AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
89
REPLY to opposition to motion re #69 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction, #60 MOTION for Summary Judgment Filed MOTION for Permanent Injunction (Plaintiffs' Reply in Further Support of Plaintiffs' Motion for Summary Judgment and Permanent Injunction and Opposition to Defendant's Motion for Summary Judgment) filed by AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL ASSOCIATION, INC., NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, INC.. (Attachments: #1 Plaintiffs' Statement of Material Facts in Opposition to Defendant's Motion for Summary Judgment, #2 Plaintiffs' Reply to Defendants' Statement of Disputed Facts, #3 Plaintiffs' Response to Defendant's Objections to Plaintiffs' Evidence, #4 Declaration of Nikia L. Gray, #5 Exhibit VVV, #6 Exhibit WWW, #7 Exhibit XXX, #8 Exhibit YYY, #9 Exhibit ZZZ, #10 Exhibit AAAA, #11 Exhibit BBBB, #12 Exhibit CCCC, #13 Exhibit DDDD, #14 Exhibit EEEE, #15 Exhibit FFFF, #16 Exhibit GGGG, #17 Exhibit HHHH, #18 Exhibit IIII, #19 Exhibit JJJJ, #20 Exhibit KKKK, #21 Exhibit LLLL, #22 Exhibit MMMM, #23 Exhibit NNNN, #24 Exhibit OOOO, #25 Exhibit PPPP, #26 Exhibit QQQQ, #27 Exhibit RRRR, #28 Exhibit SSSS, #29 Exhibit TTTT, #30 Exhibit UUUU, #31 Exhibit VVVV, #32 Exhibit WWWW, #33 Exhibit XXXX, #34 Exhibit YYYY, #35 Exhibit ZZZZ, #36 Exhibit AAAAA, #37 Exhibit BBBBB, #38 Exhibit CCCCC, #39 Exhibit DDDDD, #40 Exhibit EEEEE, #41 Exhibit FFFFF, #42 Exhibit GGGGG, #43 Exhibit HHHHH, #44 Exhibit IIIII, #45 Exhibit JJJJJ, #46 Exhibit KKKKK, #47 Exhibit LLLLL, #48 Exhibit MMMMM, #49 Exhibit NNNNN, #50 Exhibit OOOOO, #51 Exhibit PPPPP, #52 Exhibit QQQQQ, #53 Exhibit RRRRR, #54 Exhibit SSSSS, #55 Exhibit TTTTT, #56 Exhibit UUUUU, #57 Exhibit VVVVV, #58 Exhibit WWWWW, #59 Exhibit XXXXX, #60 Exhibit YYYYY, #61 Exhibit ZZZZZ, #62 Exhibit AAAAAA, #63 Declaration of Wayne Camara, #64 Plaintiffs' Objections to Defendant's Evidence, #65 Certificate of Service)(Hudis, Jonathan)
<![CDATA[
EXHIBIT ZZZZZ
Case No. 1:14-cv-00857-TSC-DAR
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Th1s proJect IS supported by th~ U.S Department of Education, Office of Special
Education Programs (Award Number H.327Dl20002) (}pinions eJqJre".aSed herein are
th"~ofthe
authors 1md do not nt!'c.~ri ly r~present tht! position of the U.S
Department of Educshon.
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Bookshare is a Globa l literacy initiative of Benetech, a leading Silicon Valley-based nonprofit
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In add ition to Bookshare, Benetech's Globa l Literacy Program in dudes the DIAGRAM Center. a Research a nd Development Center
whose goal is t o dramatically change the way image and graphic content is produced and accessed and Route 66, an on line
instructional literacy program for adolescent and adult beginning reade ~ .
Bookshare o perates in the U.S. under a copyright exemption-the Chafee Amendment- which grants no nprofit organizations the
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Booksharei opens up the world of reading fo r people with print disabi lities.
If you ca nnot read tra ditional print books because of a visual impairment, physical disability or severe learn ing disability, Bookshare
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In order for you to become a Booksl1are' member, an expert must confinn that you have a print disability that prevents you from
read ing traditiona l print materials. Anyone in the world with a qualifying print disability may join Bookshare.
People with hearing loss, alltism, attention deficit hyperactivity disorder (ADHD), o r emotional or intel lectua l disabil ities or whose first
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Learn more about qualifications and who can certify members.
