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How Mister Rogers Saved the VCR

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In 1984, a landmark case laid down a controversial law regarding technology and copyright infringement. Here's a look back at the "Betamax Case," including the role Mister Rogers played in the Supreme Court's decision.

For many years in the pre-DVD, pre-streaming era, the Betamax, Sony’s prototype videotape player-recorder, was a punch line. A piece of technology that was quickly superseded by the VCR VHS, it limped along in the shadows for two decades. And yet, it was the Betamax that gave name to a court case that has played a pivotal role in both technological progress and copyright law over the last thirty years.

Like many other cool electronic products, the Betamax came from Japan. In late 1975, it was introduced to the U.S. by Sony, who touted its ability to “time-shift” television programming. In an era when most viewers still had to get up off the couch to change channels manually, this innovation was as futuristic as it sounded. Record a TV show right off the air? Are you kidding?

If the public was wowed by the idea, the major entertainment corporations were not. Universal Studios and Walt Disney Productions filed a lawsuit in 1976 to halt the sale of the Betamax, claiming that film and TV producers would lose millions of dollars from unauthorized duplication and distribution of their copyrighted content.

When the case finally went to trial in 1979, the U. S. District court ruled in favor of Sony, stating that taping programs for entertainment or time-shifting was fair use, and did not infringe on copyright. Further, there was no proof that the practice did any economic harm to the television or motion picture industry.

But Universal, unhappy with the verdict, appealed in 1981, and the ruling was reversed. Keep in mind that up until the arrival of the Betamax, movie studios had received a cut of the box office or fee whenever one of their films was shown. Now suddenly here was a rapidly expanding scenario that undermined that structure. And in this scenario was the seed of so much that would follow over the next thirty years, right through today’s ongoing battles over P2P file sharing and illegal streaming sites.

Mister Rogers Goes to Washington

With large sums of money and copyright ownership at stake, the Betamax case arrived at the Supreme Court in 1983. By this point, nearly 50 percent of all homes in America had a VCR (VHS replaced Betamax, mainly because its tapes had longer recording capability) and sales of videocassettes were competing with theatrical box office. Universal Studios vs. Sony Corporation of America, nicknamed the “Betamax Case,” was argued for a year. It was a trial of extremes. On one hand, you had Jack Valenti, the head of the Motion Picture Association of America, yelling about the “savagery and ravages” of the VCR, and comparing its effect on his industry to that of the Boston Strangler on a woman home alone. On the other you had the testimony from TV’s genial kids’ show host Mr. Rogers. Defending the VCR, he said:

"I have always felt that with the advent of all of this new technology that allows people to tape the 'Neighborhood' off-the-air ... they then become much more active in the programming of their family’s television life. Very frankly, I am opposed to people being programmed by others. My whole approach in broadcasting has always been ‘You are an important person just the way you are. You can make healthy decisions’ ... I just feel that anything that allows a person to be more active in the control of his or her life, in a healthy way, is important."

The Supreme Court ruled in favor of Sony and cited Rogers' comments: "He testified that he had absolutely no objection to home taping for noncommercial use and expressed the opinion that it is a real service to families to be able to record children's programs and to show them at appropriate times."

The decision set two major precedents. The first upheld the original decision — recording a broadcast program for later viewing, is fair use. The second was, and still is, controversial — that the manufacturer of a device or technology that can be used for copyright infringement but also has “substantial non-infringing uses,” can’t be held liable for copyright violations by those who use it. It’s kind of technology’s version of “don’t shoot the messenger.”

The same points of law would reemerge two decades later in cases against file-sharing sites Napster and Grokster (in the latter, the Supreme Court ruled unanimously against them for trading copyrighted material). Of course, despite the popularity of legal movie and TV streaming sites like Netflix and Hulu, file sharing continues. Whether it can be, or should be, stopped is a subject for another day. But it’s worth remembering that all the manufacturers of technology capable of copyright infringing (from computers to iPhones to the TiVo DVR) continue to sell their wares without fear of lawsuits because of the once-laughed-at Betamax.

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11 Delicious Facts About Good Burger
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Paramount Pictures

It takes just 14 words—“Welcome to Good Burger, home of the Good Burger, can I take your order?”—to make a ‘90s kid swoon with nostalgia. Good Burger, the beloved Nickelodeon comedy about a couple of daft teens who try to save their fast food joint from corporate greed, was born out of a Kenan Thompson/Kel Mitchell sketch on All That in the mid-'90s. A year later, due to its popularity, it found itself being turned into its own live-action movie, with Brian Robbins at the helm. Today—20 years after its original release—it’s a silly cult hit that’s indelibly a part of Generation Y. Revisit the classic with these facts about Good Burger.

