National Federation of the Blind, et al v. Arizona Board of Regents, et al

Filing 43

RESPONSE in Opposition re 29 MOTION to Dismiss Case (Plaintiff Shandrow) for Lack of Standing filed by American Council of the Blind, National Federation of the Blind, Darrell Shandrow. (Attachments: # 1 Declaration of Darrell Shandrow, # 2 Declaration of Amy F. Robertson)(Robertson, Amy)

BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
Andrew S. Friedman (AZ Bar. 005425)
Guy A. Hansen (AZ Bar. 013549)
2901 North Central Avenue, Suite 1000
Phoenix, Arizona 85012
Telephone: [phone]
Facsimile: 602-274-1199
[e-mail]
[e-mail]
BROWN, GOLDSTEIN & LEVY, LLP
Daniel F. Goldstein
Mehgan Sidhu
120 E. Baltimore St., Suite 1700
Baltimore, MD 21202
Telephone: [phone]
Facsimile: 410-385-0869
[e-mail]
[e-mail]
Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
for the District of Arizona
The NATIONAL FEDERATION OF THE
BLIND, The AMERICAN COUNCIL OF
THE BLIND, and DARRELL SHANDROW,
Plaintiffs,
v.
ARIZONA BOARD OF REGENTS and
ARIZONA STATE UNIVERSITY,

Case No. 2:09-cv-01359-GMS
DECLARATION OF AMY F.
ROBERTSON IN SUPPORT OF
PLAINTIFFS’ BRIEF IN
OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS PLAINTIFF
DARRELL SHANDROW FOR
LACK OF STANDING
(Honorable G. Murray Snow)

Defendants.

I, Amy F. Robertson, do hereby declare that:
1.

I am a shareholder in the law firm of Fox & Robertson, P.C. which is

counsel for Plaintiffs herein together with Bonnett, Fairbourn, Friedman & Balint, P.C.;
Brown, Goldstein & Levy, LLP; and Eve Hill. I have personal knowledge of the facts set
forth in this Declaration, and if called upon to testify, I could competently testify to the
truth of these matters.

2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the

unedited, uncertified deposition transcript of Dr. Adrian Sannier, including exhibit
numbers 3 and 23 to that deposition. The transcript is unedited and uncertified because it
was taken only two days ago – on August 24, 2009 – and the court reporter has not had
sufficient time to provide an edited, certified version.
3.

Attached hereto as Exhibit 2 is a true and correct copy of a webpage from

Arizona State University’s website. It was converted to PDF and last visited on August
23, 2009.
4.

Attached hereto as Exhibit 3 is a true and correct copy of a webpage from

Arizona State University’s website. It was converted to PDF and last visited on August
23, 2009.
5.

Attached hereto as Exhibit 4 is a true and correct copy of a letter dated May

7, 2009, sent by Daniel F. Goldstein, a representative of the Reading Rights Coalition, to
Michael M. Crow, President of Arizona State University.
6.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: August 26, 2009

/s/ Amy F. Robertson
Amy F. Robertson

-2-

Exhibit 1

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ADRIAN SANNIER, Ph.D.
08/24/2009
*** UNEDITED UNCERTIFIED TEXT ***
Provision of the enclosed text is subject to
the following agreement and understanding of all parties:
A) This is an uncorrected and uncertified
transcript. There will be discrepancies between the
contents of this text and the final certified transcript,
including but not limited to, page and line number
discrepancies, the appearance in this document of
mistranslated and/or untranslated words and/or names
and/or numbers, and any and all other variants with the
final certified transcript as from time to time may occur
in the normal course of verbatim stenography.
B)(i) This text is provided as a temporary
aid only, and its contents may not be cited or distributed
in any form whatsoever.
(ii) The document herein is not certified
and will under no circumstances constitute an official
transcript.
the
and
for
the

C) The court reporter makes no
accuracy or reliability of the contents
will not be held liable, accountable or
any variant between the document herein
final certified transcript.

warranty as to
of this text,
responsible
contained and

D) This text is provided on the understanding
that the final certified transcript will follow in due
course.
PRINTING AND/OR USING THIS UNCERTIFIED
TRANSCRIPT CONSTITUTE ACCEPTANCE
OF THESE TERMS AND CONDITIONS

DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
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MR. SANNIER: I'm Adrian Sannier, the
univeristy technology officer at the Arizona as state
university.
MS. HUDSON: Lisa Hudson counsel for the
defendants.
MS. BLANDFORD: Alisa Blandford also counsel
for the defendants.
VIDEOGRAPHER: Thank you, the witness will be
worn sand in we can proceed.
Witness sworn
BY MR. GOLDSTEIN:
Q. Is this the first time you have been deposed
Dr. Sannier?
A. No.
Q. How many times have you been deposed?
A. At least once.
Q. And what was the nature of that deposition?
A. It was in relation to a motion picture called
blade.
Q. And how long ago was that?
A. In the 1990s.
Q. Then maybe refresher course is in order.
Although I'm sure Ms. Hudson has gone over this with you.

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ADRIAN SANNIER, Ph.D.

