[thelist] Flash, usability, accessibility

[aardvark]

> From: Chris Kaminski <chris at setmajer.com>
[...]
> Firstly, I don't know Martin from a bowl of tapioca pudding, and I
[...]

i have met a bowl of tapioca pudding, and martin, sir, is not a bowl
of tapioca pudding...  my brain this morning, on the other hand...

> In any event, simply having a brain and using it does /not/ enable one
> to correctly predict the outcome of a given court case, especially a
> hypothetical one where most of the facts are necessarily unknown.

[i'm not arguing martin's qualifications here, but i am arguing that
you don't need to be a lawyer to predict legal outcomes]

this is correct, however, looking at caselaw from similar cases in
countries with similar laws, coupled with public opinion at the time,
as well as other factors, including how risky you want to be, can
give you a good idea of where things are headed...

ianal, and i thank the stars every day, but i do stay on top of legal
trends in subject areas that impact me, and i've been working with
accessibility issues for more than 10 years now for everything from
web sites to concert venues to playgrounds... one thing *i've*
learned is that you're much better off erring on the side of caution
when it comes to accessibility...

> With programming, you compile the code and run it. If it works, you
> were correct. With Web design, you view it in the browser and have
> users test it. If it works, you were right. With U.S. law, you must go
> to court.

i would disagree here... you don't have to go to court... you can, as
i say above, watch trends, interpret the laws, and ply the risk...

> When predicting the outcome of a case under Section 508 or the ADA,
> the statutes themselves are not terribly meaningful in isolation.
> Their full import can only be understood in the context of court
> decisions (controlling precedent, various orders of persuasive
> precedent), regulatory rulings (an entirely separate body of law), the
> remainder of the U.S. Code and appropriate state and local laws.
[...]

absolutely...  and context extends beyond that to things like public
opinion (did a blind man recently fall down a well that was
unmarked?) to international law from similar-enough countries (did UK
banks get successfully sued by blind users, did SOCOG have to settle
their olympic site fiasco and spend lots of $$?)

so, no, i'm not really challenging your points, but i do believe
there is a lot more room for non-legal professionals to track and
qualify legal issues...

--
Read the evolt.org case study
Usability: The Site Speaks for Itself
http://amazon.com/exec/obidos/ASIN/1904151035/evoltorg
ISBN: 1904151035