1. KEL MITCHELL AUDITIONED FOR ALL THAT WITH HIS CHARACTER FROM GOOD BURGER.

In an interview with The A.V. Club, Kel Mitchell explained how he came up with Ed. “I did a ‘dude’ voice, and that’s where Ed [from Good Burger] was kind of born,” he said. “I did that there at the audition. They were just cracking up.”

2. ED’S FIRST APPEARANCE WAS IN THE JOSH SERVER SKETCH, “DREAM REMOTE.”

Essentially, Good Burger was born out of a random character decision made during one little sketch. “It was where [Josh] could have a remote control that could control his entire life,” Mitchell told The A.V. Club. “So, he could fast-forward through his sister nagging, he could make pizza come really quickly. I was the pizza guy. I came to the door, and the pizza guy didn’t really have a voice, so I was like, ‘Mleh, here’s your pizza! That was the first time we saw Ed, and so they created Good Burger.”

3. ED’S LOOK WAS INSPIRED BY MILLI VANILLI.

When prepping for Ed’s debut on All That, Kel Mitchell spotted what would become the character’s signature look. “I remember I went to the hair room, and I saw these braids. It was like these early Brandy ’90s Milli Vanilli braids. I put those on, and it came to life,” he told The A.V. Club.

4. THOUSANDS OF POUNDS OF MEAT STUNK UP THE SET.

Nickelodeon

For a movie all about burgers, you better believe the production had a ton of them sitting around on set. "At one point, there was over 1750 pounds of meat on the set," Kenan Thompson told The Morning Call. "Some of it was old meat. It was so nasty. Some of the burgers would stay out there for a long time. I felt sorry for the extras who had to eat them with cold, clammy fries. But on screen, those burgers look good."

5. ELMER’S GLUE WAS USED TO KEEP THE FOOD LOOKING FRESH.

In order to keep the food looking good on screen, the production resorted to old, albeit inedible, tricks. "It was so gross, because when I scoop out ice cream in the movie, it was really vegetable shortening with food coloring,” Mitchell told The Morning Call. “When I poured milk on cereal, we used Elmer's Glue so the flakes wouldn't get soggy."

6. KENAN AND KEL CONTRIBUTED TO THE GOOD BURGER SOUNDTRACK.

Good Burger was their baby, so of course Kenan and Kel took the reins on more than just the creation of the characters, according to a 1997 interview with The Morning Call. Specifically, Kel partnered up with Less Than Jake on the hit song, “We’re All Dudes.” Because of this, the soundtrack actually charted at 101 on the Billboard 200.

7. GOOD BURGER WAS LINDA CARDELLINI’S FEATURE FILM DEBUT.

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In an interview with The A.V. Club, the Freaks and Geeks star reminisced about her breakout role in the Nickelodeon movie. “That’s my sister’s favorite role that I’ve ever played! It was so much fun. It was my first film, and it was a fantastic part,” Cardellini said. “I got to play crazy! Nobody knew who I was, and I got the part from the table read.”

8. WRITER DAN SCHNEIDER INTENDED TO GIVE UP ACTING WHEN HE WROTE GOOD BURGER, BUT HE PLAYED MR. BAILY IN THE FILM.

On creating Good Burger, writer/producer/actor Dan Schneider explained to The A.V. Club: “I’ve always wanted to write, and after I was doing All That and Kenan & Kel, I got the opportunity to do another TV show—I was still going on auditions. I realized that if I took that show, I was going to have to give up All That and Kenan & Kel. I really didn’t want to do [that] ... I passed on the acting role, and that was really the turning point, I guess, in 1996, when I was like, ‘You know what? I’m going to put my acting career on the back burner, and I’m going to be a writer-producer.’ Then I wrote the movie Good Burger.” However, if you watch the movie, you’ll notice Schneider starring as Mr. Baily.

9. THE ORIGINAL TRAILER FEATURED A SCENE THAT DIDN’T MAKE THE MOVIE.

For reasons that remain a mystery, a scene where a Good Burger customer orders “a good shake” from Ed (Mitchell), only to receive an actual bodily shaking from the Good Burger employee, didn’t make the final cut. It did, however, feature for a few seconds in the theatrical trailer.

10. KENAN AND KEL REUNITED FOR A GOOD BURGER SKETCH ON THE TONIGHT SHOW.

In 2015, Kenan and Kel reunited for a Good Burger sketch with Jimmy Fallon. This time, however, Fallon played Ed’s co-worker, while Kenan came in as a construction worker as a surprise. "We've been wanting to get back together," Mitchell told E! News. "It was just about the right project ... it felt like home."

