This is covering the spread part of the Fandall podcast network We talked about the Thursday games in the 2024 men's college basketball tournament yesterday and today We're gonna break down the Friday games 16 more games on tap for this offering You're gonna break down those is Aiden Cotter a Fandall research will pick his brain on what he sees across the landscape for the Second day of games to get you ready for it should be another delightful day on the court This is covering the spread right here on the Fandall podcast network and Fandall research My name is Jim Sonnis I am a managing editor of digital media for Fandall research Joined here has mentioned my Aiden Cotter check him out on Twitter Aiden Cotter FD Find his work over a Fandall research where he is a writer for us Aiden a delight to have you back on the show today How you doing pretty good Jim? This is like my favorite week of the year So I'm really excited to talk through some of the games and hopefully have as much luck as we did last week Now your Dayton Flyers are a seven seed. Are you hoping to transfer your 7 and 0 record from last week? Are you trying to transfer the good VODs over to Dayton or are you willing to? sacrifice your flyers for the greater good of the podcast you go 7 and 0 again this week man You put me in a tough spot right there. I think I would sacrifice it for for a win I mean that after that 2020 year think we're due for a little good karma, but yeah got a tough matchup I'm really glad that you had Riley on yesterday to talk through the Thursday game So I was like, ah, I can't do this to Aiden, you know We didn't plan it that way But I felt good about the way things broke in that regard at least no it worked out Well, I can avoid that and just pay attention to that as a fan and not as an analyst I did force Riley to talk about Kentucky So I couldn't avoid all of the you know fan allegiances and you know, you're talking about the Northwestern games So tread lightly for today because I can take you out of the screen real fast So just letting you know that that that power does lie in my hands and you have been warned only good things about Northwestern Okay, that makes me scared too. So maybe there was no actually good answer there We're gonna talk to Aiden to get us read on these Friday games here in just one second But as alluded to we did discuss the Thursday games as podcasts going up on Thursday So if you wanted to hear Riley assaults on those Thursday games Check that out right here in the covering the spread podcast So you can also find that show on the Fandal YouTube page and a fandal TV plus also women's bracket gets underway here soon We had Justin Carter on the show on Tuesday he broke down his thoughts on South Carolina what he thinks about Iowa with their setup taking on potentially I'll see you pretty early on so You can find all that right here in the covering the spread podcast He did the fandal YouTube page and fandal TV plus because we had two shows on Monday No show on Fridays. We're covering all the Friday stuff here today With Aiden also, don't forget if you need some last-minute bracket advice We had the full bracket breakdown show on Monday. I forgot to mention that the biggest show of the week We did do that on one on Monday with Dr. Ed Feng and Bennett Corcoran So if you need some last-minute bracket advice check out that in this exact same feed Say goodbye to busted brackets because fandal lets you bet on every game of the tourney whether you're betting on a big upset Or a one-seat. It's time to go dancing on America's number one sports book right now New customers get two hundred dollars in bonus bets if your first five dollar bet wins That's two hundred bucks on point spreads money lines You can even pick who's gonna win it all just as a fandal calm and bet on college hoops until they cut down the nets Must be 21 plus in present in select states Fandal is offering online sports wagering in Kansas under an agreement with Kansas Star Casino LLC first online real money Wager only ten dollar first deposit required bonus issued is novel trouble bonus bets that expire seven days after a seat See terms at sportsbook dot fandal calm gambling problem call 1 800 gambler or was a fandal calm slash RG Colorado, Iowa, Michigan, New Jersey Ohio Pennsylvania Illinois Kentucky, Tennessee, Virginia North Carolina and Vermont call 1 800 next step or text next step to 5 3 3 4 2 in Arizona 1 8 and 8 7 8 9 7777 Over the ccpg.org slash jack in Connecticut 1 800 9 with it in Indiana 1 800 5 2 2 4700 visit chaos gambling health commie, Kansas 1 8 7 7 7 7 0 stop in Louisiana visit MD gambling health at Oregon, Maryland 1 800 gambler net in West Virginia 1 800 5 2 2 4700 in Wyoming hope is here as a gambling helpline MA org or clay hundred 3 2 7 50 50 for support of Massachusetts or call 1 8 7 70 hoping y or text open y in New York Now a we'll break down the Friday games here in a second But because we got you on because we got you on here on Thursday Did want to ask you if there any last second futures you want to lock in before this tournament gets underway Yeah at this point. I don't love betting futures once the tournament opens a lot of the time I think you're better off just betting these teams game by game sure So I really like New Mexico this year coming out of the South region I think they're like a fun sleeper team a little bit of a Cinderella candidate and right now they're plus 250 to make the sweet 16 and plus 1700 to win the region at that point They'd have to beat Clemson who they're minus 126 on the money line and then they'd probably play Baylor who they'd be an underdog Mm-hmm. I think I'd rather just bet those games individually piece by piece especially for those lower seeds When we're talking about either the sweet 16 or the elite eight futures There is a team Crayton that I am interested in yeah, playing a little bit on their national championship future So they're plus 2,500 on Fandall Crayton is the lowest has the lowest odds of those teams where They're top 10 in like team-wide efficiency numbers. They have a top 12 offense at top 25 defense Third and effective field role percentage It's been here if you remember last year against San Diego state They lost in the elite eight on just pretty questionable I would say foul call at the end of the game San Diego state hits a free throw to go on but up into that point Crayton was rolling and They return a good bulk of their team from last year, especially their best three players They have this big guy Ryan Cockburner Who has the size and the skill to battle with some of those elite bigs? Especially in their region where they have Zach Eadie up with it's and Hunter Dickens up the top and They are probably the lowest of the teams where I'm really confident in their ability to get things done on both sides of the Ball so at 2,500 I think is a pretty good price for them Especially given their region with Purdue and Tennessee and Kansas who all have some question marks in March Yeah, that's what I was gonna ask about was the region here because on paper. It does look like a pretty tough region I have concerns about Purdue personally, but those are you know, like my my own like personal things Hey, but like, you know, it is generally teams that are pretty well rated. Do you think that's why Crayton's odds are somewhat long at 25 to 1 for a three-seat although there are a lot of three seats that their odds are longer as well Yeah, I mean Crayton's kind of just hung around in that like top 10 to top 20 Efficiency range all seasons so that I don't think they've ever been considered one of those true contenders and especially where the numbers really do like Purdue and Kansas and Gonzaga at the top who are all Have these strong metrics and these strong resumes and Tennessee at the bottom where the sportsbook probably isn't as high on Crayton as I will be sure But knowing Crayton has that experience. They've been there. This they have a lot of continuity from the last year I think we are getting some good value there at plus 2,500 Okay So the one future right or Aiden is considering right now is Crayton 25 to 1 to potentially win it all for this year Let's talk about some games South region is the busiest region for this Friday as they have six total games in Action in the south for this week now Aiden when