Question about Alternative Means

Hi,

We are working on remediating some older sites and have run across some 
videos and flash elements that are not accessible.

A tester has pointed out that the video has some controls in it for a 
sighted user that are unlabeled, so a visually disabled user would not be 
able to use them.

We have proposed creating a transcript of the video, but the tester has 
objected, saying that a transcript is inadequate for the following 
reasons:

1)  A user with low vision or with difficulty with fine motor skills would 
not be able to use the buttons to control the video -- and ought to be 
able to do so.

2)  A transcript is inadequate because a deaf user might not be able to 
synchronize what is being said with who, in the video, is saying it -- 
captions should be added.

Our problem is that we did not create the video and do not have copyright 
of the video.  It would legally questionable for us to modify them.

What I am having some difficulty with is this:

Why is a transcript not adequate?  I am not an attorney, but when I read 
the actual law, it seems pretty clear.  In the case of undue burden on 
development or remediation, an alternative means to the content is 
sufficient.

So ... in my layman's translation of this ... if we provide an elevator or 
ramp (the transcript), why do we have to do anything further with the 
stairs (the video)?

Opinions?  Discussion?

Cheers,
Sam Choi
(626) 381-6107 - office
8-331-6107 - tieline
(626) 660-6409 - cell

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