08/24/2009

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VIDEOGRAPHER: Good morning. We are on the
record at 11:15 a.m. on August 24, 2009. My name is
Catherine McNally here with our court reporter Traci
Heisig. We are here from Veritext national deposition and
litigation services at the request of counsel for
plaintiffs this deposition is being held at Arizona State
University Fulton center building, 300 East University
Drive in the city of Tempe, Arizona. The caption of this
case is national federation of the blind versus Arizona
board of regents, case number 2:09-CV-01359-PHX-GMS. In
the district of the United States district court, district
of Arizona. This is the videotaped deposition of
Dr. Adrian Sannier, please note that audio and video
recording will take place unless all parties agree to go
off the record. Microphones are sensitive and they pick
up whispers an private conversations. At this time, will
counsel and all present identify themselves for the
record.
MR. GOLDSTEIN: My name is Daniel Goldstein
of the firm Brown Goldstein & Levy. I represent the
plaintiffs in this case.

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If I ask a question and you answer it, it is going to be
presumed that you understood the question, so if my
question lacks clarity or is ambiguous, don't answer it.
Tell me my question is not clear, andly rephrase it. Did
I make that clear?
A. Yes, you did.
Q. Okay. If you are inclined to an affirmative
or negative response to an answer, try to avoid saying
"m-hum" or "huh-uh", because the court reporter will not
be able to accurately reflect your answer, but use instead
yes or no. Is that fine?
A. Yes.
Q. I've had m'hum in response to that question.
Now, there are times when a witness will start
answering my question before I've completed it. When that
happens, the transcript isn't clear because the court
reporter can't get both of us talking at once, but even
apart from that there is the risk you will then answer
differently misapprehending my question, plus I will put
qualifying clauses at the end of my question, so I ask you
please, wait until I've finished asking before you answer.
Is that fair?
A. Yes.

Draft Copy

MR. SHANDROW: This is Darrell Shandrow. I'm
a blind journalism student at Arizona state university.

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A. That's correct.
Q. But you have expressed over and over again,
have you not, that if the pilot project is a success, you
envision it being expanded to other departments and other
classes in the university?
A. I will say further that we've actively looked
for ways to find other places to try it.
Q. Right. Indeed, Exhibit Number three is your
blog on this topic, is it not?
A. Yes, it is.
Q. And if we look at the second page, print page,
you're saying, aren't you, I'm pumped to work with Amazon
to see how the Kindle can help the university accelerate
the adoption of electronic textbooks into a variety of
courses?
A. Yes.
Q. In response to I think the first comment, you
say we are really excited about this and hoping this grows
into something great?
A. Yes.
Q. The risk that this could go forward, that is,
the wider use of Kindle, without or before blind students
have access to Kindle is a very real possibility at this

DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
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is an emerging technology, one that is emerging very
quickly, but not fully emerged. And so it is limited in a
broad array of ways, one of which is that it is not fully
accessible to blind students. But there a broad array of
ways in which it is limited. And so what ASU is trying to
do, I think, is understand those limitations and to a
certain extent understand how that market will evolve so
that ASU can be in a position to make effective use of
this change in technology to serve all of its students.
That is our purpose.
Q. So let's talk about that for a minute.
A. Okay.
Q. You have CourseSmart out there?
A. Yes.
Q. And the student buys the book online and can
either download it or can keep it on a virtual bookshelf?
A. I think they rent it. That is what I think
the course mart.
Q. They are licensing the book?
A. And I think it goes back at the end of
180 days.
Q. And they can either down load it to their
computer at one price or they can access it on line as

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university, is it not?
A. I'm not sure I completely understand your
question. When you say that the Kindle goes forward at
this university. What does that mean to you?
Q. Well, you have actively sought out other
programs and other courses in which to deploy the Kindle?
A. Yes.
Q. That is what I mean.
A. So the idea that a number of students larger
than 80 might use the Kindle, yes.
Q. Okay. And those classes could be ones that
Darrell Shandrow could enroll in?
A. Certainly.
Q. Or any one of a number of other blind students
could enroll in?
A. Certainly.
Q. Where their fellow students would have all of
the advantages you've described of the Kindle and they
would have what DRC provides; correct?
A. No. Because I think it is important to
separate the -- I think it is important to focus on the
grows into something great as opposed to the, oh, this is
universally something great. What is very clear is Kindle

DRAFT

ADRIAN SANNIER, Ph.D.

08/24/2009

*** UNEDITED UNCERTIFIED TEXT ***
their other option from their device?
A. I think that is correct. Well, I don't know
about any devices. There is a range of devices it works
on.
Q.

Well, that is true.

