Pretty sure this is almost entirely due to the fact that the videos must contain closed captioning and other accessibility options, which are too expensive to add.
It's a tough spot to be in. On the one hand, it's great to make all the content accessible to handicapped folks, but on the other hand, is society better off not having this material at all or having it without accessibility?
It won't be expensive once we have better speech recognition and NLP 10 years from now. Seriously, just make the content available. Not to mention that leaving the content up might even inspire volunteer and crowd-sourced efforts to caption some of the higher-quality content.
I'm all for promoting accessibiltiy but can we not do it at the expense of impairing others? Hiking trails in Yosemite are not handicapped-accessible; does that mean we should shut them down?
How do you judge which content then is released uncaptioned because it was impossibly expensive, and which because the creator prefers to keep their money? How many venues or historical buildings would have wheelchair ramps and lifts if they didn't have to or because it came down only to whether they could justify the cost?
The obvious answer is that you grandfather in existing content, and only require accessibility for content created after a certain date. That way, actual courses are accessible, and the roughly 7 billion human beings who don't go to Berkeley can still access the old content.
The content only exists because it's cheap to put online. If you require that someone transcribe it for closed captioning, it is like putting a tax on video uploads. They just won't be uploaded.
Barring some public funding to make it possible for institutions to caption videos, which would be the reasonable solution, the demand for captioning vastly raises the barriers towards putting content online.
The content only exists because it's cheap to put online. If you require that someone transcribe it for closed captioning, it is like putting a tax on video uploads. They just won't be uploaded.
Because it's prohibitively expensive, or because they can't be arsed?
I used to assume the prohibitively expensive angle, but DEF CON has had live closed captioning for 3 or 4 years now, and is done so the recorded material can be used in classrooms with accessibility requirements. If DT can afford it, I have little regard for people who pretend to be committed to educating the masses and still don't bother.
DEFCON also has a budget of millions of dollars to host a 4 day event, as well as a very loyal and dedicated team of volunteers. What value is there in comparing such a vastly different organization?
Why are Americans with disabilities more important than people from other nations?
This is entirely separate from your examples, as people in india arent taking american buses or elevators - but they most certainly are taking advantage of american educational content that is publicly available.
Basically. Or at least, giving stuff away was cool, because it cost very little. But once it becomes expensive, why divert resources from paying students?
Some wider implications are very alarming. Consider all of the video content that libraries hold. If it's not ADA-compliant, having it available to the general public is arguably discriminatory.
Widely available for what video? For popular stuff, sure. For torrented movies, it's often crowd sourced, and often almost inscrutable. If you mean software for transcribing audio, that was judged not good enough.
uhh, we are commenting on a post about a school who had to pull all of their videos because they were sued that the closed captioning was not accurate enough.
try harder? did you forget an /s?
You don't, that's why it's tough. I truly feel bad for those who need these accessibility options and don't get them, but I also feel bad for those who need this content and don't get it. It's really a no-win situation.
It's no different from the ADA requirements for buildings: you don't need to retrofit, but if you do a remodel over size X, or a new build, ADA support is required. And ADA support doesn't just help the permanently disabled, but also people on crutches etc.
The approach typically applies to retrofits for fueling stations, coal power plants, etc.
This content is new enough (by 15-22 years by UCB's count) tht it should have had support for everyone. They just didn't notice or didn't care.
In a few years perhaps it can come back for everyone through a new tool. In fact they could spend some of the captioning money on a better autocaptioner than youtube. In fact I am surprised that KLH's auto-captioner didn't already do this since the letter says this material is on youtube.
I don't think it's either one. If I'm a prof and I want to make my lectures more accessible, I'm going to put them online, and be glad that 95% of the population can see it. If I have time and budget, maybe I'll hire someone to caption it. But still, I'd rather have it out there for 95% of the world to see than not at all.
> In fact I am surprised that KLH's auto-captioner didn't already do this since the letter says this material is on youtube.
They were sued because the auto-captioner was wrong enough to be considered harmful.
Or they could just do nothing, not spend any money, and not share the content. That's the zero-cost option, and almost certainly what they'll do.