Visual Impairment
Learning
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Low Vision/Blindness
0
Visual
Impairments
A person who is b lind or has low vision and who is unable to read sta ndard print qualifies for
Books hare' as long ;15 a axnpetent authority CDn li llTI$ that the pefSOfl is lc:plty blind. Legal
blindMW is a standard built into thQ law.
Examples of Competent Authorities:
• b mitydoctor
• ophthalmolosist
• optometrist
• ~adler of tM vi5ually imp;;~ ired
• special education teacher
• National library SeMce for the Blind and Physic:.ally H•nd icapped, or similar
CUlM'M'!entbodyoutsideth• U.S.
Physical Disabilities
<5,
Physical
Disabilities
A ~n with~ p h~~ ~ r1 i""hl1ity whn io.llf1"hl~ to "'11t'1 'lfllntl111rrl print 1'\llllllifiv« fnr Rnnko;ha~
u loti I at a competent authority conflnns that the physical disability slgnifiantly interfet-es
with reading.
Examples of Competent Authorities:
• bmily doctor orothl'!f' medial professional
• physical therapist
•l'tiOOr<:ll!specialist,
• spqci;~l edue<3tion texher
Learning Disabilities
Learning 1t",
Disabilities
Apersonwithaleamin.gdis;abilityqualifiesfor~reOIIsloncasacompmentauthority
confinn1- that the learning d'IS&bility si.,.UftUntly intelferes with reading.
Examples of Conl>etent Authortties:
• nourokJsjst
•flmilydoctor
• psychi011trist
• l••mingdisabilityspeci0111ist
• spec.i.. leducation teilclwr
• schoolpsyrholotist
• clinical psycholosist with a background in learning disabilities
Other Disabilities
o
autiSm
• int•llectual disabilities
o
arterrdon deficit hyJ>(!~ctivirydisordftr (ADHD)
•hearing i05S
andpeopl• w hosefirstlanguOII~isnotEnaUshDONOTQUAUFYforBoobhatebu!don~critM'ia ~~tdvl.nn.,.f
&grMmtnts
tt.OIIt determine Boob ha~ llli£ibility.
liowwef, it is quit. possible that a person with one or morfl of these dW!bi&lies coukl st.Jll qua liFy lior Boob haRt bec:;n,se of an
accompanying print d i :H~bility For exampl-. a penon who is both de.ilf and b~11cl, or who has ADHD and signifk.ant dyllexiOII, coukl
qualify.
Frequently Asked Qualifications Questions
For more information on Booksflare's qualifiations. ~ad the frequ end' asked qualifications questions in the t-t.lp Cenler,
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If you are legally blind, you qualify. ln addition, if you don't meet the legal blindness standard, a functiona l vision assessment that
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If you cannot pick up a book, t um pages, maintain visual focus on a book or do not have the physical stamina to work with printed
material, you most likely qua lify for Boolcshare membership.
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So, who doesn't qualify?
The 98% of the population who can pick up a book and read it (or could if they learned to read). The copyright exemption exists to help
the small number of people whose disabiliti(5 have a major impact on their ability to read. Other people who don't qualify indude:
• People without disabilities
• People who have not yet learned to read, but could
• People who do not speak the languag• of material they want to "'ad
• People with disabilities that do not impact the ability to read (for example. most hearing and emotional disabilities)
Some people with these disabilities might qualify on another basis. For example, someone who is both deaf and legally blind qualifies
for Bookshare. Someone with a developmental disability and a learning disability might qualify.
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I'm a certifying professional who qualifies as a Competent
Authority_ How can I access the technical requirements of the law
for certification?
The fu ll technical and lega l details are available on the Ubrary of Congress' Chafee Amendment page and the supporting "'SUiations
(Section B.2.i.). If you are certifying someone who has a physically-based dis<ot.lity ~ndudi ng dyslexia) that makes it diffocult to read
standard print effe.ctivety, he or she shou ld meet the tedlnical requirements and you should be abl~ to confinn this in writing if your
professional expertise is applicable to such a determination. Outside the United States, we accept professionals with equivalent
qualifications.
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Why doesn't Bookshare follow Special Education Law in
determining eligibility for services?