A. I don't think you can do it from a Kindle
device, for example.
Q. No, you can't. It has to be a device where
you can download their digital rights management software.
One of the things I neglected to mention, any time you
want to have a break -MS. HUDSON: Can we have a break then to get
some water?
VIDEOGRAPHER: Yes, this is the conclusion of
tape Number one. The continuing video deposition of Dr.
Adrian Sannier. We are off the record and the time is
approximately 12:12 p.m..
(Recess from until.
VIDEOGRAPHER: This is the beginning of tape
number two of the videotaped deposition of Dr. Adrian

Draft Copy

Sannier. The date is August 24th, 2009. The time is
approximately 12:18 p.m.. please go ahead
BY MR. GOLDSTEIN:

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BY MR. GOLDSTEIN:
Q. Okay, well, as it happens, Google apps are
accessible?
A. Not so much as it happens. Google apps was
replacing a system that was substantially similar to it in
its form and function.
Q. Right?
A. And so it is less as it happens than as a
consequence of it being a technology in a certain state of
maturity.
Q. Let's talk about that for a minute.
A. Okay.
Q. Browsers have been accessible for a very long
time; right?
A. M'hum.
Q. But Google chrome is built off of web kit
which is not accessible for PCs; right?
A. That is outside the scope of my knowledge.
Q. Okay. But, in fact, if the vendor is not
paying attention to accessibility and you are not paying
attention to accessibility, I don't mean you personally
but your office is not, then even in a mature technology,
like a browseer, everybody can end up with an

DRAFT

ADRIAN SANNIER, Ph.D.

08/24/2009

*** UNEDITED UNCERTIFIED TEXT ***
don't put that at the -- as the very first consideration
as the technology emerges because it generally is not
accessible when it first emerges that is what I would say
characterizes how it is we approach those emerging
technologies.
Q. Vista, whatever its drawbacks was successful
the day it was introduced?
A.

I don't know whether that is true or not.

Q. Okay. But if institutional purchasers require
accessibility, then the likelihood that a product will be
accessible on the day it's introduced becomes much
greater, doesn't it?
A. I don't know that that is true, no. That is
an interesting speculation, but I'm not sure that is true.
Q. The -- but in any event, the day that you put
your name on the agreement with Google apps, you did not
know whether those applications were accessible or not;
correct?
A.

That's correct.

Q. The day you signed up with iTunes U as a
partner, you did not know whether iTunes U was accessible
or not; correct?
A.

That's correct.

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accessibility; right?
A. I have to dispute one of the premises of your
question that our office doesn't pay attention to
accessibility.
Q. I thought I said if, but?
A. If your question is, if no one pays attention
to accessibility will it happen magically?
Q. Right. Does?
A. You would be right about that.
Q. We couldn't have a bumper sticker that says
accessibility happens; correct?
A. You don't really want me to answer that.
Q. But why do you say your office does pay
attention to accessibility?
A. Because we do.
Q. But not when you did Google apps or Amazon
Kindle or well, not with Google 57s or with Amazon single;
correct or iTunes U?
A. What I would say is that there are a broad
frontier of areas where we address issues of
accessibility, where we pay attention to issues of
accessibility. We are interested in the issues of access
ability relative emerges technologies buzz we generally

DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
*** UNEDITED UNCERTIFIED TEXT ***
Q. And the day you signed up for the Kindle pilot
program, you did not know whether it was accessible or
not?
A. I think I did with respect to the Kindle
because I had personal experience with it. So I knew it
wasn't accessable.
Q. Okay. Let me show you an e-mail, and you may
have seen it in its more complete form, but this is an
e-mail, if you have seen it, from Teresa Haven to Norma
GUIR -- no, to lance Harrop. HARROP
And who is Teresa Haven?
A. I don't know.
Q. Okay. Well, let's -- let me represent to you
for the sake of moving this along, that Teresa Haven is
the person in charge of creating accessible eBooks for
Arizona statute university?
A. Okay.
Q. Under Dr. Hedgpeth. And in this e-mail which
perhaps you can read the date, because I don't have it
immediately in front of me?
A. There is a lot of dates on it.
Q. Okay. Well, the top -- here we go?
A. The May 6th.

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DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
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problem with technology being accessible at the out set,
it is a cultural problem?
MS. HUDSON: Form and foundation.
THE WITNESS: I'm afraid that all I would be
able to agree with is that sometimes it is a cultural
problem.
BY MR. GOLDSTEIN:
Q. Do you have in mind any technological problem
for which there aren't existing solutions, as sex ability
solutions?
A. You know, as I said, I wouldn't want to
speculate.
Q. Right.
A. What I did say was that I think the
technologies often in their early stages are not
accessible. I think that examples abound.
Q. Yes?
A. And beyond that, I think it is hard for us to
know all the reasons why that is true.
Q. As with bricks and motar, it is a general
conception that retrofitting is more expensive.
MS. HUDSON: Form the form and foundation.
THE WITNESS: I don't know that that is always

DRAFT

ADRIAN SANNIER, Ph.D.

08/24/2009

*** UNEDITED UNCERTIFIED TEXT ***
consequences that flowed from ASU's announcement that its
undertaking of the pilot project with Kindle; correct?
A.

That I received this e-mail from Michael

Bossone.
Q.

Let's take it one more step. He is

representing to you, is he not, that the University of
Miami is now interested in following suit?
A.

But beyond this e-mail and a conversation I

had with Michael Bossone, I don't have any indications
that the University of Miami is pursuing it.
Q.

From your dealings with Mr. Bossone, is he

generally a reliable and truthful person?
A.

I have very limited dealings with Mr. Bossone

and most of them have to do with things that happen at
ASU. So it is hard for me to say whether he really was
speaking for the University of Miami.
Q.

Okay. Did you participate in a meeting in May

with other universities involved in the Kindle pilot
project?
A.

The meeting that I can recall would have been

in connection with the event in New York.
Q.