The benefit was to the public to have access to the material, much less so to Berkeley. By putting the onus on Berkeley to caption the videos, they've (very reasonably) just pulled them down, and the public loses.
I happen to know that they do not. In Prague we have special libraries for the blind. And there are unfortunately very few books available. Braille is supper inefficient, it is like 40 characters per line, 20-25 lines per page [1]. The pages are significantly larger than US letter. In order to print a book, say, a Harry Potter book, takes a number of volumes http://www.alamy.com/stock-photo-72107-boston-ma-kristen-tur...
The first volume weighs nearly 7.7 pounds and costs $70 http://www.braillebookstore.com/Harry-Potter-and-the-Sorcere... and that is contracted Braille (which many blind people don't even know how to read, and which is ambiguous (many letters are left out), people understand it, but only because the human brain is cleaver). The uncontracted version weighs 9.2 pounds and costs $92.
For better or worse, large portions of society (especially those found in academia and cities) have decided that a level playing field is more important than having any playing field. So to answer your question: it no longer matters whether or not society would be better off. What matters is that everyone is equal and has equal opportunities. If people cannot be given equal opportunity, then the opportunity needs to be taken away from everyone.
I think that's the most tame and non-sarcastic way I can respond to your question. This sort of stuff makes me furious and it's only going to keep happening.
> Finally, moving our content behind authentication allows us to better protect instructor intellectual property from “pirates” who have reused content for personal profit without consent.
Or maybe there are other considerations at stake.
> For better or worse, large portions of society (especially those found in academia and cities) have decided that a level playing field is more important than having any playing field.
That's completely false. What people has decided is that sometimes is worth having a small cost for the big benefit for everyone that it is to have accessibility. Without a more careful case your arguments falls into the Straw Man fallacy. (This fallacy includes an attempt to "prove" an argument by overstating, exaggerating, or over-simplifying the arguments of the opposing side and attacking that "straw man" argument instead of the original one.)
> This sort of stuff makes me furious and it's only going to keep happening.
It is about helping them, not about making things difficult for the rest. If you have the opportunity to talk with some disabled people that have seen their lives improved thanks to this measures probably you are going to be less furious and more happy about it. :)
We decided as a country that handicapped people get access, and we all pay a little more, rolled into the cost of services, to make that so. If Berkeley hadn't skipped providing access, we wouldn't be in this situation.
It's impossible to have access for all. Reductio ad absurdum: illiterate and mentally handicapped people exist, therefore, we should burn all books.
There's likely a fairer way of doing this instead of denying access to all for the sake of a few. For example, a JIT system for accessibility. A disabled person, if interested, could make a request to have material translated to their preferred mode.
And when it's prohibitively expensive, you really prefer just not giving anyone access?
The amount of video that is being produced and uploaded today makes a requirement to put traditional closed captioning on each one absolutely laughable and ridiculous. It's telling that the requirement was dreamed up in 1990, probably by people without a lot of vision for how cheap bandwidth might become and the amount of content that would be produced and shared within a few decades.
The public is the loser, here. Institutions like Berkeley will have to pull down high-quality content, but amateur content isn't affected. So the overall quality of content available to the public just got worse.
There is no way in which this is a win for the majority.
I remember reading about people years ago who went around suing various restaurants and businesses because they were not ADA compliant (ramps and a handicapped parking spot type of thing). So they would sue them and show they had standing (due to some disability they had) and most of the companies would make the modification and settle out of court for like 10-20k. Rinse and repeat. So I imagine that the UC system along with other online course providers realized that they were likely to get sued based upon the ADA violation. My thinking is that somebody should push for having a law that states something like this: "for content created for the public good such as educational material that is provided in an archival form without cost shall not be required to be ADA compliant".. So basically if you are willing to give the content away for free, then you should not be required to annotate it. If you want to charge for it, then you need to comply with the law.
FYI: the lawyer responsible for most of the ADA lawsuits is a scam artist (in my opinion). He was involved with Prenda law and disbarred for his conduct in those cases.
