[thelist] targeting effectively

[David Kutcher]

----- Original Message -----
From: "John Handelaar" <genghis at members.evolt.org>

> For a detailed explanation of the Sydney proceedings, which
> evidently you've never read, I suggest you have a look at
> this summary...
>
> http://scaleplus.law.gov.au/html/ddadec/0/2000/0/DD000120.htm

And I shall quote:
For the respondent it is submitted that the form and content of the web site
is not a "service" within the meaning of the DDA. It is submitted that the
site is merely a "promotional" website which publishes "promotional"
material. That description is in part valid but the site is much more. It is
intended to provide a source of information concerning a large body of
variable content which can be distributed to and accessed by persons across
the world. The provision of information by the respondent via its web site
is, in the Commission's view, a service relating to the entertainment which
the respondent will provide to the world in the course of the Sydney Olympic
Games. It is in the Commission's view comprehended by section 24 of the DDA.
For the complainant it is said that to provide that service or facility in a
manner which is accessible by a sighted person but inaccessible or only
partly accessible by the complainant, a blind person, is to discriminate
against him on the ground of his disability. It is not in issue that his
being blind since birth is a disability as defined by the DDA. Accordingly,
the respondent's failure to provide an accessible website is allegedly
unlawful in that it constitutes a breach of section 24 of the DDA.

-----------------

If their INTENT is to provide information distributed and accessed by
persons across the world, then by NOT providing access to persons with a
disability, that is unlawful.

If a company's INTENT is merely to sell products or publish promotional
material, then no, there is no discrimination.

It is all a matter of INTENT, not universal accessibility (unless that is
your intent).  So, if you create a site whose goal is to be universally
accessible and you mess up and forget about... I don't know, some random
browser, then you can be found to be discriminating.  But if your intent is
to see products to whomever comes across your site or walks in your store,
then no, you're not discriminating.