Okay. Mark this as the next exhibit.
(The Reporter marked Exhibit 22 for

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DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
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true.
Q. So there is now a collaboration site for you
and the other pilot programs; correct?
A. I think so.
Q. And are you a participant in that?
A. I'm not an active participant, no.
Q. Have you been following it at all?
A. Not really.
Q. Let me show you Exhibit Number 15.
A. Okay.
Q. From a gentleman whose last name is spelled
BOSSONE. Is this someone you know?
A. It is.
Q. And who is he?
A. He is an assistant Dean at the law school.
Q. And he is talking to you there about the
possibility that the University of Miami law school may
make use of kindles; correct?
A. Let me just make sure. Yes. Well, I'm not
sure -- let me pull my yes back.
Q. Okay.
A. Yeah, okay, very good.
Q. And this is another example of the

DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
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identification.)
BY MR. GOLDSTEIN:
Q. I'm sorry, Lisa.
I;m looking here at an e-mail from Gail Ryser,
if I'm saying her name correctly, from ASU's global
institute of sustainability. And she is writing you, is
she not, to find out if her program can participate in the
Kindle project; correct?
A. That looks correct.
Q. And is that still a possibility?
A. Yes. Well, I mean, in the sense that I
described earlier.
Q. Right.
(The Reporter marked Exhibit 23 for
identification.)
BY MR. GOLDSTEIN:
Q. This is, I'm going to butcher the poor man's
name. This is an e-mail from a gentleman whose name is
van and then HUYSSTEEN from the University of K town,
South Africa, inquiring as to how they might look at use
of the Kindle in their institution; correct?
A. Yes.
Q. And did you pass on this information to

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Ms. Barlow to follow up?
A.

I did.
(The Reporter marked Exhibit 24 for

identification.)
BY MR. GOLDSTEIN:
Q.

What is the ASASUW, if you know?

A. I I'm not very good with acronyms
BY MR. GOLDSTEIN:
Q.

I thought you had a better shot than I did?

A. I'm sorry. I will take a look at it for a
minute and see if I can...
I'm going to say it is a student organization
associated with the west campus based on what I'm reading
on the second page last paragraph.
Q. If along the lines you indicated there is a
broadening of the use of the Kindle, would that campus,
the west campus also be potential participants?
A.

Yes.

Q. Is Arizona State University participating in
any attempts to get additional textbook publishers to make
books available on the Kindle?
A.

I'm not aware of any.

Q.

Okay.

DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
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A. I don't know.
Q. Do you think he should fund it?
MS. HUDSON: Objection.
THE WITNESS: Personally?
BY MR. GOLDSTEIN:
Q. Yes?
A. No I mean, do I think he personally should
fund it.
Q. Yes.
A. Or do I think it an inappropiate use of his
tuition dollars. I think it is a defensible use of his
tuition dollars.
Q. Well, as an attorney, I have a very broad
understanding of defensible. Covers more than
appropriate. Is it appropriate?
A. Yes, I think it is.
Q. What is the one-to-one program?
A. Broadly speaking, it is a cluster of
relationships designed to facilitate students maybeing
efficient use of mobile technologies. Meaning
technologies that they personally own and which they use
in the course of their schoolwork.
Q. Okay. And so part of that would be perhaps

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DRAFT ADRIAN SANNIER, Ph.D. 08/24/2009
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(The Reporter marked Exhibit 25 for
identification.)
BY MR. GOLDSTEIN:
Q. Now, Arizona State university paid
out-of-pocket for 35 kindles; is that correct?
A. I believe that is correct.
Q. And also for a coordinator for the pilot
program?
A. Yes.
Q. And the document you have before you now only
addresses the kindles, but those Kindles were purchased
out of general operating funds; correct?
A. I think that is true.
Q. And was the program coordinator also paid for
out of those funds; do you know?
A. I don't know.
Q. Okay. Do tuitions go into general operating
funds?
A. I'm not sure.
Q. Okay. So far as you know, it is possible that
Mr. Shandrow may be helping to pay for this?
MS. HUDSON: Form and foundation.
Q. The funding of this pilot program?

DRAFT

ADRIAN SANNIER, Ph.D.

08/24/2009

*** UNEDITED UNCERTIFIED TEXT ***
even to migrate print materials to online?
A. We haven't gotten to that level of
sophistication, yet.
Q.
right?

But that is a place that you would like to go;

A. I think that the notion of making material
accessible digitally is a value to people who own their
own equipment, yeah. But speaking specifically about ASU
one-to-one, it is not a place that we've made a lot of
inroads. {}
Q.

Okay. Let's mark this as an exhibit.
(The Reporter marked Exhibit 26 for

identification.)
BY MR. GOLDSTEIN:
Q. I've got now before you, sorry what exhibit
number is that?
A.

Looks like 26.

Q. 26. I would like to focus rather on the
question of inroads, a question of direction.
A.

Okay.

Draft Copy

Q. And in this e-mail on February 12th of this
year, you suggest, do you not, to Ms. Barlow that you
would like to see some degree programs go entirely

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with has to do with access to books. Even taking into
account access to the web, is there anything that is more
core to the university mission than students to access
books.
MS. HUDSON: Form and foundation.
A.