you look at those six games in the south Where are you seeing value for this Friday? So right off the bat. I really like this eight nine matchup with Texas A&M and Nebraska Both of these teams are they come from power conferences, right? They've shown the ability to beat some of the best teams in the country Consistently throughout the year. Nebraska has this huge win over Purdue Texas A&M Has been like one of the streakiest hot and cold teams in the country They have a non-conversation over Iowa State. They've been Kentucky twice. They've beaten Tennessee But they also just have some Brutal losses. They don't have a super efficient offense. And so I think getting Nebraska at minus one and a half Is a pretty nice number When you look at Nebraska, they have Who I think will is almost a lock to be in one shining moment is Coside to me Tommy Naga and he is an absolute sniper from beyond the arc He is one of going to be one of the more electric players in the field and His outside shooting I think really can open things up for Nebraska team that loves to shoot from deep And when you look at Texas A&M, they do have a pretty decent defense But the one area where they give up a ton of open looks is from beyond the arc they're like bottom 10 in the country in three-point rate allowed and Then Nebraska on the other hand is like top 35 and three-point rate top 75 and three-point efficiency and Texas A&M, they are a really good offensive rebound team and they have these guards Wade Taylor is one of the better players in the SEC Nebraska, I think it has just had is more well rounded and I do like them at one and a half They're just knowing I can trust their offense and their defense whereas Texas A&M Just a little too hot and cold for me Right now in Nebraska minus one and a half is minus one away to Vanduola Sportsbook Conversely the Nebraska Moneyline Minus one twenty two for that max match of versus Texas A&M now Nebraska being dependent on the three pretty volatile play style Does that give you any consideration to Checking out them if they were to hypothetically face Houston or is that a bit too far of a leap for you? Yeah, I'm not sure I I want to dive into that match up a little bit more Yeah, I will say when you go when you look at odds to make the sweet 16 Yeah, Nebraska's and odds to make the final four out of that region Nebraska's ours odds are Significantly better than Texas A&M even compared to some of the other differences between the eight and nine seeds So I think the market and the book definitely would say Nebraska has a better chance to be Houston the Texas A&M, but yeah, man. That's a tough matchup Okay, understandably so Houston a consideration to it at all So but you know, Nebraska round one lay in that one and a half at minus 108 Against Texas A&M as mentioned six games in the south any other value you saw across the south here, Aiden Yeah, so speaking of Houston, I'm gonna look at this Houston Longwood game and we have a really big spread and I Personally just can't get myself to lay these massive numbers with these one seeds where I do like to look in these games is First half spreads for the 16 seeds Okay, so if you go to the first half we have Longwood plus 15 a half in the first half which is a crazy number and it's It's hard to bet against Houston, especially against these lower teams They are have the top first half scoring differential in the country this year the top first half defense I mean, they're the best defense in the country I think you guys talked about on the Monday show and I completely agree. They are off the charts defensively However Houston two weeks ago lost one of their backup big guys Joe Tugler, which not a huge loss, but that's depth That's another big guy that's out of the rotation and then in the semi-finals of the big 12 tournament Joanne Roberts, who is their main big guy. He is their best big guy went down It doesn't look like it's anything structural from what I had seen. It was just a pretty severe bruise He did not play in the second half of that game He got hurt and then he only played 13 minutes in the championship when they got crushed by Iowa State. I Wouldn't be surprised and we've seen this before where these one and two seats Well, if they have a guy who's kind of up in the air for the first round they will rest them in that first game because if you're Houston You're gonna beat Longwood with or without Joanne Roberts knock on wood When you look at Houston's numbers when they don't have Roberts or Togler on the floor their net rating drops 16 points Their offensive rating drops 12 points and their defensive rating rises four points So we're talking about team that has good guard still I don't think they're at any risk to lose to Longwood But the same time without Roberts especially against a 16 seed who kind of has nothing to lose We've seen these 16 teams kind of make a little bit noise in the last couple years And this isn't just a regular 16 seed. This is Longwood is by far the best 16 seed Based on our numbers they profile closer to a 15 than a 16. They've played some better teams They played my Dayton Flyers earlier in the year. They actually led by three at half at Dayton They beat high point twice who was like the crown jewel of their conference the Big South They would have been like a 14 or 15 seed They're a good rebounding team, which makes me really more confident to back them against such a physical team like Houston And when you look at Houston under Kelvin Samson, so the last couple years in the first round Last year they played a 16 seed. They were up three points at half the year before they were five playing at 12 They were up nine the year before they were two playing a 15 up eight And then in 2019 when they were three playing a 14, they were up nine Last year was really kind of shocking. I was all over Houston to cover that game And I think they ended up covering there But we've seen time and time again where these one-seeds kind of come out a little sluggish and I think if they don't have a Roberts I really do like plus 15 a half on this Longwood team I think we're getting pretty good value there as scary as it is to bet against the one-seed Yeah, it works both ways because it is you're getting Houston will be most motivated because you know They could rest guys in the second half They get a big big lead which is why there is a discrepancy between the first half spread and the second half spread You know, it's not as big as you might think the full game spread based on what this first half is But the at the other time it's also a smaller sample and the smaller sample Gives a lesser skilled team a better better odds of covering better odds of keeping things close So I think that's pretty interesting Longwood plus 15 and a half minus 120 in the first half where Aiden is going there Let's shift focus now and talk about the east for games out in the east for this Friday Which which bets are you targeting there as we do you see you con in action in the east of the first time as well? Well, Jim, we're going right here on the matter. I'm looking at this FAU Northwestern game Northwestern has been I'm from live in Chicago. Yep been to a few Northwestern games Definitely my favorite team in the big 10 my favorite team to watch I Wanted to lay this plus two and a half against FAU so bad and I just couldn't get there. Yeah Where I can't get there is we go to boo-boo ease points. Oh heck. Yeah, let's go, baby Over 20 and a half so boo-boo in Northwestern's all-time leading scorer fifth-year senior is having by far I would say the best year of his career. He's always been like a high volume score But this year his efficiency is just off the charts. He's shooting like 44% from three on Seven rated attempts a game averaging a little under 20 points per game has a sky high 27% usage rate And he's been here before he's played in these games last year in the tournament scored 22 and 18 points And now that he's having kind of even a more efficient season I'm really looking to him to Go out on top, you know as a senior meaning so much to this program Every game could be his last right? I mean FAU is favored by two and a half points In all likelihood FAU might pull this game out But boo-boo. I don't think is going to go out quietly He's coming off this big 29 point performance in the big 10 