Tech Matters: Using tech for positive social change

In honor of Gerry Davis, April 2018 My mentor passed away earlier this month. I have had the benefit of numerous mentors over my long career, but Gerry Davis was The Mentor. We worked together for over 35 years, from the very beginnings of my Silicon Valley career. Gerry’s incredible advice guided me along my entire path, and so many crucial turning points went well because of Gerry’s invaluable insight and guidance. Gerry was one of the earliest computer software attorneys, and even wrote one of the first   books on the subject . I could always count on Gerry to come up with a breakthrough idea that made something I dreamed about doing become a reality. He considered himself a “problem-solving lawyer” and warned me against getting involved with “problem-creating lawyers!” I am incredibly indebted to Gerry for so many reasons but want to highlight three in particular. First, Gerry turned me from a geek into a businessperson and entrepreneur. When I cofounded my first ...

If you can buy a book, you can’t borrow it.  That’s the lobbying position of some companies in the intellectual property field when implementing the new Marrakesh Copyright Treaty. Marrakesh is intended to end the book famine for people who can’t read regular books because of their disability. Libraries for people who are blind or dyslexic are the primary source of accessible books in audio, large print or braille. But, some companies want to empty the library shelves and insist that only books that can’t be purchased are allowed to be stocked in such libraries. Imagine what a regular library would look like if it couldn’t stock books that could be purchased by the general public! That would pretty much defeat the purpose of having a library. As the founder of the largest library for people who are blind or who have other significant disabilities that prevent them from reading printed texts (such as dyslexia or brain injuries), I think this is a terrible idea. Since people...

One year ago, on June 28, 2013, at a diplomatic conference in Marrakesh, Morocco, the World Intellectual Property Organization ( WIPO ) agreed on a historic international copyright exception for people with print disabilities. Hailed as “the Miracle in Marrakesh,” the  Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled  paves the way to expanding access to books for people with print disabilities and provides the necessary legal framework for authorized organizations, like Benetech and our  Bookshare  initiative, to deliver those books across international borders. As a long-time advocate for a global copyright exception and the founder of Benetech—which I started twenty-five years ago in order to make technology tools to address the needs of people with print disabilities—I was thrilled to become an active player in global diplomacy and witness the adoption and signing of this ...

Two days ago, on Tuesday, June 10, the Second Circuit Court of Appeals in New York made a major ruling that emphasizes the legality of fair use for book digitization. In Authors Guild v. HathiTrust, a unanimous three-judge panel  concluded that digitizing books in order to enhance research and provide access to individuals with print disabilities is lawful on the grounds of fair use —that is, a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work ( Section 107 of the U.S. copyright law). This is an immense victory for fair use as the basis of a balanced intellectual property system, and we, at Benetech, are delighted by it and by its tremendous positive implications for the public interest. What is this court case and why do we care so much about it? As a non-lawyer, let me explain from the point of view of a technologist who cares passionately about accessibility for people with disabilities. The HathiTrust Digital Libr...

One of the reasons I started the Beneblog more than ten years ago (!) was to keep the Benetech team in the loop. As someone who travels roughly half the time, it’s important to provide some insight into what’s going on, especially since these meetings often influence where Benetech goes with our efforts. So, this is an in-depth report on the two days I just spent at the end of last week in Geneva. To paraphrase Mark Twain, I didn’t have time to write a short blog post, so I wrote a long one. This is totally the “how sausage and law are made” view, so don’t read this unless you want to know more about global accessibility in detail! The context We’ve been supporting the World Blind Union and other groups in the pursuit of a Treaty for the Visually Impaired for the last five or six years. The nexus for this work is the World Intellectual Property Organization (WIPO), the United Nations agency that deals with such matters. The Marrakesh Treaty was signed last year, and now the e...