Soobl1 a r• b.,. nutt~~Uvf,;,mtht~wh11aprfnc~~lpv1pM41'0ihttlpiflas~wJtbdi~ltWObld"t/er7mud!~~ toM'(:
mofepoopk-.v;thdlubilit:ie. f'dudU,&~uud~tt~-u,~~lromow·M~How-twt,wt-~t•boi.U)dAnl . b'Jcov.Mgh t t:r.wl).lld.,
when it~to~s.t~'Ptdal c-duca:~n b·M..~ • .wwn.Jtud~wi:hdi:.Obnaits.wf\oeould bonefitfram
acconunod~tionJ. fOf' a.cc~n& tat. whl>alt tnn\\td to Lha4 tdiFU~ UI'\CWrspeci.ll ~tion law 1n UM: U.S... don (fol~ lrfy v nct.r
tiHI~i,&htl.iwutm_ptil>n. otaU1-Uidwtawhh l ndividwiEd\IOdonPt.tm 1 1E~qu:~lify l01~t w..-lob.. roteum:p&e. •
dc•fst\l~t -M dl .a niEPwt-.o &.t&dinatcx~.at.,adotl4wi~Lcf.nocmc.t~tM<.09Yrisht ~olptiftt di.s.abilrty.wh.iliqu:tli!)ina
torolbttkNfccste~~ tD~fneu. Yttl m~ s.:~awltt\outiE.Psc;r504 plarti
(la tb.ttU,J "'l)'qU.11rf)'for •«H3unda'tha
c..opy.iJhl to.w o;J.)L~mptitm.
lht:~rds'Jitt int.httU.S..~t~\'6wfUchocnnilcoP)i"nslJnddf.wibuliondthbc-~ip utd~"-m.bo~p~QIJ!yto«rUin
spo<• itd_ol_pl.. ~q..UIHsundt<U..OW...,.ndmon•(I7US.:fW ),•oO<..ldo~...-.;u.. ..
-t.icl>-'d
~ b,. a copyrlaf!t ;r.trlr~l. lhus.. Sookahatwdootlt'lot ut tnt t'\llt::s fOt qu.alific.Jt~an. h
a "'W¥ ~poiUnt dut Boo:~Wurt
~th«M't'\11atotf\$.!.1.re~an(OntinU.toMIW~wltnd\41mott~pilllcan.t&sabaidnwbtn~~tal'1t~ft1:prif\!.
~ copyriah: t~w e:amocKln. Not lll ~NCIM.tl witb lndivid~l Eduction Pflru (lfh) QUatify ~ ~re Wf't'ic.,_ fO(cxa:rrrp&t. l
rrJdttewt\Jt'OI.IW,ot mcttt:h.-COP>~ ; dtf"Wrlonofpin,·d"tabif'cy, what qouaJif:,in.f
tor other~ r~b~~ lOde-a~ Yct.nwnylofudenU.""~'I[fi'f;or 304' »tam f1n the u.~ I'Nyq,u..t\fyfor ~ unllttlh.
d:u:f1o~t-Mth 1n JEP 'Nho is I'UdirtJ ~ tla 1n
C'OCII}"'~';Pt Llw ~W~mJWoa ,
Th.l .u and:lll'd.s Mt in. U,. I.LS.. Copyt1i)\t lAM wwl'lich petl'l"it ce.~ mAd- di:J.tr;butioft of' theM cop)"'i.atu.d ft\l.ttfiall .apply only to ccnoin
OIJ«iil<d poop< ol peapk>
q~»ulico ...Ot<..., '""'"' An,..d..,onl f i711SC t ill!. "'01~
whld> -.kf
lloolo.h•••
wei>""'"-
otbtf'Wi:..e bela eoP'Y'Ii.Mt '"fril"'gtment. Thloli.. ~h:uo OOtS no:~ tht n.des for qu ~rJ!lc;t tion,. h D ~ tty ~t tha-t ~arc
i'f"_;P""CI t~fUf.esto •nwr • wec~tn cofllinu.e 10
n..,..~..,.,lth t.Mmoi.t.kpfont db.abi1idn'lllhcnh o;:rome) tor .-~&Pfl"1.
Thbc-oPJfiltlt l.tw' o~cion G 4 ~~ b~r&m wh:ch ttics to ~t..I"Cc 1M r~ ol peop~ who • t uMblc-t.o rlt.lld narm.:.lpnnt with
~~
Koncmk:ria}lt:
olpubld.~
)ft/'jouthou.. lti:t Mt~baud Of!~ ml~1 btMf.t from .acctit tO K<~ ~~ ... h.