Books are very important.

Q.

And Dr. Sannier, you have been generous with

your time and I thank you?
MS. HUDSON: We will read and sign. No
questions.
VIDEOGRAPHER: This concludes the videotaped
deposition of Dr. Adrian Sannier, senior, four recordingS,
the time is approximately 2:49 p.m.

Draft Copy

University Technolo Officer » Please Welcome ASU's Newest Freshman to Campus: t... Page 1 of 8

jpectrARIZONA STATE
UNTVERS1 TY

University Technology Officer
Adrian Sannier, UTO, Arizona State University
« Technology as a Sixth Sense
My wiki would rather play shuffleboard. »
May 6 2009

§ EXHIBIT NO.

3

Elease Welcome ASti's Newest Freshman to
uampus: the kindie
By Adrian Sannier
Blogged from: Technology
For most college students, it's almost a rite-of-passage to
spend big bucks at the bookstore. But with advancements
in online publishing, digital textbooks are no longer out of
the question. Not only are they cost effective, they're
convenient, searchable, environmentally friendly, and may
even incorporate rich media, giving students the ability to
both read about a subject and maybe watch a video about
it too.
And yet, even with all their advantages, traditional paperbased books still rule at universities around the country.
What gives? Well, in my view, it's a complicated
interaction between publishers, faculty, and students all caught in a 20th century business
model that's yet to give way.
But all that may be changing, and soon.
Beginning in Fall 2009, ASU is partnering with Amazon to try out the Kindle DX, Amazon's latest
digital reading device, to replace traditional textbooks in the classroom. Selected classes of
students will begin using the Kindle instead of paper books, and we'll be comparing how they
fare relative to their paper book wielding counterparts.
For example, thanks to a proposal from Dr. Ted Humphrey, President's Professor in ASU's
Barrett Honors College, a group of students enrolled in this fall's Human Event course will
receive their textbooks not as bound books but on a brand new Kindle DX instead. The Human

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Event is a two-semester course required of all Barrett students that covers a wide range of
material from about 50 different sources.
ASU is actively working with Amazon to find those courses of study for which the Kindle is a
good alternative to traditional texts. In those areas, Kindle delivered e-books would provide
students with a significant cost savings and provide them with an additional flexible learning
tool. In addition to cutting textbook costs and reducing the weight in students' backpacks, digital
textbooks are available for download wirelessly and reduce the amount of paper used to print
and distribute textbooks.
Electronic texts provide the capabilities that today's students have come to expect–they're
searchable, flexible, easy to annotate, and less expensive than traditional texts. I'm pumped to
work with Amazon and to see how the Kindle can help the University accelerate the adoption of
electronic textbooks into a variety of courses.
ASU is one of five universities participating with Amazon in the Kindle pilot. The others are
Princeton University, Case Western Reserve University, Reed College, and Darden School of
Business at the University of Virginia.
As always, your thoughts, notions, questions and comments are welcome.

26 Comments
• 1
Wednesday, 6 May 2009, 10:01
By JSA Lowe
Yes, yes, YES! This is wonderful news, and I'm excited to see the tired old "20th-century
business model" (or, really, 19th-century) give way to something practical, useful, and
efficient—and above all *searchable*. Bravo to UTO for making this happen!
• 2
Wednesday, 6 May 2009, 10:36
By Adrian Sannier
We're really excited about this and are hoping this grows into something great!
. 3
Wednesday, 6 May 2009, 11:00
By J Jensen
Given that the Kindle DX retails for $489.00 without any books loaded, how much will
students need to pay to receive their books in the future? Is this trial run going to be
subsidized in some form? Will these Kindle DXs remain the property of ASU?
Another question, assuming adoption by the University, would be how will this compare to
the current market for paper books? I am a unique case in that I still have all my textbooks
from my undergrad (Computer Systems Engineering) but most of my fellow students
routinely sold their books back at the end of the semester making their cost of ownership

PRil

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much lower than it might be with an eReader like the Kindle. Paying "NEW" prices for all
my books when they can't be sold back at the end of the semester would be rather
discouraging to many students.
• 4
Wednesday, 6 May 2009, 11:03
By Alice Robison
I'll be interested to try this out. While my area of research is new media, I'm never in favor
of claiming that digital technologies should necessarily replace analog ones. But if the
Kindle DX will allow us to use .pdf files in our teaching, that will be a nice supplement to
other materials we use with students.
. 5
Wednesday, 6 May 2009, 15:34
By Sharon Morley
What an excellent idea. It's innovative and cost effective. I truly hope this becomes the
norm!
• 6
Wednesday, 6 May 2009, 16:02
By JoshCork
This is fantastic. I hope this takes off, I think this could help transform education!
. 7
Thursday, 7 May 2009, 11:40
By John Carter McKnight
This has enormous potential for law students in particular, as a cost- and weightalternative to a stack of casebooks. It will also be nice to have a well-formatted display for
online journal articles, rapidly becoming the staple of graduate education.
• 8
Friday, 8 May 2009, 11:06
By Adrian Sannier
Good questions. Not sure of the business model answers yet. If Amazon's trade book
model is any guide, 50% reductions in book prices could be expected. Maybe a rental
model too? All of this we'll have to see as we go forward.
• 9
Monday, 11 May 2009, 15:25
By Tony
It's a wonderful idea, but I think Amazon needs to lower the price of the Kindle - at $489.00
it's a bit steep for students. Hopefully, ASU will offer some kind of discount. Even a price
like $299.00 would be more palatable.
• 10
Friday, 15 May 2009, 9:25
By Pamela G