Nowadays, people talk about _possible_ discrimination like it's _real_ discrimination and want it be punished. This should not be right. Possible wrongdoing is not real wrongdoing, and you cannot have people punished for it, and should not pass laws to prevent it.
I'm not American so I don't know a lot. With what I've heard, political correctness is more about possible discrimination.
There is an old Chinese story. A Chinese emperor once demanded all brewing tools to be confiscated because he didn't want people to drink when there was an ongoing war. One day when he was walking with one of his advisers, the adviser asked him to arrest a man as a rapist. "How do you know, it's a total stranger," the emperor asked. "He got the tools to rape," answered the adviser. The emperor laughed and revoked the absurd rule.
Here is an amazing opportunity for somebody "independently wealthy" to make a real difference: set up a fund that pays for close-captioning of any free content coming out of Berkeley.
It's not clear that there's really that much demand for captioning. There's a CA law that's created a perverse opportunity for aggrieved individuals to try and extort money out of public institutions who put content online; it's not clear to me that they represent a bona fide constituency in need of captioning. (I'm sure that such a bona fide need does exist, but I don't think the people pushing Berkeley in this case are it.)
Transcribing every video might be a terrible use of resources, unless there are other benefits of the transcripts (which might be the case; search would be a nice side effect).
A better solution would be to allow a user to request a captioned version of a video and then have it farmed out to volunteers. It would be a much more reasonable amount of effort (with some ratelimiting to prevent asshat behavior or scripting) and you'd be sure to transcribe the content that users actually want first. By chunking a video up, you might be able to transcribe it quite quickly, too. If I did need video captioning, I'd much rather have a system like that, vs. hoping that some multi-year effort to transcribe everything has hit the one video I need today.
However, it's not clear that such a solution would actually help Berkeley, because of the asinine way the laws are written.
Why some body rich? Why not start NGO like website for this? each of us,would contribute a little bit 1$. And that site would have investment to recurit people for subtitling.
Is this idea feasible?
P.s. Your idea completely makes sense. I wish google instead of wasting money in many different ways(for example starting cs education site , which of course will be not even close to what Berkeley offers) would do this. Anyone would do this ,would become my here, literally.
The letter from the DoJ is quite threatening, and it demands (literally on the bottom line) that UCB pay restitution to the "aggrieved" (I suppose this refers to the two individuals specifically named as complainants?). No amount is specified, but it seems like a form of extortion: 1) complain to the DoJ about something on the Internet freely available, 2) get a check in the mail (at the expense of California taxpayers, on the other side of the country), 3) profit?
However, it also states this:
> UC Berkeley is not, however, required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its service, program or activity or in undue financial and administrative burdens.
Given the obviously prohibitive costs of transcribing all of these freely shared lectures (including describing all charts, graphs, tables, and other visual aids), it seems clear that UCB should not be required to transcribe all of the videos, nor remove them from public access. This is a travesty of justice.
No amount is specified, but it seems like a form of extortion
It's a result of California's Unruh Civil Rights Act, which states that private plaintiffs can receive monetary damages for discrimination. Most states don't have this provision, IIRC.
It does serve as a way to get the public to do the work for the State, rather than having to provide for ADA inspectors and such.
Are you sure? The letter was from the USDoJ, so shouldn't they only be concerned for federal law? They surely don't spend time and money enforcing state laws. (I don't feel like combing through it a second time to be absolutely sure that CA law wasn't mentioned.)
If the archive was available under an appropriate license[0] then it'd be trivial to scrape the site and stick the files on s3. It's even got a bittorrent tracker built in.
I suppose there's no chance of getting it relicensed?
There are people on reddit working on that. If you are interested, it would be good to coordinate efforts. /r/archiveteam and /r/datahoarder are the usual hangouts for that sort of project.
How much does it cost to generate compliant closed-captions, e.g. per hour of video? Every article I see on this issue talk about how unaffordably expensive it would be, but no one provides a number to put things in perspective.
This seems like a troubling precedent. It is entirely possible that the judgement was correct at the time but what about as technology advances? Are there other examples of prescriptive judgements like this which prevent new technology from being applied?
Well then I suppose that's the question. Did the court specifically say that software cannot be used or did the court provide a minimum standard of quality that can be applied to any method?
