- From: Phill Jenkins <pjenkins@us.ibm.com>
- Date: Mon, 23 Aug 2004 10:12:58 -0500
- To: w3c-wai-ig@w3.org
- Cc: <webaim-forum-d@list.webaim.org>
- Message-ID: <OF1CAF8A8A.A436EBE7-ON86256EF9.004F2A12-86256EF9.00539627@us.ibm.com>
I'm not a lawyer either, but I found it interesting that Priceline.com is not headquartered in NY, but was incorporated in Delaware and is headquartered in Connecticut (See note 1 SEC filings). Also, Ramada.com has a "Term of Use" agreement (see note 2) that includes a section 11 on the governing laws and jurisdiction. [Yes, this is only the second time I actually read the terms of use of a web site/application.] It basically says that you agree to be governed by the laws of the State of New Jersey. Thatcher said: "If you look in detail, you will find that the agreement is pretty close to WCAG AA ..." Does the State of New York or New Jersey actually specify WCAG 1.0, or was that just used by AGO? So if I incorporate in a state that uses the 508 web standards, am I held to those guidelines, or if I incorporate in a state that uses the WCAG 1.0 standards, am I held to those standards? Can I pick which state (or country) I choose to operate under? Can I pick which standard (or level a double A, or triple AAA) I choose to follow? There is also a priceline.co.uk, a London based travel services, and they invest in an Asian travel service, also called Priceline.com, that operates in Hong Kong and Singapore. Which accessibility standard is applicable to these two sites? Does the U.K.'s DDA specify a particular standard - such as WCAG 1.0 A (priority 1)? Forgive me for wandering into the policy discussion, but it is the policy (laws, policies, purchasing regulations, etc) that typically points to technical standard, or includes the technical specs as does 508 and ADA [although ADA does NOT reference Web accessibility standards], or leaves it totally open with statements like "must be accessible to people with disabilities". In this New York case, it seems that the policy under which the complaint was filed was the ADA, but I'm confused why the 508 Web standard wasn't chosen or cited as the standard since it is also a Federal policy like the ADA. Regards, Phill Jenkins IBM Research - Accessibility Center www.ibm.com/able Note 1 SEC filings http://www.corporate-ir.net/ireye/ir_site.zhtml?ticker=pcln&script=1901) Note 2 Terms of Use http://www.ramada.com/Ramada/control/terms_of_use 11. GOVERNING LAW AND JURISDICTION We operate this Web Site (excluding Linked Sites) from Our offices within the States of New Jersey and New York. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New Jersey and New York, by accessing this Web Site, You agree that these Terms and Your use of the Web Site shall be governed in all respect by the internal substantive laws of the State of New Jersey, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of New Jersey for all disputes, cases and controversies regarding this Web Site, Your use of this Web Site, and Your relationship with Us. We make no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.
Received on Monday, 23 August 2004 15:13:39 UTC