11. THE FIRST LINE IN THE FILM IS THE SAME AS THE LAST LINE.

Appropriately, the line is, “Welcome to Good Burger, home of the Good Burger, can I take your order?”—just watch the movie.

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12 Fast Facts About Magnum, P.I.
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CBS

Magnum, P.I. was appointment television in a world before peak TV made that sort of thing commonplace. Starring Tom Selleck and set against a lush Hawaiian backdrop, the series was a triumph thanks to its tense action, humor, and eclectic cast of characters. Selleck’s Thomas Magnum shed the typical action hero mold for something far more relatable, and for eight seasons, the series was among the most popular on the air. To bring you back to a time when all you needed was a Hawaiian shirt and a Detroit Tigers cap to be a star, here are 12 facts about Magnum, P.I.

1. THERE'S A STRONG HAWAII FIVE-0 CONNECTION.

Magnum, P.I. made its premiere on CBS in 1980, the same year the network’s long-running Hawaii Five-0 was taking its final bow. Magnum’s location was picked because the network didn't want to let its Hawaiian production facilities go to waste, so the Tom Selleck-led show filmed many of its indoor scenes on the old Hawaii Five-0 soundstage.

The two shows are even set in the same universe, as Thomas Magnum would make references to Detective Steve McGarrett, who was famously played by Jack Lord on Hawaii Five-0. Though Lord never did accept the offer to make a cameo, the link between the two shows was never broken.

2. PLAYING MAGNUM COST TOM SELLECK THE ROLE OF INDIANA JONES.

Can you imagine Indiana Jones with a mustache? Or Tom Selleck without one? Well one of those almost became a reality as Selleck was the top choice for the swashbuckling archaeologist when production on Raiders of the Lost Ark began. Unfortunately, the actor’s contractual commitment to Magnum, P.I. prevented him from taking the role.

In a cruel twist of fate, a writers strike subsequently delayed filming on the first season of Magnum, theoretically freeing up Selleck for the role—if he hadn’t already dropped out of consideration. Though the part will forever be linked to Harrison Ford, the ever-excitable George Lucas described Selleck’s screentest as “really, really good.”

3. THE THEME SONG MADE THE BILLBOARD CHARTS.

If you think the Magnum, P.I. theme is a miracle of network television, you’re not alone. The song, composed by Mike Post, reached number 25 on the Billboard Hot 100 chart in 1982—a rare feat for a TV theme. Post is also the man behind hit TV songs like The A-Team, The Rockford Files, Quantum Leap, The Greatest American Hero, and plenty of other ‘80s and ‘90s staples. He’s probably best known as the man behind the ubiquitous “dun, dun” sting from Law & Order. (The Who's Pete Townshend actually wrote a song about Post's theme work, title "Mike Post Theme," which was released on the band's 2006 album, Endless Wire.)

The Magnum, P.I. tune you’re bopping your head to right now wasn’t the original opening song, though. For the first handful of episodes, including the pilot, the series had a much less memorable intro song.

4. THE SHOW FEATURED SOME OF ORSON WELLES’S LAST PERFORMANCES.

Orson Welles’s final years were a blur of voiceover work and jug-o’-wine commercials, and one of his last jobs was acting as the voice of Robin Masters—the mysterious author who lends Magnum his guesthouse in exchange for security services. Masters is only heard, never fully seen, in the show, leading to plenty of conspiracy theories over his actual identity (some fans still think he was Higgins all along).

Occasionally Masters would be seen only briefly and from behind. For those rare moments, actor Bruce Atkinson would provide the necessary body parts for filming. Though his voice was only heard rarely during the series’ first five seasons, Welles was scheduled to play the role for as long as the show was on the air, but the actor’s death in 1985 brought a premature end to his tenure.

5. THERE WAS ALMOST A QUANTUM LEAP CROSSOVER.

Donald Bellisario’s TV empire is one of the industry’s most impressive feats, resulting in multiple top-rated shows and critical favorites. But getting two of his most popular series to cross over proved to be more trouble than anyone would have anticipated.

In order to secure a fifth season for Quantum Leap, Bellisario suggested that Scott Bakula’s Dr. Sam Beckett character “leap” into the body of Thomas Magnum in the final moments of season four, leading to the following year’s premiere. But there was a snag with securing Selleck; his publicist even claimed he was never formally approached about the subject, saying, "We’re hoping. It’s on hold. We don’t have an answer.” The idea was soon dropped, and a fifth season of Quantum Leap went on without any help from Magnum.

Magnum, P.I. was off the air at this point, so Selleck was already on different projects. Some test footage of Bakula as Thomas Magnum was shot and shown at a Quantum Leap fan convention, but that’s as far as viewers got.