> The Department found that of the 543 videos it could identify on the YouTube channel, 75 had manually generated closed captions. Of the remainder, many had automatic captioning generated by YouTube’s speech recognition technology. In March 2015, the Department selected 30 videos – 15 with manually generated closed captions, 15 without – for review. The 6 lectures were selected across a sample of subjects and based on popularity. Examples of barriers to access on UC Berkeley YouTube channel content included the following:
> 1. Automatically generated captions were inaccurate and incomplete, making the content inaccessible to individuals with hearing disabilities.
> 2. Approximately half the videos did not provide audio description or any other alternative format for the visual information (graphs, charts, animations, or items on the chalkboard) contained in the videos. For example, in one video lecture, a professor pointed to and talked about an image and its structure without describing the image, making it inaccessible to individuals with vision disabilities.
> 3. Some visual content presented in the slide presentations had low color contrast. For example, two video lectures referenced computer code on the screen that had insufficient color contrast, making it difficult for an individual with low vision to discern. Another video lecture used different colored lines on a graph, but the colors could not be differentiated by an individual with low vision.
It's not just old content created with old tech.
> In January of 2016, the Department reviewed ten new and archived courses available on UC BerkeleyX. The Department observed some improvement in new and archived courses, including the addition of closed captions on some content, but in general, the new courses had most of the previously reported accessibility issues and the archived courses were still inaccessible. Specifically, the Department found that both new and archived courses are inaccessible because many have incorrect alternative text, videos without captions, undefined headings, a lack of color contrast, inaccessible PDFs, and inaccessible keyboard links.
People seem to be focusing on captioning. That's part of the problem, and maybe the hardest to solve, but it's not the only problem. There also seems to be a focus on hearing impairment, but deaf people aren't the only people with disability that Berkeley chose, illegally, to exclude.
> Between March and April 2015, the Department reviewed the sixteen MOOCs then available to the public on UC BerkeleyX. None of the courses reviewed were entirely accessible. For each course reviewed, it would be difficult for an individual with a hearing, vision, or manual disability to understand the content conveyed to course participants. Examples of barriers to access found across most course content included the following:
> 1. Some videos did not have captions. As a result, the audio content in the video was inaccessible to people with hearing disabilities.
> 2. Some videos were inaccessible to people with vision disabilities for several reasons. First, many videos did not provide an alternative way to access images or visual information (e.g., graphs, charts, animations, or urls on slides), such as audio description, alternative text, PDF files, or Word documents. Second, videos containing text sometimes had poor color contrast, which made the text unreadable for those with low vision. Finally, information was sometimes conveyed using color alone (for instance, a chart or graph would differentiate information only by color),
which is not accessible to individuals with vision disabilities.
> 3. Many documents were inaccessible to individuals with vision disabilities who use screen readers because the document was not formatted properly. For instance, headings were sometimes neither defined nor arranged in a logical order; page structure was not always defined, contained empty elements or was incorrectly defined; some tables did not have row and column headers defined; math equations were not always defined in a comprehendible way. Many PDFs either did not have a tag structure defined or the tag structure was incorrect. Individuals with vision disabilities who use screen readers would have a difficult time understanding and navigating the content.
> 4. Some links were not keyboard accessible and did not indicate whether they were expandable or collapsible, so individuals with vision disabilities who use screen readers may not understand the purpose of the links and individuals with manual disabilities would not be able to use the links.
> 5. Websites and materials that were integrated into the course material were not fully accessible
its not a bad idea, could even introduce higher learning education pieces to younger students for exposure to what they would be learning within that field...
As a California taxpayer funding the UC system, I'd like to be able to access the new content. At the very least my California ID should be accepted as authentication for access
Ironically, it appears to be the laws specific to California that are putting Berkeley in a bind. In other states, they'd be able to cite administrative burden and tell the complainants to pound sand. But CA has a well-intentioned but terribly-used law that would still allow users to claim discrimination and force Berkeley to cut them a check for damages.
It is unfortunate that Berkeley couldn't transfer ownership of the archive to an institution located in a different jurisdiction.