tournament and although they lost I think he's really well set up here against FAU FAU is like a good offensive team and I think that's going to give Northwestern some problems But they're just they're 100 9th and adjusted defense They've been vulnerable to these high usage guards throughout the season So if you go to synergy sports, they have all these like ISO and pick and roll numbers Where you can really dive into player specific data And boo-boo is 20th nationally in isolation, right? And he out of tournament players He is averaging the most isolation possessions per game Northwestern loves to just give him the ball and let boo cook let him do his thing He's been here fifth year senior And when you go to FAU FAU is 252nd in isolation points per possession allowed You go through some of their game logs and see And they're more high-profile matchups. They played Texas A&M And I talked about Wade Taylor a little bit with Nebraska. Wade Taylor's worth 35 against them They played Arizona Arizona has Caleb Love very similar guard. Caleb Love had 28 against them They played Illinois. It was Terence Shannon Who's one of the best best guards in the big 12 big 10 get 33 against them They just don't have the perimeter defenders to slow down these high usage these quick guards I think boo is just in a really nice spot here 20 and a half for boo-booey and jim, you know this better than anyone. That's not a big number. No I mean, he went full heat check in the big 10 tournament. I know I like you said they lost Uh, but 29 points there He was jacking of threes from like the logo and like with the injuries they've got that's probably their best approach Is like just let him do whatever he wants Um, like ever since ty berry went down like they've kind of just leaned on him and honestly Why would you not given that's probably your best approach? So I'm on board with that I wish I were not in Illinois. So I got actually bet this one with you But boo-booey over 20 and a half points. That's in the northwestern versus f a u game Over as mine is falling away. Go cats, baby. I can't bet it, but I can at least I root for him regardless either way Okay, let's shift focus here and talk about the west. We got four games there the three four five and six Seeds all in action. We take a look at the west aid and anything sent out to you there This clumson new mexico game is probably my favorite game on the board So we got new mexico. They opened up one and a half. They've now been bet up to two and a half I right away took them at one and a half and I put it in all at them four and a half Okay, I love this new mexico team. They were kind they were on the bubble They had some bad losses throughout the year. They won the mountain west tournament found their way into the field And as an 11 seed they are one of the more under seated teams in the tournament They're like top 25 in our numbers They shouldn't be an 11 seed so a lot of the mountain west teams I think kind of got under seated and new mexico is the prime example of that So when you look at new mexico, they love to push the pace They love to get up and down they play at this frantic style They have these three guards jaylen house donovan dent and jamal basper and jr And they're all they're a little shorter. They don't have a lot of size out on the wing But these guys can just score They can just get up and down they cause teams so many issues And they do it while still having an efficient defense New mexico is top 35 in Defensive efficiency and when you look at clemson, they have not really held up against these upper echelon defenses They're three and four against top 40 kempom defenses They did beat alabama who is another fast-paced team, but that was back in november and If you know anything about alabama, their defense stinks This is not a thing This is not a team new mexico where they love to push the pace and get in these high scoring games And they can't guard anyone They do like to push the pace and they do want to play in these more high scoring affairs but they can get down and they can force turnovers and They are a team that doesn't just They're not just offense only right and clemson is another team where playing in a little bit of a weaker acc this year They've struggled against these better guards They don't force a lot of turnovers And they kind of are the opposite in new mexico where they want to play at this slower pace And so I think that is going to what it's going to be the deciding factor here is who can dictate the pace Clemson wants to get down. They want to play in the half core and they want to post up New mexico doesn't want anything to do with that, right? They do have a pretty big good big man jt top in We were in on his points last week and I think he can do enough against clemson's big man pj hall where new mexico If they ended up winning this game by double digits, I would not be surprised I just um, I wasn't very impressed with this clemson team down the stretch They had a good beginning of the season, but new mexico's pace and their Ability to create extra opportunities feel offensive rebounding and the turnovers just really gives them an edge here And I just love this two and a half number And you mentioned they took the alt market at four and a half Right now the new mexico minus four and a half number is plus 132 You could go beyond that as well if you wanted Do you think this number has moved enough where you'd rather stick with the more traditional market or are the alt markets So at least somewhat enticing with where things currently stand. Yeah, I still like getting plus money on this team. Like I said I and maybe this is just me watching a lot of mountain west and ac basketball, but I just don't I wouldn't be surprised if new mexico runs clemson off the floor here Yeah, I think the two and a half is definitely the safe way to go But if you want to get a little bit of that extra juice I would bet this up to four like I said four and a half is where I like that number And I think I got like plus 170 and anything with plus money off that I really really think that's a solid value Well through the magic of audio you are recording this Before you can hear riley's episode because that is going up on wednesday We're talking this pre recording on tuesday But riley liked new mexico too. Uh, he was actually one of the futures You'd mentioned considering them to the sweet 16 plus 250. That's what riley liked as well so I I'm into it synergy across the fandal research team both liking uh new mexico here adan is going with new mexico minus two and a half In this one against clemson considering the alt market minus four and a half, which is at plus 132 Let's finish you up here by talking about the midwest just two games in the midwest on uh this friday headline here By tcu taking on utah state anything you like here in the south Yeah, we'll close out with another player prop. So I If we go to the points props great asa bar for utah state His points prop I believe is at 16 and a half And you're paying a little bit of juice. I think it's like minus 120 But great osa bar is utah states big man. He I don't want to compare him to zack ed because ed is a monster seven foot three just a different player than osa bar Osa bar is only like six eight six nine. He's not as physically dominant But he's a jr. This will be his this is his first year in kind of this full-time role In the first two years he had these crazy per 36 numbers Right, he had a high usage rate whenever he was actually on the floor and he could pop off for these big numbers But he wasn't getting that consistent playing time And wasn't playing these heavy minutes This year totally different story one mountain west player of the year averaging 18 points per game He's got this 26 usage rate He's attempted double digit shots in 23 of his 33 games. utah state loves to run their offense through him, right? He played his first two years at montana state before transferring to usa state this year and he made the tournament both times So this will be his third tournament appearance His first one as his team's primary player Last year scored 11 points against kansas state But like I said a smaller role, but it was encouraging you went five or six against another big 12 team When you look at this big pill team this tcu team Pretty good team, right? Just