~•.rfc.bo d14 ~mprlon m.::s IJ'O'lP a{ pe6pl4l wt'lo ~I'• :n.sumtd
(0
not be-'~ to :lett~\$ fVlUI~r pru, t tn:Jftti:ll~ boroi.4C of .1 J&Wrt
d~bi l ily. Publi:Wtt~d <iiiUl.horsdoncn t~ofOIJJohyundeflft~C®VriahLc:l<"em ption,.solhey~lnKOroo'teiP I ~ICA~n
mLW\I'I;.it ~4:1on'~Y'focu::.td'Of\ tf'te.twopeJUntofthl pq)Ubbon Wbo an~ rudwnd<rord pont.
~U"Wiollhtprcr~ot'!Softhtt.N . &olalurt"dr~~quir.clto-Q.IKttt.tmpon"J~"blU~of-terrir~utiOtl~tMpte.J'nsioflal;i;ninathe
Proot of OiubiU fofm to con rm ttta; NCh 8ock:!hare.ttembtof fMittL Uwt ~l der.uhtion.. ti«e- b 4 JimpGhtd ~'Man .).ltJdmtl
:y
wl\oshot.ddb.Jobleotoqw.llfy ftw~r~~J.ndtolu-...aun i"""'~ll (who~tstMlt.p( d~Scxlof:a
C~.ptt«" Authority) .W~.ofJ On 1M spKiflc:s or 1 swdc:l"'.l S ~lifiution:
• Studtnt& wtth vhu1t m~~u \N~ bep ~tm fram fH4"1111 s.tarnbrd p.~{nt (blind, ltpltybtind, onritho.tt-- fiK,c:tJon»J Ydion
fl rn'''u~
'WII ~th ~ IN rnil'ln db..ltlf1.11
lt1.1h:n ~ tMm from ~~ahla. t o .rf«~fy •t'.ld au.Ml.rd p.rU:!L Thd loctudl!"'.
students wit h IEPs th.atan rort~ a.ccommod~ tion tO respond to specific language learning disabilities.
• Students wi th physical disabilities that prevent them rrom reading p1int or using a print book Such a limitation could be the
• S.ud«<u
result o f a :>pinal cord injury, cereb1al palsy, traumatic brain injury, a neurological condition, etc,
Our Booksh:;ne team believesst1ongly in the value o r ac~b l e medi.i ror all students who might benefit from them, beyond those who
currently qualify under these copyright exttmptions. Booksh.are i5 working with domestic and international publi.shers to see if there is a
market model solution fo r t hese other students that provides publisl'w!t'!. and authors with compensation. We would like all mainstream
eboolcs sold to be accessible, and to see that all material that is born digit:aU born accessibly for aiLIt is also important that
yis
Sook.share continues to operate in careful compliance with copyright law to ensure that Bookshare can continue to serve students with
s.e'olere disabilities today. We look forward to the day when everybody who might benelit from acce!3ible materials has .access to them,
Thank you foryOtJr understanding.
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Learn about Membership Costs
o What Does It Cost?
Bookshare• is FREE for qualified U.S. students of any age and schools through an award from OSEP (Office of Spe<:ial Edue<~tion Programs, U.S. Department of Education). Non-students and other
organizations pay a low fee.
•
~
Jill.
-
Individual
• Other Organizations: S&-10 por book. (Learn more)
• Discounted fees available in some countries
Details
Details
•
•
•
•
Organization
• U.S. Schools: FREE
• U.S. Students: FRE E
• Other Individuals: SSO annually+ S25 setup
• Discounted fees available in some countries
For stud'l!n~ adults, sen iors, veterans and othe r individuals with print disabilities
Find an d read un limited books on your own
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Membership Partners may provide sign up and payment assistance
• For schools, agencies, hospitals, senior centers, and organizations serving qualifi ed
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Bookshare0 and Bonetoch• are r<aioU!red trade maries of Beneficent Technology, Inc. This website is e Copyright 2002-2015, Beneficent Technology, Inc.
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Accessibility
• leadership
What are we doing?