The next time you set your digital device of choice to record your favorite show so you can watch it whenever you want, take a moment to be thankful that you’re protected from lawsuits from the entertainment industry. For on January 17, 1984, the Supreme Court of the United States ruled that consumers could tape their favorite TV shows and watch them later without the copyright holder’s consent. Such action, the Court decided, didn’t constitute copyright infringement because it was fair use , that is, a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. This ruling by the Supreme Court in Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), also known as the “ Betamax case ”, is a landmark copyright precedent that has had enormous implications for the media economy. It affected every step of the evolution of digital media—from the VCR to the digital video recorder to YouTube. It also underscores just ...

On August 1, 2013, I testified before the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet on the subject “ Innovation in America: The Role of Technology .” In my prepared statement, I explained why well-balanced intellectual property laws inspire technology innovation and social good, and described how our Bookshare initiative models the good that copyright exceptions can create. Here is an excerpt from my written testimony, as originally featured on Benetech's Blog : Delivering my statement before the House Committee on the Judiciary, August 1, 2013 We build our work on strong foundations laid down by other people and companies, whether it’s the open source ecosystem of the Internet, or proprietary software or content. We don’t create solutions from scratch: our innovation is adapting existing raw technology to meet the needs of the users in the social sector. We call this building the last “social mile.” We depend on an intelle...

The View from an Authorized Entity  Many Bookshare users (and potential Bookshare users!) have been asking about the Treaty of Marrakesh (formal name: The Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. What’s in it; what does it mean; how does it affect Bookshare members? In the popular online acronym, IANAL (I am not a lawyer). However, as the founder of the Bookshare online library, we have a great deal at stake in how the Treaty gets implemented. Although it might seem like a complicated document , we’re really excited about it because we think it will greatly improve global access for people with bona fide print disabilities. Here’s our laymen’s take on the major provisions of the Treaty. The Treaty of Marrakesh, Top Issues: What’s the goal of the Treaty? The goal of the Treaty is to end the book famine for people who are blind, visually impaired or otherwise print disabled. Ultimately, t...

I’ve been actively advocating for an international copyright exception model that would greatly benefit people with disabilities, as anyone who has read my blog over the years can attest! My passion at Benetech for the last twenty-five years has been making technology tools to meet the reading needs of people who are blind, dyslexic or have other print disabilities. After all, Benetech’s Bookshare initiative is the largest online library serving people with print disabilities in the world.  We help more than 250,000 people with print disabilities thanks to our U.S. copyright exception. We could serve many more with a comparable international model. Diplomatic leaders gathered in Marrakesh, Morocco Last month, leaders from around the world gathered in Marrakesh, Morocco, with the hope of taking a huge step forward and designing that international model. I’m excited to report: they did just that. The “ Marrakesh Treaty to Facilitate Access to Published Works for Persons Wh...

Benetech, my nonprofit organization operates Bookshare, the largest online library dedicated to serving blind and print disabled people. We have 197,000 books available in the United States today, and serve 250,000 people , mainly in the United States, but also in 40 other countries. Our library is made possible both by a domestic copyright exception that makes it possible for us to add any book requested by a blind person to our library, as well as strong cooperation with publishers who provide many of their books directly to our library for free, including the rights to serve people in certain other countries. Our library is unusual, in that our charter is to serve all people with print disabilities of the world, not just those in our country. Our focus is on carefully vetting each person as having a qualified print disability through working with trustworthy institutions in our own and other countries, and then letting qualified users loose in a library without limits! And, j...

Earlier today, I attended the American Foundation for the Blind’s (AFB) National Leadership Conference in Chicago where I received the 2013 Migel Medal . The Migel Medal, often called the highest honor in the blindness field, is awarded annually to one or two individuals whose careers exemplify exceptional accomplishments in the field. It was named for the first board chair of AFB, M.C. Migel, whose experiences with blindness caused during World War I, led to him helping start the Foundation.  Helen Keller, who worked for AFB for many years, was on the original award board for its first twenty years, starting in 1937. The other recipient this year was Kay Ferrell, Professor of Special Education at the University of Northern Colorado in Greeley, who won the Medal for her tremendous work with and on behalf of children and youth who are blind and visually impaired. I’m honored to join Kay in receiving this prestigious award and deeply grateful to AFB for its recognition. Remarks ...