kind of the definition of a solid college basketball team Pretty decent on offense and defense, but the one area they do really struggle on and defense is the interior, right? They allow 33 points in the paint per game. That's the 22nd highest rate among high major teams Opponents get 42 of their shots at the rim per bark torvik Compared to all the other tournament teams that is the third highest rate among active teams and tcu and utah state both play at a pretty solid pace And so I think that's going to give him a lot of chances and a lot of possessions to get down low and Kind of get his way to the free throw line where he gets a lot of his production and take advantage of a tcu team That has really struggled to guard the interior So that's for great osa bar in the tcu versus utah state game over 16 and a half is minus 128 right now fandals sports But there are some arson alternate markets for osa bar as well over at fandals sports We want to go a bit higher, but um looking at him. He's doing this on Insane efficiency and if he's passed the milsap doctrine where got the expanded role and still was super efficient We talked about this with bubuy where he's northwestern's guide. They're going to lean on him You think it'll be a similar dynamic here with osa bar in this game when everything is on the line Yeah, absolutely and a lot of his bigger games this season Which I like to see came against the better teams in the mountain west right in these closer games They really relied on him and would push him up to 33 34 minutes And in a winter go home scenario I think they're gonna just really really lean on him. He's been their entire offense all year He's been their go-to guy and especially against the tcu team. Like I said that does not defend the interior very well If they want a chance to win they're going to be hammering great osa bar Okay, so over 16 and a half minus 128 for the tcu versus utah state game there any other bets You want to mention across this friday aiden? I think that's all I got today. Love it. I love to hear it It's a pretty good offering here So got osa bar over 16 and a half points minus 128 new mexico minus two and a half considering the all market there Boo booey over 20 and a half points minus 108 longwood first half plus 15 and a half minus 120 nebraska Minus one and a half against texas a&m. We're hoping to duplicate last week where aiden went undefeated in the recommendations here on the show That is aiden codder make sure you check them out on twitter at aiden codder fd find his work at fandor research Aiden it is a pleasure having you on the show here today getting you back on next week Talk about since we had 16 games both you and riley looking forward to that Good luck to you and enjoy the opening weekend of the tournament. Yeah, absolutely. Thanks for having me on jib Alrighty again find aiden on twitter at aiden codder fd I am on twitter at jim sonnis You can find fandor research on twitter at fandor research Do you not forget a lot of good stuff? You are already in the feed Thursday break at break down with riley thomas women's breakdown at justin carter Full bracket breakdown with dr. Ed fang and benna corcorate all right up on the covering the spread podcast feed The fandal youtube page and fandal tv plus want to thank you all for tuning in We'll talk to you once again next week tom veckeo filling in for me on monday austin swam tuesday Tom with you wednesday i'm back with you next thursday to get you set for more college basketball action This has been covering the spread right here on the fandal podcast network


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Prohibition on Circumvention of Technological Measures that Control Access to Works Protected by Copyright. We have a pretty full schedule today. We're going to have four topics for separate sessions to deal with those four topics. Our first topic has to do with proposal for literary works distributed electronically that contain digital rights management and or other access controls to try to prevent the enabling of the book's read-aloud functionality or which interfere with screen readers or other applications or assistive technologies that render the speech and specialized formats and are legally obtained by blind or other persons with print disabilities such persons are defined in Section 1, Section 1, Title 17 of the United States Code or are legally obtained by authorized entities as described in section distributing such work exclusively to such persons. We have two panelists this morning on this proposal, Mark Rickert of the American Foundation for the Blind and Melanie Brunson of the American Council for the Blind. And with that, I will let whichever of you wants to go first. You have about two minutes to speak. You have up to ten minutes to get a case. Thank you so much. The Smart Planner of the American Foundation for the Blind, if I can, I would just like to point out that some of the crucial privilege of folks who are on the dance floor just to introduce themselves and their titles. Take a part. I'm sorry, I still was losing a radio show here. If you all could just introduce yourselves and your titles. Yes, David Carson, General Counsel of the Contrary Office. Chris Reed, Senior Advisor for Policy and Special Projects in the Office of the Register. Excellent. Thank you so much. Well, thanks again for allowing us to present today. We presented before you several years ago on a similar topic and the exemption that we are proposing is somewhat different from the one which the Copyright Office and the Library of Congress has registered in the past. But our backing image is the problems that we flag in the past persist. And there are two areas. I don't really want to capitulate all of the points that we tried to make in order to testimony that we at the American Council for the Blind and the American Foundation for the Blind did it jointly. But this flag a couple of them. There are technological issues that prevent people who are blind, visually impaired, people with brain disabilities as defined by law that inhibit their ability to access the text of e-books that they have lawfully purchased or otherwise obtained. But there are also limitations in terms of those entities that try admittedly best to provide access to people with disabilities. We're living in an era here and now where thankfully more and more publishers are beginning to recognize the need for access to their e-books. And yet we are at very much the infant stages of that effort. People are still struggling with how exactly to ensure accessibility. Sometimes they get it right and many times they don't get it right. So there are really two things that we're concerned about. We're concerned about the persistence of these digital rights management controls which often get in the way of a screen reader or other access technologies. But we're also concerned about this exemption and the need for it because sometimes the accessibility that is attempted to be put in place does not do the right thing, it is inadequate to our needs. So in short what we're hoping to do is to have them covered on us in the library and again recognize an exemption that would do two things. That would allow individuals who are blind, visually impaired or those with print disabilities to circumvent controls when it's necessary to do so in order to actually get access to the text. And to also have the ability for especially organizations so-called authorized entities working on our behalf to get around to circumvent such controls when it's necessary to improve the accessibility that may or may not be built into an e-books functionality. When I talk about improving accessibility, let me just give one illustration and I'm sure Melanie will correct the massive things I do this. But right now it seems as though people want to provide access by simply hitting a button that allows the book to read to you. It dumps speech basically into your lap or into your ear without much control over how that material is presented. And particularly in the education context in fact, you know I'll just put in a shameless plug for the following panel we're going to be talking among other things about the applicability of all of this stuff in the educational world and I want to say that particularly in folks in higher ed it's particularly