• Partners
• Supporters
We want everyone who visits tile Bookshare web-5ite to fee l welcome and fi nd the t-xperience rewarding. When considering how to
• Blog
provide the best experien<:e, we turned to the Web Con~ Accessibility Guidelinos (WCAG) 2.0. Th<!se guidelines oxpl•in how to m•ke
the Web more accessible fo r people with d is;bilities and user friendty for everyone, so that the widest possible audience can access and
interact with content on the Web. For example, the guidelines. help ensure that sites can be easily accessed by kEyboard-only
• News
• leg•l
• Privacy
users and those who use assistive technology like bra ille r&aders and Stteefl magnifiers. The guidelines include three levels of Web
• Accessibility
co ntent a ccessibility (A. M and AAA). We've chosen Le¥eiAA as t he target for t he Bookshare website. which means that we ha11e fully
met all of the criteria (or levels A and AA. When!ver possible 1 we have also met Level AAA criteria. We've also labored to ma ke a ll of the
information you need to evaluat e and use the Bookstlare site easy to fi nd.
How are we doing?
We've worked hard on the Bookshare redesign to make it a great experience for all our use~. We monitor the website regularty to
maintain this., but iryou do find any problems, please let us know!
Want to contact us?
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Legal Information
"" Copyright lnfonnation
o Chafee Amendment
United States
• Copyright Act India
o Digital Millennium Copyright Act
o Digital Rights Management
Legal Basis for Bookshare
Bookshare is a Benetech initiative. Benetech operates Bookshare under an exception to copyright law called the Chafee
Amendment (17 U.S.C. § Ul), which makes Booksharelegally possible in the U.S. The Chafee Amendment allows us to p rovide
copyrighted digital books as long as they are available only to people with bona fide print d isabilities. The Booksharesite does not
provide access to copyrighted works for the general public.
o Forms
Although th<! requirements of the copyright law oxception are clear, ll<!netech has gone beyond these requirements to ensure broad
support for the projKt. We have been working for more than a decade with the Association of American Publishers, t he main American
industry group, to address pu b lish~' concerns about the des.ign of the service. M
any publishers and authors have volunteered to share
their worics with the disability community through Bookshare, going well beyond the copyright exception. We are also working with
leading libraries for peopte with disabilities, including the library of Congress and l earning AJiy (fonnerly RFB&D), to make it easier for
qualified indMdua ls to access our services. With extensive input from COnsumefS, authors. publisher.; and leading organizations, we
have created a model fo r Bookshare that can be support 1M! by a broad array of interests.
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Booksh.:are6 and Benetec:h' are registered trademarks of Beneficent Technology, Inc. This website is@ Copyright2002-201S. Beneficent Technology, Inc.
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Copyright Information
• Chafee Amendment: United States
• Copyright Act; India
Copyright Information
Bookshare is an online library that provides accessible ebooks t o people with print disabil ities. Bookshare meets the requirements of
the Chafee Amendment, which permits an authorized entity like Benetech to make books available to people with print disa bilities
provided that:
• Copies may not be reproduced o r distributed in a format other than a ~.:. lizeel fonnat exclusively fo r use by blind or other
p<>rwns with disabilities.
• Must bear a notice that any further reproduction or distribution in a fonnat other than a specialized fonnat is a n infringement.
• Must include a copyright notice identifying the copyrightownerand the date of the original publication.
• •specialized formats• means Braille. audio. o rdigiu l t.I:'Xt, which i:s ndusive-ly intended for use by blind or other persons with
disabilities..
Benetech's authorized ent ity status has been confirmed by the U.S. Department of Education, when it has made major grant awards for
Bookshare, which may only be made to an authorized entity.
You can rea d the full text of the Chafee Amendment in the next section.ln addition to books made available unde r the Chafee
Amendment, some publishers and authors have provided permission for books and other pu b~cations to be made available in
accessible digital formats to individ uals with qualifying disabilities in the U.S. and many other countries around t he world.
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Digital Millennium Copyright Act ("DMCA")
Benetech respects the intellectual property rights of others
If you believe that any content on the Bookshare website infringes onG or more of your copyright rights, please notify our designated
agent by email, mail, or fax at the following address:
Bookshare, Director of Operc~tions
480 California Avenue, Soite 201
Palo Alto, CA 94301;.1609
Te~
(650) 644-3400
Fax: (650) 475-1066
Email: dmca-agent(at)bookshare.org
Your DMCA notice must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exdusive right that is. allegedly
inhingedi
2.. klentification of the copyrighted woric daimed to have been infringed, or, if multiple copyrighted works at a single onlifle site afe
covered by a single notification, a representative list of such works at that sitei
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient to permit Benetech to locate the materia~
4. lnfonnation reasonably sufficient to permit Benetech to contact the complaining party, such as an address, telephone number,
and, if availableJ an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notificatK>n is accurate, and under penatty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right t11at is allegedly infringed.