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Is ASU negotiating an "educational use" price on the Kindle? If so, I would be VERY
interested in trying it outl
• 11
Friday, 15 May 2009, 13:58
By Adrian Sannier
At this time we don't have any information on price other than the list price that Amazon
has put forward already.
• 12
Monday, 18 May 2009, 14:26
By Karen Kramer
The Kindle is second on my must have list.., right after the new MacBook Pro and before
the lPhone.
• 13
Saturday, 23 May 2009, 12:42
By Tim Reasoner
The Kindle does not seem like a good deal for a student like me. I like to add elaborate
highlighting and notes to all of my textbooks.
It appears to me that this will not be readily possible with the Kindle.
I once heard a Noble prize winner (do not remember who) on PBS say, 'if a textbook is not
heavily marked up, you haven't learned anything from it'.
If I got stuck with one of these 'Kindle classes', I would immediately go out and buy the
real book instead.
I suspect that the Kindle is good for fluff reading (murder mysteries, etc.), but not for
optimal learning.
• 14
Tuesday, 26 May 2009, 11:42
By Adrian Sannier
That's part of what we hope to learn, Tim. Markup is possible on the Kindle, and it can be
digital and searchable, which standard markup isn't. There's an old British saying that
what you lose on the swings, you gaip on the roundabouts...We'll learn a lot about this I
think, and we also might find out that one size definitely doesn't fit all.
• 15
Sunday, 31 May 2009, 14:14
By Sher
That last comments about one size not fitting all might be right, but I think there are other
outlets for this sort of technology rather than just the Kindle DX. As Apple promotions for
the ipod touch and iphone for students keep popping up at back to school time each year,
and the new kindle reader app for iphone/itouch seems to have pretty robust development,

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are there any plans for ASU to track or survey kindle textbook downloads by students on
these devices?
I agree that the Kindle DX current price point is a little steep. It seems many more
students/faculty are willing to pay for an ipod touch/iphone device or similar convergence
device. I know it doesn't have the fancy e-ink display (although a device in black and
white, no color, with slow-ish refresh rates, doesn't seem like a step forward to me, but
that's just my own opinion) and the ipod screen is pretty small, something maybe not so
great for long books or articles. However, even with these limitations, students might be
willing to read on a smaller, color touch screen device rather than having to pick up a $489
device just for textbooks.
• 16
Monday, 8 June 2009, 12:19
By Darrell Shandrow
The Kindle is inaccessible to the blind, visually impaired and some other users with print
reading disabilities. I am a blind ASU student at the Walter Cronkite School of Journalism
and Mass Communication. I strenuously object to the university's use of our tuition and/or
taxpayer dollars to negotiate with or purchase anything from vendors, including Amazon,
that fail to deliver products and services which are fully accessible to everyone. Since the
Kindle remains inaccessible, I strongly feel that, at this time, ASU should stop this project
and cease all dealings with Amazon with respect to use of the Kindle books until
accessibility of the books and the devices can be assured.
• 17
Thursday, 11 June 2009, 12:37
By Graciela Gonzalez
How do we get textbooks lined up as a request for Kindle version? I am interested in
getting the BMI students use the technology.., and then explore application development
on it, if that is at all an option.
• 18
Friday, 12 June 2009, 18:45
By Melissa Ward
Right now we have the diversity of buying textbooks online at a cheaper price. 1 like the
idea of having the Kindle versus the countless textbooks. The only thing I don't want to
see happen is the price of the downloaded textbooks hiked, even though they cost much
less to the university.
How long will a Kindle last a student, how durable are they, can books be transferred from
the Kindle to a computer, what is the warranty on the Kindle, as textbooks update with
various editions will this be the case with Kindle, what happens if a student accidently
downloads the wrong book, and with the heat in AZ there are going to be bookbags left in
cars accidently will there be insurances for the Kindle?
• 19
Monday, 15 June 2009, 14:04