necessary to really be able to interact in a robust fashion with e-books and simply to dump text out without any real sophisticated way to navigate through the text to be able to search on keywords, etc. maneuver around. Those kinds of features are extremely important so we don't see that kind of robust accessibility and we want to make sure that when individuals and particularly when organizations are authorized enemies are improving accessibility for us that the sometimes rather draconian provisions of the DMCA don't come crashing down to prevent that from happening. That's my summary statement and we look forward to the dialogue and any questions. Thank you. Mr. Riker has described the concerns, the problem that we face pretty thoroughly. I don't have much to add at this point except to expand upon the one aspect of controls that creates, I think it's fair to say, the largest headache for our community. I am a representative of a membership organization that is representative, whose members come from all across the country and in fact we have several members in foreign countries. The American Council of the Blind is the organization that I represent and I think it's fair to say that one of the issues that arouses the most passion within our membership is the issues surrounding the ability to read books. And the one issue that I think causes the most consternation is the measures that for whatever reason disable the ability to access digital books by reading them out loud. That has ramifications for our membership that people do not frankly have nearly as much sympathy for as they do anti-piracy measures that are more directly related to simply preventing unauthorized use. And so there is a huge distinction in the minds of the average reader with a print disability when you talk about that particular issue as opposed to simply measures that are aimed at prohibiting piracy. We are here primarily because the digital book advent has the potential to level the playing field for our community. In terms of access to education, in terms of access to employment, and in terms of our ability to participate in frankly the cultural and the community life of the society that we live in. However, we find ourselves in spite of that potential being frustrated by the measure of the number of measures that once again create obstacles for us simply because nobody at any level of the process well shouldn't say nobody because that's Mr. Reich would indicate it publishers are beginning to look at access but we have still in the vast majority of cases whether it's because the players won't read out loud or because the books have measures built into them that prohibit use of screen readers or read aloud functions on those limited number of players that do provide them. We have once again obstacles to our use of a technology that could very easily make it possible for us to be on a level playing field with people who do not possess the same print reading disability that we do. So what we're seeking is that degree of flexibility within the copyright law that would enable access to those works. And we are extremely interested in seeing that this happens. And I too am happy to answer questions but that is the conclusion of my speech. Thank you very much. Let me start with reading your proposal. One comment struck me, a couple struck me actually but I want to point to it right now. There's a comment where you said we want to be on the record that is the experience of people who are blind and visually impaired that the shutting out of people with print disabilities from full and impaired access is indeed a rapid problem but this is not our burden of proof. What is your burden of proof in this proceeding? I think it's to illustrate that this problem that we have brought before the Calvary Office persists and I think we've done that in our remarks, especially our written testimony, flagging both the limitations of the accessibility that some groups are trying to build in and also the persistence of the digital rights management controls that are still blocking access. I think as we've tried to say in our written statement even one instance where that happens and we know that it happens more than one instance is a reason for requiring an exception to be put in place because it's not about, it's 10% or 50% of the market, it's about whether I, whoever I may be, who have longly attained a particular work can get access to it. And if I can get access to it by getting around digital rights management controls I should be able to do that without incurring the silver income of that. The difficulty that you face is that you don't know whether or not you're going to be able to access the work until you have put your money down and purchased it and then tried to use it. And if you're on a job, it can cost you your job. If you're in school, it can cost you your class and you have no alternative. What does our record tell us with respect to the extent to which electronic books are not available I think in previous proceedings, again, this mark, in previous proceedings we have provided the category at office with examples of controls, of works where controls have either intentionally or inadvertently locked access. And in the last proceeding we were told that we didn't present enough of those. What we've tried to do in this proceeding in proposing a slightly different, we think hopefully clearer exemption is to take a more global view and to say rather than handing over a few isolated instances five cases, 50 cases, 500 cases, then in fact we are taking a more global approach to indicate that yes, we know from the experience, the state of experience of blind, visually impaired men and women across the country that controls still pose a problem and even when accessibility is attempted there still may very well be a need to improve on that accessibility and if that means we need to get around such controls to make that happen, we should be able to do that. Can you explain to us the reasons why the proposed exemption that you have here differs from that which is a granted in the past? Describe the different features of the reasons for it. This mark, I'll take this first and then you know if you want to help us support the time. I think there are two principle ways that is different. We understood the previous exemption granted to indicate that if a version of a work, a slightly different version of a work was available. So let's say you had a Kindle version of a book and a Nook version of the same work that access to one of those works if it's prevented by digital rights management controls if the other product is available then the exemption wouldn't apply. I didn't explain that periodically but I think you get what I'm saying. We understood that that was the purpose and in fact the letter and the spirit of that previous exemption. So we recognize that the DMCA specifically says that exemptions that you will grant are only to be allowed of those instances where another version or an identical version of a work isn't reasonably available and we simply don't believe that if a e-book for example is available on those two platforms that one of them happens to pose access to really troublesome that somehow the user with print disabilities must use the other platform. We simply reject that as a matter of public policy. The other area in which this exemption differs is that we are explicitly allowing authorized entities to do the work and to circumvent controls when the purposes of that exemption are intended so that we can streamline the process of providing access. It's an awful lot to assume that an individual consumer with print disabilities is going to have a technological wearable to pull off circumvention. So we believe that an authorized entity who is doing work on behalf of those with print disabilities should be entitled to avail itself of an exemption along the lines we're talking about. Okay, so there's two differences basically. Let's turn to the first one first. What do you think of the matter of public policy? It makes no sense to limit the scope of the exemption to cases where there is no format that is accessible. That's why I'm worried, but I think that's essentially what you said. I think the language of the DSE is good when it talks about not reasonably available and I think we need