Failure to include all of the above information may delay or prevent the
~ng of the
DMCA notice.
Benetech expects a ll users of tl1e Bookshare website to comply with applicable copyright Laws. Benetech will respond to notices of
alleged infringement that comply with the fonnalities of the DMCA, or if it otherwise becomes aware of facts and circumstances from
which infringement is apparent or likely, by remDVing or disabling access to material that is claimed to be infringing. Benetec.h will also
comply with the relevant proviSI'ons of the OMCA in the event that a counter-notification is received by its designated agent.
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and Benetech' are registered trademarl<s of BeneficentTechnology, Inc. This website is
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Digital Rights Management
Seven Point Digital Rights Management Plan
Bookshare makes •ctive efforts to ensure that its collection and its users abide by the law to maximize the benefits realized by the
disability community and m inimize abuse. Bookshare controls the format of the materials that it provides and ensures the ap propriate
copyright notices are in its digital publications. Access is. restricted to disabled individuals and other authorized entities. Digital rights
management helps to ensure that access remains limited to those co11ered by the copyright law ~ption.
1. Qualified Users
Only blind or other persons with disa bilities that affect their ability to access print are permitted to download copyrighted books.
&dl:thaol'"' follcr'>YJ the l)f«C'dul'ltS and "to:J:;u"b r d~ fol access to books tflat were originally developed by learning Ally. A Bookshare user
must register and supply a ~gned certification completed by an appropriate professional in the field of disability services educaOon,
medicine, psyct.alogyora related an!a. The certifier must bE! a recognized expert who can attQSI:to thi! physical basis that limits th-e
app~cant's use of standal"d print Appropriate certifying experts may differ from disabilityto disability. Fot"ex<~mple, in the case of
blindness and visual impairments, an approp riate certifier may be a physician, ophthalmologis~ or optometrist. In the case of a
perceptual disability, a neurologist, learning disability specialist, or a psychotogist with
a background in teaming disabilities may be the
most qualified certifying professional
In additioo, since any U.S. resident who has previously submitted a proof of disability to NLS (NationaiU~ry Service for the Blind and
Physically Handicapped of the Libr.tryof Congress) or learning Ally would qualify under the law, we have cooperative agreemen~
where NlS or l eamingAIIy will certify to us that he or she tlassuch proof on file already,
2. Contractual Agreement
All Bookstla~ usen. haw to agree to tenns of use that forbid violation of the copyright law restrictions on redistribution and use of
copyrighted material th.c:rJoh!Wv\ol:u••~ T
r::lml:li"iiiil tow thnir ~cuu~ Boobh.are .)nd ~W~~ lq;al. consequences as a
Ril41olt or 'hm lc:t!Qtu. o\ 11.11'~ (l ;ftl the publhl-.lqlr:MIIA!Iyh"rj lhtoppc.tunlty tboCIIW'Itrnlfnl Of'\. dM2 .II.If II!~ and Bookstlare
mad~
numerous changes in response to their concerns.
3. Copyright Notice
In order to comply with the copyrigtlt law regulating the provision o f xt*'-UbleboOb (O ptopl. v.i!h C~Pb'lm'~ Boobhare e!'lsures.
that all copyrighted materials bear a noticethatanyfurther~uction or distribution in afurmatother than 1 specialized fonnatis
an in fringement. Such content includes a copyright noti<:e identifying the copyright owner and the date of the origin;al publication.
In addition, other language reminds users or their obligations to U5e this material only •s permitted by their agreements with
Bookshare and the law. It a lso informs people who are not Bookshare U'I.Ci rl ~r lhl-1 ~ oll ~rt- d~sf1..1bo-o!( is a
t
violation cltho<"OI)).,.i.sht llollw 111"1d ~t th.ty$hoo..ld erase such a book without using or copying it. View the text of the Bookshare legal
Agreements.
4. Encryption
Bookshare encrypts a reque-sted book for a given user, and the files are delivered through secure/encrypted channels.
5. Fingerprint
All copyrighted material downloaded is fingerprinted as part of the encryption process so that the identity of the authorized user is
contained within the decrypted material in a difficult-to-find fashion. This way, if a user illegally redistributes material downloaded
from Bookshare, it is possible to confirm both that the materials came from Bookshare and wtlich user was responsible.