The ultimate solution would appear to require a legislative change in CA, though, so perhaps by pulling everything down and creating some public concern, they are doing the right thing in the long run.
Good luck if you live in CA getting the law changed...
We're talking access to course material and the like, largely funded by the state. I'm personally not opposed to restricting access, but as a resident of CA directly funding the UC system, I should be able to view the digitized course material, specially in an era of almost zero-cost distribution methods like YouTube.
I'm lost. why not just run the content through a modern voice to text API? They are pretty good and youtube has their own voice to text captions, right?
I actually think there is room for a "human-assisted collaborative captioning" effort. You'd start with the results of automated speech recognition, and then you'd add in Google Docs-style collaborative editing of the closed captioning / fan subs.
Imagine if you could save a video by watching it and correcting the typos in the existing transcript.
But there's no way it'd be a viable business. (That's Rev, and it costs $1/minute, and it doesn't even give you a .srt file that you can upload to YouTube.)
Plus, you'd have to deal with spam/abuse, and creative uses of captions (e.g. niconico).
I tried building a prototype of this in college, but I couldn't figure out how to make it work financially, so I had to take a paid summer internship at YouTube.
To put it lightly, the Amara platform needs work. If you try to sign in with both Google and Facebook and the same e-mail address, you end up creating two separate accounts that are impossible to link/merge. Never mind that people have multiple email addresses and phone numbers and YouTube accounts in real life.
If it has existed for years, why wasn't it used to save the UC Berkeley library videos?
I'm thinking more of a Google Docs style interface, where you can make a lightweight edit (only one or two lines of captions) and someone else can concurrently time and edit other lines.
From what I have been able to gather reading on various sites the courts are fairly strict about the accuracy of closed captions. While YouTube's auto captions are good they don't have a high enough accuracy. Google even says you need to provide your own closed captions if you plan to stream a live event that will appear on TV. https://support.google.com/youtube/answer/3068031?hl=en
Captioning alone was projected to cost a million dollars and that wasn't the only problem. "OOC media content was riddled with accessibility issues including low-color contrast, missing and screen reader accessibility issues"
So even though it's free, somehow they have to take it down and ruin it for everyone.
Can they do something like caption content only as requested instead of preemptively captioning all of it? Is there some time limit on how quickly the content must be made available? Can they caption only the most commonly accessed content up to $x/yr up to whatever Berkeley can afford for accessibility?
A reasonable solution would be similar to what has traditionally (since the early 20th century) been done with books for the blind in the US via the Library of Congress.
The government, at public expense, provides Braille books and "talking books" to blind readers on demand. If someone requests a title that doesn't have a Braille edition, the (Federal) government will pay to have one made. They're distributed through the public library system and recovered after use to be lent out again.
A few years ago there were some articles around about the Braille and talking editions of the Harry Potter books, which were produced so that they could be released at the same time as the regular print editions for sighted readers. Quite cool. I think the government will also do periodicals (there are regularly Braille copies of national magazines at my local library, which they seem to get out within a few days of the regular edition).
Aside from the unwieldy size of Braille books, it seems like a pretty nice system. It's a trivial cost in government terms, and it serves a community that would otherwise not have a reliable source of content. I'm sure it's imperfect and could use improvement (though I think they now do talking books digitally), as most public programs could, but it's existed and been basically uncontroversial for generations.
What it does not do, of course, is it does NOT obligate traditional publishers to produce Braille editions. That would be ridiculous, and would vastly cut down on the number of books that could be published by increasing the cost, and would result in more Braille content than there's really a demand for anyway. It's a completely insane way to try to increase accessibility.
This seems ripe for becoming an ominous pattern, e.g.:
"This ____ will also partially address recent findings by the Department of Justice which suggests that ____ meet higher ____ standards as a condition of ____."
And if ____ is not done, and the ____ does not meet the higher ____ standards, will the Department of Justice cause it to ____?
Interesting downvotes. Let us all hope that my observation is never validated, however I think enough examples exist already which could be considered to do so.
* https://news.ycombinator.com/item?id=13768856
* https://news.ycombinator.com/item?id=12519761