to give some meaning to that. The whole point of this exemption is to make sure that the person with print disabilities can get access to the thing that he or she has purchased or otherwise long to obtain. We shouldn't be expecting, we don't believe, people to have to use. They may not want to patronize another vendor for whatever reason. They may not be able to patronize because those formats are not necessarily interchangeable in terms of usability. Let's explore that because you've been appeared for several times and this is I believe the first time we've heard you just public policy argument and I don't recall hearing any difficulties from you in the past about the way the past exemptions have been set up. So what's changed? Has the marketplace changed? Has the way that people use e-books changed or has he just changed your mind on what the good public policy is? I think that the short answer to that is that the language of the last exemption was crafted in an environment where there weren't the same kinds of, we were trying to get the questions we could possibly get. But I'm quite certain because I think you and I had that exchange the last thing on this public policy discussion. If yours truly wasn't as articulate that it needed to be, then hopefully we could make up for lost time now. It most assuredly is not a change of mind. It's a question of trying to make sure we get it right. I want to continue that point on the marketplace. Can you help us understand the platforms that are out there? You mentioned the three major ones in your products, the iBooks or platform, the Kindle platform, and the Nook platform. I understand Kindle, for example, you can actually read Kindle books on devices other than the Kindle itself. What implications do they need to set out for the accessibility of Kindle content? Well, I'll turn to you because being in public policy there means that I don't get to know the innards of technology as much as others in our organization do, but I'll take a stab at it. You know, a lot of folks who are blind or visually impaired, I'll just let them know my comments to that, are accessing Kindle content, obviously not on the Kindle, but using a PC that's specifically adapted for the purpose of trying to create access. That accessibility is not nearly as robust as it needs to be or could be. But what it shows is that a person with print disabilities that is required to be grounded to a PC or otherwise walk around with a laptop or otherwise find some place. In other words, they're not able to use the content on the equal basis with others. I don't know if that's your question, but I think the bottom line is we're in a corner now where we have content that can be displayed on a variety of devices. We fear that even in such an environment these copyright protections may block in our experiences that they continue to block access in a number of instances. Yeah, if I may just follow up on that. What we've part of the issue is the book itself and part of the issue is the extent of an individual's disability. If someone has the ability to read large print they have more options than someone who has no ability to read print off of a device's screen. And if one is limited to the accessibility of the book through a text-to-speech screen reader then one has very limited options even with regard to the Kindle books. You can only use them on some Kindles. The PC app is really, as Mr. Reichard indicated, the most usable. But there again you don't have the access to the navigation features that a sighted user would have using that book on either the Kindle or the PC app because the screen reader functionality is only limited to basic navigation and you don't have the ability to do the searches and flipping to particular pages and things that a sighted user not can't read the loud function has access to. Someone there is also a Kindle application that is usable on iOS devices but that, as I understand it, is not usable by someone who needs to read the book out loud. It is usable by someone who can use it to read large print but it is not usable by someone who needs to read out loud. So there again, there are that form of access to ebooks does have serious limitations and all of the other functionalities have such, you know, they're not universally accessible. So if one were to make an argument that, well, a Kindle book is usable that would be so we don't need to grant access to an iBook then what you're simply saying is so that means someone who can read it using large print would be able to use it but someone who is boring may be stuck. How much of that dynamic is a function of the device versus the book file it is my understanding that it is a combination of the Kindle app and the book itself. And is that true for other major platforms distribution platforms of book content? Yes, I believe so. Because for instance iBooks that are created and sold in the iBook store one can use greater ease than one can, for instance, Kindle books unless it is in the PC. That's actually where I wanted to go next because you've mentioned broadly two types of accessibility, one is navigation and navigability for those who are blind visually impaired and the other is the ability to enable to read aloud a function. In your comments you've mentioned that the iBooks are accessible and I'm just wondering does that mean they have both of those accessibility features enabled? Ms. Park, it's probably an exaggeration to say that every book in the iBook store I would want to make I wouldn't want to swear to that but their accessibility is generally certainly the best of that which is out there. I part of the challenge that we have is that not all people with disabilities are the same and certainly someone who for example, may have significant learning disabilities that fall within the definition of disability may require certain accommodations which you can use that term here to the content that might not otherwise be useful for other folks. So we know for example our colleagues in the autism world are struggling with how can we for someone who has significant attention issues and otherwise needs to have content adapted in a particular way if we render that material that content in a way that's most useful for them and in order to do that we need to get around copyright protections in order to produce essentially work that makes sense for them we need to be able to do that so I think to folks who are blind-visioning here that I've only used personally the iBooks stop to use the technical people term. Myself you know a little bit you know I think their accessibility is generally pretty good but I also wouldn't want to try for example to use and I would form that a significant legal or scientific or other technical work that would require me to do a significant amount of navigation because of that post-controls to some of the things that's there. On the marketplace point we've seen some evidence that the marketplace is evolving rather rapidly in this regard I think just today actually there's an article about McMillan dropping DRM on a number of its science fiction titles and launching an e-book store to sell those directly what impact does that have if any on your need for this extension? This mark will start at the end of the finish part. I think it's an excellent sign it shows I think that people are beginning to open up to the realities of the marketplace. The fact that there's movement does not guarantee that a student over the course of the next three years or an employee or someone frankly doing a governmental position or any context it doesn't matter we hypothesize any of those certain situations any of those scenarios will encounter a book that has technological measures in it which may be the use of screen readers or other access software and when that happens not yet but when and that individual or an authorized entity can make access possible they should be able to do that without incurring the wrath of the DMCA and so I think the fact that we are not asking for a perpetual exception no doubt in three years we'll be back if there are continues to be persistent problems particularly on the accessibility piece of this not just the straight up or down can I get in but how well can I use the content but certainly over the course of the next three years as the marketplace