6. Security Database
All transactions, encryption codes and fingerprints are stored in a database enabling Bookshare to track any abuse to the source. For
more information on how we use this information, pf('-""" ~ our-8oolohor• ~er
por;ey..
7. Security Watch Program
Asecurity progr.am monitors all mnsactions and automatically limits AJ'ryuiotrwhoit account~• moti' than a fixed number of
titles in a given month (typically 100 titles) , Boolcshare regularly searches the web for illegal copies of content originating from
Bookshare user downloads, and suspends the accounts of users found to have been the source of such content Book:share also issues
take-down notices to the websites hosting such content.
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e Copyright 2002·2015, BenefiCent Tecllnology, Inc.
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Member Information
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Additional Information
How did you ._. ~ Booll:shan?
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An you I Vdlnln of the U.S. AmMcl fORn?
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Applicant's Digital Signature.
listedbelow~somt ol tht:most~~oftM ~n!lncfrvid~niWambempA&reemerrt.. ~aale'ptinsthe........,t.you ilnliil~tDtheaxnpNteTen'ftSand
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rtionsofthi5 apMmeflt.
• The A.c:aDibla Media i3 only ior use by the pe:BOn with a bona fide print disabi[it)'.
• l~tfm:Accessible N;.Ub.Otltl6ltM'Ih.w~-mo,~~
• ~ ... ,.~Kw~ltt..W..IIotn. irldudingterminrionofthdaccount.
0
I acknowledge that I am digilaly s9ling lhe co~ Terms and Conditions of IN!.~
.... 08/01/2015
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My Bookshare
Bookshare Membership Agreement
Bookshare provides accessible electronic books and materials ("Accessible Media") to individuals with legally-qualifying disabilities, This Membership Agreement sets out lhe necessary
terms governing your use of Bookshare,
As a person with a qualifying disability, I hereby agree to lhe following terms:
1. The Accessible Media is only for my individual use as a person with a bona fide print
disability.
I understand that the only reason I'm able to download lhese copyrighted works is for my pcnsonal access to books, newspapers and other materials. Ican adapt the content to my
personal needs, but I cannot distribute It to othf'lr people or organizations, wilh the exception of hardcopy Braille \lerslons of the books.
2. Bona fide disabilities are significant disabilities that affect reading, and meet the legal
definitions.
1represent that I have a slgnrrlcantvlslon, physical or learning disability that prevents me from reading standard print. I meet the requirements of United States Copyright Act, 17 U.S,C.
§121 {or comparable local legislation in other countries) as a person with a print disability and will, before this Agreement becomes effective, provide proof of my disabilily to Bookshare,
either directly or through an organization I work with, such as my school.
3. I acknowledge I can't share the Accessible Media with other people.
Access to Bookshare books is a privilege, and it is bi'Jsed on a social bargain between the publishers and authors and the disability communily.lt's important to not redistribute these
Accessible Media to other individuals, regardless of whether or not they would qualify for Bookshare.l agree to use the Accessible Media I obtain from Booksh11.resolely far my per$onlll
use. I won'tshare my password with i'lnyone, unless it's a caregiver, teacher, parent or guardian who agrees to use It solely to help me downlmad my books.
4. There are consequences for copyright violations, including termination of this account.
I acknowledge that Bookshare inserts digital fingerprints (both ob\lious and hidden) in the Accessible Medi11l download, to track copyriaht \lio\ations.l agree that I won'l remove these
Ongerprints, If a copyright violation occurs, Booksharewl\1 discontinue serving me, I acknowledge that violations of copyright law and the terms of this Agreement may subject me and
other people committing such violi'ltions to ci\lil and criminallii'lbility, and thi'lt Bookshare will cooperate with in\lestigations by copyright owners of such violations. If I violate the terms of
this Agreement, Bookshare may unilaterally and Immediately terminate this Agreement by written or email notice to me. I i'lgree to indemnify and hold harmless Bookshare, its staff,
subcontractors, technology suppliers and volunteers, as well as authors and publishers, for anydi'lmages, legal fees and costs, as a result of myvioli'ltions of this Agreement or copyright
laws of applicable jurisdictions
5. I can voluntarily help Bookshare add Accessible Media.
Most of the Accessible Media in Bookshare Is a\lalli'lble because Members (Including people with disabilities, parents, teacher and schools) sctmned and proofread the dlsltal Illes and
added them to the Bookshare library. Bookshare welcomes any high-quality books 1 scan lh11t are not yet available In the collection. That way, the next Member or teacht!r who needs that
book won't need to scan it.lfl wi'lnt to add books to the Bookshare collection, I acknowledge lhet I will need to agree to the terms of the Bookshare Volunteer Agreement,
6. If someone else isn't paying for my Membership subscription, I will need to pay for it to
have access to the collection.
