Are Game Publishers Obligated to Make Games Accessible?


I first saw this issue reported on Slashdot , but the source appears to be a Gamespot  article.  The gist of the story is that a visually impaired gamer is suing Sony Online Entertainment, claiming that Sony ignored his repeated requests to update their games to make them more accessible for visually impaired gamers.  Though the name of the game is never mentioned, SOE is the branch of Sony that controls their MMO titles, such as Everquest and Everquest II.  He claims that World of Warcraft allows third party mods to aid people with visual impairments, but Sony offers no such options.  He further claims that his inability to use one of Sony's services that allows players to sell in-game items for real money has caused him direct monetary loss.

Where this case gets interesting, and ultimately fails in my opinion, is that the person bringing the lawsuit is citing the Americans with Disabilities Act.  The summary of the ADA states that: "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."
In my opinion, the ADA was intended to make sure that people with disabilities could access public services and facilities, and prevent discrimination against said people.  I do think that it would be socially responsible and the "right thing to do" if Sony were to acommodate people with visual impairments. However,  I don't believe the ADA was designed to have the government force publishers of purely non-essential entertainment services to accomodate everyone who had a desire to participate.

So, my question to the community is this:  

Do you feel that video game publishers have an obligation to make their games accessible to people with disabilities?

Comments (4)

I'd have to look into if there's any other precedent in terms of online services before I could comfortable say anything in legal terms. I'd idea hope Sony or any other company would, but the nature any such move normally tends to be in business that is if unless SOE thinks there's enough of a visually impaired base to cater to make up the cost of accommodate them, it'll probably take some government intervention to get them to do anything.

That said, I kinda want to call up a local legal expert and get an informed opinion on this now. Especially with SOE being right here.
Gerren Fisher , November 10, 2009
To answer your question directly: No.

However, I don't see why they wouldn't at least try and help out someone with a disability. Interesting, to say the least.
J. Cosmo Cohen , November 10, 2009
I've contacted the Boalt School of Law at UC Berkeley to find out if the ADA applies to electronic entertainment in this manner.
Jason Wilson , November 10, 2009
@Jason - Thanks! I'm curious to hear what they say about the matter.
Jay Henningsen , November 10, 2009

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