6. CROSSOVERS WITH MURDER, SHE WROTE AND SIMON & SIMON DID HAPPEN.

VINCE BUCCI/AFP/Getty Images

A crossover between Magnum and Murder, She Wrote? That did happen, oddly enough. The event took place in the Magnum, P.I. episode "Novel Connection" during season seven and Murder, She Wrote’s “Magnum on Ice.” In the story, Magnum is arrested for murder, and the only person who can clear his name is Jessica Fletcher, played as always by Dame Angela Lansbury.

During its third season, Magnum also crossed over with his fellow CBS private investigators on the show Simon & Simon. Both series ran simultaneously on CBS for almost the entirety of the ‘80s, and in this episode the trio banded together to secure a Hawaiian artifact that supposedly had a death curse attached to it.

7. THE SMITHSONIAN PRESERVED MAGNUM’S SIGNATURE HAWAIIAN SHIRT.

If you’re not old enough to appreciate what a phenomenon Magnum, P.I. was, consider this: Selleck’s iconic Hawaiian shirt, Detroit Tigers hat, and insignia ring from the show were all donated to the Smithsonian’s National Museum of American History.

The objects joined other culturally significant TV relics from over the years, including Archie Bunker’s chair from All in the Family, the Lone Ranger’s mask, and a Kermit the Frog puppet. Perhaps just as big of an honor, Selleck found himself in the Mustache Hall of Fame for the memorable lip fuzz he sported throughout the series. His digital plaque reads:

“Throughout his acting career, Selleck’s charismatic grin, unflinching masculinity and robust, stocky lipholstery have made him the stuff of legend.”

8. IT PRODUCED A FAILED BACKDOOR PILOT.

The first season of Magnum, P.I. was about more than just establishing Tom Selleck as a household name; CBS executives also wanted an episode to act as a backdoor pilot for an action series starring Erin Gray. In the episode “J. ‘Digger’ Doyle,” viewers meet Gray as the titular Doyle, a security expert that Magnum calls on to help thwart a potential assassination attempt against Robin Masters.

Though the episode went off without a hitch, the spinoff never materialized. In fact, Gray never reappeared on the series after that.

9. MAGNUM DIES IN THE PREMATURE SERIES FINALE “LIMBO.”

By the time season seven rolled around, it seemed that Magnum, P.I. had run its course—so much so that the network had planned for that to be the show’s sendoff.

In the season’s final episode, “Limbo,” Magnum winds up in critical condition after taking a bullet during a warehouse shootout. The episode gets Dickensian as Magnum, caught between life and death, drops in on all his closest friends (and supporting cast) as a specter no one can see or hear. He makes peace with everyone around him before he apparently walks off into heaven, punctuated by the John Denver song “Looking For Space.”

To the surprise of the cast, crew, and fans, the series was renewed for a shortened eighth season, meaning Magnum had to come back from the beyond and continue his adventures for another 13 episodes.

10. THE REAL SERIES FINALE IS ONE OF THE MOST-WATCHED OF ALL TIME.

When Magnum, P.I. actually ended, it ended with one of the most-watched finales of all time. It currently sits as the fifth most-watched series finale, not far behind the likes of Cheers, M*A*S*H, Friends, and Seinfeld. The grand total of viewers? 50.7 million.

11. SELLECK AND TOM CLANCY FAILED TO GET A MAGNUM MOVIE OFF THE GROUND IN THE ‘90s.

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Rumors of a Magnum, P.I. movie have been rumbling since shortly after the credits rolled on the series' final episode (and likely well before that). It got close in the ‘90s when Selleck teamed with famed novelist Tom Clancy to pitch a Magnum movie to Universal.

Clancy was a big fan of the show and was ready to crack the story with Selleck, but nothing ever came of it. Selleck later recounted:

"We got together, and I went to Universal, and I said ‘It's time we could do a series of feature films.’ They were very interested, and I had Tom, who wanted to do the story, and I had this package put together, but Universal's the only studio that could make it, and they went through three ownership changes in the '90s, and I think that was the real window for Magnum."

12. WE MIGHT SEE A SEQUEL SERIES FOCUSING ON MAGNUM’S DAUGHTER.

The time for a Selleck-led Magnum, P.I. movie may have passed, but there’s still hope for the franchise. In 2016, The Hollywood Reporter broke the news that ABC had a pilot in the works for a Magnum sequel, which would put an end to the constant reports of a full-fledged reboot or movie adaptation of the show.

According to the site, the show would follow Magnum's daughter, Lily, "who returns to Hawaii to take up the mantle of her father's PI firm.” It remains to be seen whether or not the project will ever come to fruition.

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