In the case of students In the United States, the subscription cost of providing Bookshi'lre is currently being paid for by the U~S. Depi'lrtment of Educi'ltion. lf I am not a U.S. student, or If I
don't have somebody else paying for my Membership, I am responsible for payment for my subscription fees by credit Ci'lrd or a check to Bookshare,
7. I will have access to software as part of my Membership.
Bookshi'lre will make i'lssisti\le software available lome for using the Accessible Medli'l,such as talking readers that will display and speok the text aloud to me. I will only u~e the ~oftware
for my own use on personal computers I personally use, and I will abide by the terms of the license that comes with such software.
8. I acknowledge that the books on Books hare include adult content and scanned books with
errors.
Bookshare'svolunteers and staff try to i'lccurately label I'll! of the books in lhe collection, by title, author, adult content status and quality. If I discover an error in such labeling, I can let
Bookshi'lre know and they'll look into it and correct it if they belle\le It was wrong, When my membership is first set up, fi'lir and good qui'llity Accessible Media will not be returned in my
search results. I can opt In lo see these kinds of titles if I wish bychi'lnging my account settings. If I am over 1B, I can opt out of seeing adult content in my search results. Iflam under lB, I
may not view adult content unless my parent or guardian agrees in writing.
9. I acknowledge that there is no warranty by Bookshare, publishers or authors.
Bookshare is a socially-oriented activity, not a for-profit activity. Bookshare'sstaff, volunteers, authors i'lnd publisher partners i'lre all cooperating to help overcome the barriers to access
faced by people with dis11.bllitles, and most do so wilhoutcompensi'ltion. Therefore, Booksharedoesn't warrant that the content is error-free or that the Bookshareservlcew\11 not be
interrupted. My only remedy if I'm unhappy Is to request a refund for the unused portion ofmycurrentannual subscription. If I haven't paid fora subscription,! won'tget any monetory
compensation. I also acknowledge that the vast majority of content on Bookshare is there without the i'lctlve participation of publishers or oulhors, so publishers and ii.Uthors IHe not
responsible for errors or problems with the Accessible Medla.ln addition, publishers and authors have notwi'll\led any ofthelrother legal rights under copyright or other !8WS by permitting
the distribution of Accessible Media owned by them, to people with disabilities.
10. I agree to a few other important details.
• This Agreement will automatically renew every 12 months, unless I request In writing or by e-mail to support@bookshi'lre.org to end my use of Bookshare i'lnd to termlni'lte this
Agreement. I understand, however, that all Accessible Media retained by me after termination of this Agreement is still subject to the restrictions on use imposed by copyright laws under
17 USC §121 as long as 1 retain It If my subscription Is being pi'lid for by i'l third pi'lrty, my subscription may end when the fui'H.II,Jtnd i. Forcrx ~ rnp1o, Wb scllpUMJ fund~ by the
Department of Educi'ltion end on September 30th ei'lch year i'lnd are renewed contingent on continued funding. If I'm paying for my subscription with a credit card, I authorize Bookshare
to charge my credit card for an annual renewal at the then-current rates for my country. BooksharewiU remind me of my renewal in advance of lhis charge to provide mean opportunity to
decline to renew,
• Bookshare is a low-cost service, and I agree to check the Bookshare website first for answers to my routine questions, For problems or questions beyond what's on the website, technicol
and customer support plei'lse contact us
• Bookshare can change the terms of this Agreement on five (5) days written or electronic notice to me, which changes I will have the option to decline, If I elect to terminate my account
because I do not agree with the proposed chi'lnges~
• This Agreement is governed by U~S. copyright law and its treaties with other countries protecting lhe interests of the copyright owners, and by California contract and licensing laws since
that is where the Bookshare service is bi'Jsed. This Agreement cannot be changed by oral agreements or assurances of anyone pilrty to it. If I \liolate its terms l will be subject to suit to
enforce the terms of this Agreement and Copyright Laws in the State of Ci'llifornia.
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