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By Todd
I believe the 2nd Generation and newer Kindles can in fact read the text aloud, which
would be accessible to visually impaired would it not?
• 20
Wednesday, 1 July 2009, 15:44
By Michael
So I'm an incoming Barrett freshman. How do I get one?
• 21
Wednesday, 8 July 2009, 20:55
By Pat
Having used my Kindle 2 last semester for courses and had all my textbooks readily
available on it, I highly support this initiative! As far as a concern about highlighting and
note taking in books, I am constantly doing this! With the Kindle, not only can you highlight
and make notes just as easy as you can with a paper book. What's nice is that the Kindle
automatically stores your notes and highlights in a summary page which you can refer to
and search. When you find the notation you're looking for, you simply click on it and it will
take you to the place in the book where you made the note/highlight! A lot better than
putting sticky notes on pages to indicate sections of importance and then having to go
back and search through the book for those important passages! It's a great time saver
when studying for tests or writing papers where you need these as a reference point.
• 22
Friday, 10 July 2009, 18:15
By Kristy K
Will the kindle be available in the bookstore for all students to purchase? (Hopefully at a
cheaper price than $489.00) Or do you have to be one of the lucky ones in a progressive
class?
• 23
Sunday, 12 July 2009, 21:48
By Jenny
I agree that they shouldn't be the only option for blind students, and those with visual
problems that cause Kindle to be unusable. You should absolutely have equal access.
But, as a student with low vision (visual impairment, but less severe) and issues with color
contrast, it would personally help me. I currently receive text and testing accommodations
through the disability center. Carrying a laptop is not always practical, and I can rarely
read out of the textbooks. I carry magnifiers, but those only help when size—not-contrast—is
the issue, and they impede my normal speed of reading.
A Kindle would help me by having high contrast monochrome text that 1 can easily re-size.
The portability and battery life are appealing, plus it'd be nice to study texts while on the
lig htrail.

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I solidly agree that it shouldn't be mandatory, but consider that some visually impaired
students, like me, would be helped by this new technology.
• 24
Wednesday, 29 July 2009, 21:53
By Johnny K. Young
How much will it cost and will payment plans be available for those who don't "qualify" for
financial aid? Also, what is the cutoff date for the class. I have 99 hours attempted from an
out of styate school but would like to start completely afresh.
• 25
Wednesday, 29 July 2009, 22:02
By Johnny K. Young
In response to the "Text-to-speech option, this is an "experimental program" that
Amazon/Kindle is looking into but it may be a year or so before it becomes viable in a
classroom setting. You have to make it "pretty" and THEN make it work. The liited number
of visually impared students versus the students who can see and benefit from such an
advancement renders the liklihood of this "addition" being added to the DX is
someonewhere between slim and none at this point, though it MAY be added as a
"software upgrade" at a later date. To do it NOW would be akin to putting totally blind
people on a collegate dodgeball team...a no-win situtation if there ever was one.
• 26
Friday, 31 July 2009, 18:16
By John Cannistraro
The Kindle should be an option not the only choice a student has. I personally have not
enjoyed electronic textbooks I purhased online. The Hardware is another issue. What
happens to a lost or stolen device, replacing a few books is a lot less than a $500
aparatus. I really hope the University considers this as an OPTION and not mandatory line
item.
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From:

Sent:

To:

Subject:

Adrian Sannier
Friday, July 24, 2009 09:48 AM
Art Lee
Fwd: Kindle for MBA students

Forwarded message
From: Kari Barlow <[e-mail] >
Date: Tue, May 26, 2009 at 11:40 AM
Subject: Fwd: Kindle for MBA students
To: [e-mail]
Cc: Adrian Sannier <[e-mail] >
Hello Richard,
I currently coordinate the Universities Kindle efforts. We are one of 5 universities working on
pilots of the Kindle DX with Amazon. Our initial pilot is for our undergraduate honors program, but
we plan to extend the Kindle availability to all ABU students soon and are working closely with
Amazon on a process to prioritize the conversion of textbooks. I would be happy to talk to you
further, if that would be helpful.
--Kari
Kari Barlow
Assistant Vice President, Strategic Alliances & Special Initiatives
University Technology Office, Arizona State University

Forwarded message
From: Adrian Sannier <[e-mail] >
Date: Tue, May 26, 2009 at 11:34 AM
Subject: Fwd: Kindle for MBA students
To: Kari Barlow <[e-mail] >

Forwarded message
From: Richard Van Huyssteen <[e-mail] >
Date: Thu, May 21, 2009 at 1:54 AM
Subject: Kindle for MBA students
To: [e-mail]

Hello Adrian
It was good to meet you at the April Oracle HE Council meeting. I recall your mentioning over
dinner that you provide your MBAs with their textbooks via Kindle - is that correct?
If so, would you mind if I put one of our Graduate Business School
someone else in your department if you prefer?

people in touch with you, or

Many thanks
Richard
Richard van Huyssteen
Student System Support
Office of the Registrar
Room 3.64, Kramer Building
Middle Campus

2 EXHIBIT NO,

nn'le- r
1L Ca --' ,C( -(1c/ .
§ SO

ASU-NFB00051

UCT
Tel: [phone]
Fax: [phone]

UNIVERSITY OF CAPE TOWN
This e-mail is subject to the UCT ICT policies and e-mail disclaimer published on our website at
http://www.uct.ac.za/about/policies/emaildisclaimer/ or obtainable from [phone]. This e-mail
is intended only for the person(s) to whom it is addressed. If the e-mail has reached you in error,
please notify the author. If you are not the intended recipient of the e-mail you may not use,
disclose, copy, redirect or print the content. If this e-mail is not related to the business of UCT
it is sent by the sender in the sender's individual capacity.

