Broadband Video and the hearing impaired

bicker

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Recent decisions of broadband video thread haven't addressed the gross lack of accommodation for the hearing impaired that services like Netflix Watch Instantly represent. Cross-posting this from a television-related forum I participate in....

While the software technically supports Closed Captioning, the content offered by the service very often does not [link], essentially treating this protected class of disabled persons as second-class consumers.

A company should be allowed to do what is best for its bottom-line, except when it represents a safety or security concern, or violates the civil rights granted to citizens by our laws - specifically relevant in this case, the Americans with Disabilities Act, which requires, "functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing ..." While it is perhaps understandable to develop new technology without accomplishing full compliance with this law, at some point, the avoidance become just an unforgivable delaying tactic.

This isn't a matter of consumers wanting to pay less for something. There is no real validity in such selfish claims. This is a matter of American citizens granted rights by law, and having those rights effectively ignored. Given how much (hearing) consumers place such demands on suppliers that are not reflections of the law (as discussed in many threads in this forum), it is dismaying that such concerns seem to have more primacy than issues that are truly matters of our society's consensus decision.

Netflix is slowly enabling CC for TV and movies on their PC/Mac players and have a planned fall release for other devices, but the keyword there is "slowly". What is Netflix doing to provide closed captioning for all content brought into the system over the last few years, and going forward? How much longer will Netflix be sanguine and nothing more than apologetic about marginalizing a legally-recognized protected class?

This is especially troubling in light of how some suppliers are now asking for yet-even-more of a delay before they're required to comply, and for "flexibility" which if not clearly defined in advance (which they are unwilling to do) could mean failing to effectively address this legally-mandated obligation. These calls, if granted, could delay the provision of Closed Captions via broadband video (such as Hulu and Netflix Watch Instantly), thereby leaving deaf and hearing impaired folks behind, as our television entertainment industry moves from the current over-the-air, cable and satellite arrangement to a more Internet-based arrangement. [[URL="http://www.broadcastingcable.com/article/453600-Cable_Ops_Seek_Time_Flexibility_to_Improve_Online_Access_for_Disabled.php"]link
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Bicker, if you know anyone at CBS, please talk to them about their streaming site. The CC never work, though there is a non-functional button there that makes it look like CC is an option.

Most of the time I get around this by watching shows on Hulu instead of on the network sites, but as I'm sure you know, CBS doesn't cooperate with Hulu. (Hulu, it should be noted, has EXCELLENT captioning.)

I can't comment on NetFlix as I don't use it.

Also, is BBC America subject to the ADA? I'm thinking that the answer is no; they caption very few programs.
 
Unfortunately, I don't know anyone at any of the networks. :( As far as I know, none of the network sites are currently feeding CC, even though their software platforms may support it.

BBC America is indeed subject to requirements regarding Closed Captioning. All OTA and cable networks that are over four years old are. The full list of exemptions can be found here:

http://www.fcc.gov/cgb/consumerfacts/closedcaption.html

British is a form of English, so that "other than English or Spanish language" exemption doesn't save them.
 
Believe it or not (and I was pretty shocked about this), what I've seen of ESPN 3 (ESPN's streaming content) the close captioning actually works. I've been using it to watch the World Cup and while I can hear, I sometimes use CC because I have auditory processing issues.
 

Fox's captioning also is functional, though it isn't near as good as Hulu's.
 
That's a great improvement over last year.
 
The following list might help Netflix subscribers, with a hearing-impaired member in their family, enjoy Netflix streaming this holiday season. It's a list of recent films (released over the last ten years or so) that Netflix is reportedly providing with open English subtitles. (As discussed, above, Netflix provide subtitles for other streaming titles, though a very small number, but even for those, the Netflix software only supports the provision of subtitles on some types of equipment - but none of the equipment we have Netflix software on. These Netflix streaming titles have open captions, which means subtitles wiill be visible on all Netflix streaming platforms.)

http://www.netflix.com/Movie/Amelie/60022048
http://www.netflix.com/Movie/Departures/70114013
http://www.netflix.com/Movie/The_Experiment/60024958
http://www.netflix.com/Movie/He_Loves_Me,_He_Loves_Me_Not/60026127
http://www.netflix.com/WiMovie/La-Vie-en-Rose/70068655
http://www.netflix.com/Movie/The-Girl-with-the-Dragon-Tattoo/70116686
http://www.netflix.com/Movie/The-Girl-Who-Played-with-Fire/70132756
http://www.netflix.com/Movie/The_Last_Train/70142127
http://www.netflix.com/WiMovie/Let-the-Right-One-In/70099621
http://www.netflix.com/WiMovie/Priceless/70090333
http://www.netflix.com/WiMovie/Red-Cliff-Theatrical-Version/70130851
http://www.netflix.com/Movie/Shiri/60022610
http://www.netflix.com/Movie/Sophie_Scholl:_The_Final_Days/70045696
http://www.netflix.com/Movie/The_Stoning_of_Soraya_M./70108800
http://www.netflix.com/WiMovie/A-Very-Long-Engagement/70012795
http://www.netflix.com/Movie/What_to_Do_in_Case_of_Fire/60025070
 












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