issue of increasing the accessibility of games to people with disabilities is one that needs to be discussed and addressed as gaming grows in popularity.

Source: Game Politics [http://gamepolitics.com/2010/02/26/disabled-gamer's-suit-against-sony-tossed]


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AkJay

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Feb 22, 2009
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Sounds like this guy heard of the agoraphobic guy and thought "Hey, suing Sony isn't such a bad idea..."
 

Legion

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Oct 2, 2008
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Damn right, Sony make entertainment/luxury products, not compulsory items. Why should they spend hundreds of thousands or millions on games catered specifically for a minority in which they will probably not see a decent return on?

It may sound cold, but Sony have no obligation to do so. While it would be nice to spread gaming to those who have impairments, nobody can claim they have the right to it.
 

DTWolfwood

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Oct 20, 2009
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was anyone surprised by this result? just makes u wonder y it took so long XD
 

manaman

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DTWolfwood said:
was anyone surprised by this result? just makes u wonder y it took so long XD
Cause that is the way the system works where, as long as you want to keep pouring money into a suit the lawyers can keep it going, for a while at least.

The ADA has created a lot of money for lawyers willing to basically resort to blackmail. There was a set of letters sent to all the businesses in a town from a lawyer telling them he had passed through and noticed glaring violations, and that they would have to pay him $1000 or he was going to sue them for the violations. Many just payed the settlement.

This was likely more of the same.
 

obisean

May the Force Be With Me
Feb 3, 2009
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This is as dumb as complaining that games need to be easier because you aren't good enough to beat it. Wait... people do that, and it worked didn't it?
 

TimeLord

For the Emperor!
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Aug 15, 2008
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Machines said:
It may sound cold, but Sony have no obligation to do so. While it would be nice to spread gaming to those who have impairments, nobody can claim they have the right to it.
Damn, my argument was indeed Ninja'd
 

jasoncyrus

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Sep 11, 2008
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The guy was blind...video games arn't meant for blind people. >< Thats ike a blind person sueing volvo because they don't give him a narrator for his car.
 

Deathfish15

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Well, this probably rained on someone's parade. This court case was what some were standing on when arguing that Star Wars The Old Republic should be handicap accessible for the hearing impaired and the color-blind as well as those that cannot read (the illiterate) for quest text.
 

Abedeus

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Sep 14, 2008
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jasoncyrus said:
The guy was blind...video games arn't meant for blind people. >< Thats ike a blind person sueing volvo because they don't give him a narrator for his car.
More like suing a library for not having books in both normal and Braille's edition.
 

Nalesnik

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Nov 10, 2008
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jasoncyrus said:
The guy was blind...video games arn't meant for blind people. >< Thats ike a blind person sueing volvo because they don't give him a narrator for his car.
Hehe, narrator.
You mean chauffeur, right? I don't think anyone would agree in letting a blind person drive a car even if they had someone tell them when to turn, brake etc..
xD
 

jasoncyrus

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Nalesnik said:
jasoncyrus said:
The guy was blind...video games arn't meant for blind people. >< Thats ike a blind person sueing volvo because they don't give him a narrator for his car.
Hehe, narrator.
You mean chauffeur, right? I don't think anyone would agree in letting a blind person drive a car even if they had someone tell them when to turn, brake etc..
xD
No no, i mean an actual narrator that speaks to them and describes what they should be seeing.
 

funksobeefy

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Mar 21, 2009
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Its good he brought it too light, but then hes not suing movie theaters because he cant see the movies.

unfortunate as it is, if you cant see then some things you are just gonna have to give up. Sucks I know, but really if you want to help spend the money on research that is trying to improve blind peoples eyesight. Not randomly suing companies who cant really do anything for you in because its a visual medium.
 

Casual Shinji

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Next thing you know, an epileptic is going to sue Sony because their games gave him seizures.
 

Nerf Ninja

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Logan Westbrook said:
But while this is likely the only sensible way this case could have gone, the issue of increasing the accessibility of games to people with disabilities is one that needs to be discussed and addressed as gaming grows in popularity.
As much as this case was rightfully thrown out I can see it becoming more common for those with disabilities to become much more disenfranchised with game and console developers, as it seems these days that new interaction features (Motion control, 3D) are making it harder for disabled gamers to partake of the hobby.

There are 3rd party manufacturers of one handed controllers such as Ben Heckendorn's access controller but I'd be interested in seeing how a wheelchair bound gamer will be able to play a game of whatever that breakout thing they keep showing to promote Natal is called.

An interesting article on this can be found here [http://www.thegamereviews.com/article-1470-Motion-Control-and-Disability-.html]
 

Calhoun347

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Aug 25, 2009
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funksobeefy said:
Its good he brought it too light, but then hes not suing movie theaters because he cant see the movies.

unfortunate as it is, if you cant see then some things you are just gonna have to give up. Sucks I know, but really if you want to help spend the money on research that is trying to improve blind peoples eyesight. Not randomly suing companies who cant really do anything for you in because its a visual medium.
Nice (Unintentional?) pun

OT: This was a pretty ridiculous suit. But to be quite honest, I wasn't sure how this would end up. Glad it ended this way though.

Casual Shinji said:
Next thing you know, an epileptic is going to sue Sony because their games gave him seizures.
I don't think they can, Theres warnings in the system manual, warnings in the game manuals. I'm pretty sure they got that covered.