ASU-NFB00052

Exhibit 2

Arizona State University

1 of 3

Effective: 1/1/1983

http://www.asu.edu/aad/manuals/usi/usi701-07.html

Revised: 7/1/2008

To facilitate equal access to course materials for qualified students with disabilities who are eligible for
textbooks and other course materials in alternative formats (including but not limited to Braille, large print,
E-Text, and audio textbooks)

The Rehabilitation Act of 1973, 29 United States Code §§ 701–796
Americans with Disabilities Act of 1990 (ADA), 42 United States Code § 12101 et seq.
Commission on Civil Rights
Disability Resource Center
University Registrar’s Office
Business Services
ASU Bookstore

Textbook/print conversion is a time-intensive process, especially for technical subject matter, and can
require up to four months (e.g., mathematics, science, foreign language texts) to complete. To facilitate
the availability of these accommodations from the first day of class, students must enroll in classes during
Priority Enrollment, provide qualifying disability documentation to the Disability Resource Center (DRC),
meet the accommodation request deadlines, and follow specified procedures. DRC professional staff
authorize and refer students to the appropriate DRC service providers, who:
1. facilitate the ordering and acquisition of recorded textbooks from Recordings for the Blind and Dyslexic

8/23/2009 9:00 AM

Arizona State University

2 of 3

http://www.asu.edu/aad/manuals/usi/usi701-07.html

(RFB&D) and other sources
2. provide recorded portions of textbooks and class handouts for students
and
3. produce certain class materials in alternative formats (e.g., Braille, E-Text, audio text, and large print).
Eligible students can access adaptive equipment at various sites at each ASU campus. Students requiring
enlarged text may use text enlargers and computers with text enlargement software in select areas on
most campuses. For locations, see individual campus procedures.
Following a review of the text to be converted and the nature of academic assignments, all printed
materials are produced in a format approved by the appropriate DRC professional staff.
Students with personal RFB&D memberships are responsible for acquiring and returning their own RFB&D
audio-recorded or digital texts. Students who are accessing RFB&D tapes or digital recordings through the
DRC/ASU institutional membership must return borrowed tapes or digital recordings to the DRC. The
DRC staff is available to assist with problems and for backup when tapes or digital recordings do not
arrive as scheduled.
Note to
continuing
ASU
students:

To facilitate the availability of alternative format accommodations from the first day of
class, qualified students with disabilities are assigned a priority enrollment
appointment. Students must enroll within three days of their priority enrollment
appointment and contact the DRC within 10 days of enrolling to facilitate
accommodations from the first day of class. If a student fails to follow this policy,
DRC will make every effort to accommodate as close to the first day of class as
possible on a first-come, first-served basis.

Note to new
ASU
students:

New ASU Students enroll in classes at an ASU orientation session. Therefore, new
ASU students should attend an orientation session as early as possible upon
admission to the university and complete all specified DRC procedures in order to
facilitate the availability of alternative format accommodations as close to the first day
of class as possible on a first-come, first-served basis.

See the DRC Web site for detailed information and procedures for accessing services and
accommodations available for qualified students at specific ASU campuses and sites.

For further information, see
1. USI 701–02, “Eligibility for Accommodations—Required Disability Documentation”
2. USI 701–03, “Priority Enrollment for Students with Disabilities”
3. USI 701–08, “Interpreting Services for Students Who are Deaf/Hard-of-Hearing”
and
4. USI 701–11, “Adaptive Equipment Checkout for Eligible Students with Disabilities.”
skip navigation bar
USI manual | ASU policies and procedures manuals | Index of Policies by Title | University Student Initiatives Web
site

8/23/2009 9:00 AM

Arizona State University

3 of 3

http://www.asu.edu/aad/manuals/usi/usi701-07.html

Back to Top

University Policy Manuals Group
1130 E. University Center, Suite 110
Mail code 4104 | 480/965-1717
Dorothy DiRienzi, Editor/Publisher

8/23/2009 9:00 AM

Exhibit 3

Disability Resource Center - Arizona State University

1 of 2

http://www.asu.edu/studentaffairs/ed/drc/services_alternative.htm

ASU Home
ASU A-Z Index
My ASU
Colleges & Schools
Directory
Map

With appropriate documentation, students may be eligible to receive text materials in alternative
format (i.e., audio text, Braille, large print, tactile graphics, electronic-text, etc.). Students must meet
with their DRC Disability Access Consultant each semester to determine if they are eligible for this
accommodation and place requests for materials.

If a student does not provide complete information and materials in a timely manner, we cannot
perform conversions in a timely manner. In case materials are not available on the requested
delivery date, we strongly recommend that students become familiar with assistive technology that
will help them access texts on their own. Such technology may include, but is not limited to:
Kurzweil
ReadPlease
TextAloud
Adobe Acrobat Reader
CCTV units
Students are welcome to ask for assistance from the DRC Assistive Technology Lab personnel in
learning how to use these programs. Students may also wish to discuss the possibility of a reduced
reading load through course balancing with their Disability Access Consultant.
For additional important information, please also read:
DRC alternative format services policy
Alternative format services procedure

8/23/2009 8:56 AM

Disability Resource Center - Arizona State University

2 of 2

http://www.asu.edu/studentaffairs/ed/drc/services_alternative.htm

Disability Resource Center
Matthews Center
P.O. Box 873202
Arizona State University
Tempe, AZ 85287
Phone : [phone]
TDD : [phone]
FAX: [phone]
E-mail : [e-mail]
Student Affairs
University Student Initiatives

8/23/2009 8:56 AM

Exhibit 4