continues to evolve there's going to be a continuing use of this exception. With respect to your proposed exemption language you had mentioned that one of the major differences is the authorized entities piece and I'm just wondering do you want to go? If you have an exemption that simply enabled circumvention for the purpose of making inaccessible content accessible which requires an underlying use. Assuming the underlying copyright use is authorized under section 121 do you need the exemption language to be written that specifically? I'll start with it again Melanie is also a lawyer and I think they'll nail it I think it's like anything else if it's not written in black and white then it may be a question as to whether or not it's permissible. Over the course of the last let's see six, seven years with the advent of the so-called bookshare.org at www.bookshare.org service with a number of language-language particularly students have really found it's one of several, of course but it's really quite a popular service you know I know that the publishing world is really scooped by okay well if Bookshare could do it, where does it stand who's really entitled to produce materials in accessible format it's not the sort of thing where I think people who are in the publishing and rights owners world would be comfortable with unless we make it clear that we're not talking about anybody being able to do this we're talking about individuals who've qualified and there were representatives who were defined we think fairly strictly by law so I think you know smarter lawyers, all of whom I'm sure are on that dais than we most truly at least may find that it's not necessary that it proves to be the case that that's fine but I'm concerned that it should just be up to individuals trying to figure out the technological area if there are folks with sophistication who can help make access possible they should have the ability to do it I think that for you know the sense that we've gotten in our discussions with publishers has been that they would feel better about individual about authorized organizations doing it than individuals anyway because they would rely on the good faith of that authorized organization as as being a representative of someone who is in fact qualified and eligible to do it as opposed to individuals you know we have been proposing the idea that it should be allowable by either because it needs to be possible for someone who purchases a book directly from the marketplace but it also is a fact in our community that for a lot of people the first place that they go for access to materials is an authorized entity and therefore they look to those entities to provide the expertise when there's an obstacle that needs to be overcome in order for them to get access I'm the author of the identity issue one thing that just occurred to me during the course of this discussion was I think the language you've proposed might change the situation significantly in the following respect there may be a flaw in this because it just occurred to me but I'll think out loud with respect to the exemptions that we have had up until now I think it's the case that in order for someone to take advantage of this exemption they would have to obtain a lawfully made copy which means either they bought it or maybe somebody gave it to them assuming the first sale doctor applies in that environment because the question I'm not going to try to resolve today so at the very least the publisher gets whatever the publisher's price is and first in exercising the exemption you would pay for out of that deal for both sides looking at the language you've proposed today I think what it means is that that's not going to happen now the reason I think that's what it means but maybe I'm wrong is that when you look at that second prong what that will allow is it will allow authorized entities that obtain one legitimate copy to make as many copies as they like under section 121 distribute them for free meaning that that's money out of the pockets of the publisher now maybe we don't care maybe we do care I imagine publishers care but I'd just like to think through the ramifications of that and figure out if that's going to happen should we be comfortable with it and if we're not comfortable with it should we try to build something in here that offers some protection for publishers in terms of they're getting their piece of the action here to a smart literature point I think it certainly was not our intent to create a situation where publishers are not getting any more what is the thing done we do feel this is a middle and emotional issue not so much a legal point or even a policy point but we often get really frustrated with publishers who say give me my chunk of change even though I haven't bothered to lift a finger to make sure that you can get access to my material so I think we need to balance those two sort of competing points how to do that in that language there's a way to indicate that an authorized entity isn't just freely distributing multiple copies of the same thing of the same work to a bunch of folks without providing an appropriate royalty you know, purchasing the work certainly makes some sense I want to make sure that what is being paid to the publisher is the fair price of that book in an inaccessible world which is to say if I need access in a way that they can't provide I should not be paying for example for a more expensive audio book format some more expensive large print format what the publisher or rights owner should be compensated for is the price of the mainstream book available to the general public because that's the standard against which we would measure parents I also want to add caveat to this discussion and that is that one of the reasons for proposing a situation that we allow multiple uses is that if I am a person who doesn't have a disability I can go to any public library and buy or borrow that book without any regard for whether or not the publisher is going to get making money off of my borrowing as opposed to buying it and so I think what we also need to do is to be mindful of the the avail the right of people with disabilities to have the same opportunity that that sighted person will have to do that The current marketplace is there anything akin to library borrowing for accessible e-books? Bookshare Bookshare does sort of lend them out Well actually no, Bookshare doesn't lend them out but Bookshare allows you to download them Of course there is the NLS the National Library Services download site which allows you there again though they don't require you to send them back Unlike the traditional borrowing of the cassettes in the railways which you do have to send back when you download them you don't have to return them So again just thinking out loud If you're going to accommodate something like those two practices what you're really doing for better or worse is telling any person who qualifies under section 121 to concede such works is you're telling them well you're not going to have to pay because there are ways for you to get them from authorized entities without paying a dime Is that accurate? Well I guess it is The only other thing I was thinking is I think that library still does have a process whereby after you've had a book for so many weeks it goes away and some of those are now available in accessible format Another issue maybe not an issue, I have no idea but again it's a sort of an issue spotting I think with the authorized entities Is there any history maybe there isn't I don't know but is there any history with respect to copies that are in the hands of authorized entities being sort of appearing on the open market being used in ways that they aren't intended so that they actually cut into the legitimate market decided persons for the works Is that something that you're concerned about if we extend this so that the authorized entities themselves have a good way to exercise this This part I'm aware of no authorized entity under that changing amendment section 121 that has been accused of allowing that to happen or as I was going to say I hear we hear rumors of individual students who love to share things with other people quite frankly if they did they would be outside of not only the old exemption that you've all created before proposing so I don't