[Athen] OT: case study for access technology

[Butler, Brandon (bcb4y)]

Hi all,

I agree that the Miami case is great, and might I suggest you could combine that case with the Authors Guild v. HathiTrust case to generate a nice set-up and resolution: the Miami case says students have a right to access course materials, then the HathiTrust case says fair use gives institutions the right to make and share copies of in-copyright material with qualified students. This is the argument I and my co-authors develop in our white paper<https://www.arl.org/resources/the-law-and-accessible-texts-reconciling-civil-rights-and-copyrights/>  but one interesting follow-up question I’ve seen posed in several contexts is whether fair use also permits institutions to remediate materials posted on LMSes for all students (not just folks with disabilities). There you could also bring in the Cambridge U.Press et al. v. Patton<https://en.wikipedia.org/wiki/Cambridge_University_Press_v._Patton> case (aka, the Georgia State course reserves case), which is still raging and unresolved. I have thoughts, but I don’t think it’s anything anyone has written about anywhere.

Best,
Brandon

On Oct 14, 2019, at 10:33 AM, Eileen Berger <eileenberger33 at gmail.com<mailto:eileenberger33 at gmail.com>> wrote:

Hi Stephen, The Miami of Ohio case is one of the best!A gifted  Blind student with extremely  limited access to course management software, websites, just about every digital accessibility needs within the university. No procurement policies and no coordination or collaboration with academic, student services disability services, communications , athletics, student activities etc…attitude al issues and peer inclusion practices did not work for this pre-veterinarian student. The department of justice stepped in as the plaintiffs the situation was spot egregious.
Good luck on your paper!
Eileen Berger

On Oct 10, 2019, at 2:03 PM, Stephen (Alex) Marositz <smarositz at csudh.edu<mailto:smarositz at csudh.edu>> wrote:

Hello List

I was wondering whether you would be willing to help me cheat on my homework. Lol, not really. I am enrolled in a legal issues in higher education class and for our final paper,, we need to select a legal issue impacting an institution of higher education and recommend solutions to effectively address it. We need to support it with at least two published court cases. Naturally, I want to do something related to accessible technology, students with disabilities or the like. Can you think of any legal issues you would like me to research? I would be happy to share my final paper with you if I go with your idea.

Thank you so much


Stephen Alexander (Alex) Marositz J.D. CPACC
Accessible Technology Initiative Coordinator
Information Technology Services, California State University Dominguez Hills
(310)243-3077

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