necessarily think that if that even were dynamic that it's something that can't be reached under the existing long-term exemption in place but I'm aware of no authorized entity certainly none of the major ones is really only a handful in this space I think we've mentioned several in a day there are a couple of others we haven't mentioned but this is not something that we have heard either out one or two authorized entities are conscious of the precariousness of their position and don't want to violate the the good faith standard that they're operating under and so I think they have been very careful I believe that Bookshare we keep talking about but they actually have notices on their website that if they catch you they will suspend you and not allow you to donate anything or to download anything anymore and they claim although I'm not aware of the specific instances that they have actually booted people out of the system and those folks are no longer eligible to come back and download books so I'm not aware of any specific instances but they have been very vocal about their willingness to protect the privilege that they have and I think that all of the that the National Library Service has the same the same statements on their sites and they will go after you if they catch you I did hear from the National Library Service of an instance where a couple of years ago somebody I believe they said from the UK got a book from someone in the U.S. and advertised a copy of it on eBay and they they got tracked down and both ends of that transaction got got taken to task very quickly and that book was not on eBay so I think it's fair to say that everybody in the community of users as well as in the authorized density community is mindful of the right of interest and the nature of the impact on them of what we're proposing and nobody wants nobody wants anyone's interest to be abused and so we're perfectly happy with efforts to be as as diligent in pursuing abuses as possible because I think that we we are only talking we're serious about only wanting authorized users Now section 121 which is the section under which these authorized energies are operating requires that the copy distributed under section 121 be in specialized formats exclusively for use by blind or other persons with disabilities is that limitation that you intend to operate in the context of this exemption yes they would have to they would have to an authorized entity that's participating in the exemption that we're proposing would have to conform with section 121 I think we're done I appreciate it our next panel is schedule to start at 10.30 so we have the video Welcome to DC I'm he's not here I'm he's not here yes hey I'm really Oh hey, how's it going? good to see you getting ready getting ready so where are you I was going to call So, I've been... I'm a go-to person. I'm a go-to person. Oh, okay. Good stuff. It's good to have you here. We have more countries. Oh, it was nice to have you here. Good stuff. What are you going to do? Well, a little bit. For a few weeks. Yeah. Yeah, I know that. Yeah, I know that. I think that's a good thing to do here. I like it for us. Okay. Okay. This is good. Good. Really? Is she a go-to person? No. Okay. Okay. How are they doing here today? Right. How are they doing here today? Again. Yeah? What do you mean? I mean, you gotta go back to them. Thank you. Thank you. Uh... So, you think, uh... P.K., how do they do it? What's the... That's today. That's today. Yeah. Yeah. Yeah. That's great. Yeah. Yeah. There's an intention to that, but... But... Yeah, I don't know. Yeah. Yeah, that was an interesting... Interesting. It was a... That was a... It was a... Interesting. It's no checking email. I've been doing that I can get there I can give you the penny tour of the library All this is going on and reporters are up in the front. So, yeah I I I I I I I I I I I I I I I


One has to be a bit respectful, you know. It's like when people go to a house and they are clearing that house of the spirits. And they have sage and they have all of these things, so you rent an apartment and then you clear out all the spirits. But the fact of the matter is that those spirits have lived there longer than you have. And just because you have a contract doesn't mean anything. Maybe they have a different kind of contract. So one has to be very careful and very respectful when one is dealing with spirits. Maybe request them and actually best is to just leave them to do what they do. You do what you do.


Hello and welcome to the chart of the week video with me at David Madden. Today's date is Wednesday the 19th of December 2018 and the time has just gone 9 10 GMT. This week's chart of the week is the S&P 500 and starting off on a longer-term view. If you draw a trend line between the lows of February 2016 and the lows of November 2016 we get this trend line along here and as we can see back in October and in November this trend line was well respected. We saw a couple of occasions in recent months where the market bounced off of that trend line and it actually was clearly well respected but as you can see here in December we managed to kind of dance around it on a few occasions and now it is firmly well below that trend line so it's possible that the previous trend line support could now act as trend line resistance and while we remain below that trend line we could see further losses on the S&P 500. To take a look at the price action in recent months we can see the market's been in the classic example of a downward trend. We've seen a nice series of lower lows along here the low in October the low in October and the low in November we're in around the same area but the low in December sorry the high December rather the high in October and the high December are on the same level but the high in December failed to take out the previous highs and now we've seen a couple of lower lows as well. Taking a look at the indicator of the MACD histogram we can see as the market is moving lower we can see a steady increase in negative momentum so as the underlying market is being driven lower we can see an increase in momentum so the momentum is clearly with the sellers with the bulls so with the bears at the moment. If you look to continue to push on lower from here we could be looking at targeting the 2,300 area it's a big psychological number and if you go below that we could be looking heading towards this region here previous resistance in around the 2,491 area. Now if you do see any bounce back in the S&P resistance might come into play in around the 2,600 area we saw a bit of consolidation in that area recently also it's a big psychological number and if you go beyond 2,600 this previous trend I support may act as trend line resistance and that will potentially come into play in around the 2,645 region and if you go beyond that we could be looking heading towards the kind of psychological important 2,700 mark. It's only really if you kind of take out the December high and head north of 2,800 well then we actually could then we become more confident that the recent downward trend has come to an end. Now if you are going to be trading the S&P 500 it is worth noting that later on this evening we have the interest rate decision from the Fed Reserve that will be announced at 1,900 GMT the interest rate decision itself and according to Fed watch there is a 69% chance of a 0.25% interest rate hike and at 1,930 GMT half an hour after the interest rate decision we will then have the actual statement and it's likely that the statement is going to be the highlight of the actual update. I suspect we could have a double hike from the Fed Reserve. Their attitude towards hiking interest rates has changed a bit in the last couple of months but not as hawkish as they once were and Fed watch is actually pricing in currently pricing in zero interest rate hikes in 2019 now that's a big change. Consider only a couple of months ago or 10 weeks ago traders were speculating we could see two or possibly three rate hikes in 2019 so if you are trading the S&P please keep an eye on the update from the Fed Reserve finally if you have any comments make on this video or any of the other videos we've made here at CMC Markets please feel free to leave a review on good reviews and that's all for me this week thank you very much