How Mister Rogers Saved the VCR

Focus Features
Focus Features

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 Fred Rogers played in the Supreme Court's decision.

For many years in the pre-DVD/Blu-ray, pre-streaming era, the BetamaxSony’s prototype videotape player-recorder—was a punch line. A piece of technology that was quickly superseded by VHS and the VCR, it limped along in the shadows for two decades. And yet, it was the Betamax that gave its name to a court case that has played a pivotal role in both technological progress and copyright law over the last 30-plus 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 much that would follow over the next 34 years, right through today’s ongoing battles over 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 claiming that "the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone." On the other, you had the testimony from Fred 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's 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—that 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 DVRs) continue to sell their wares without fear of lawsuits because of the once-laughed-at Betamax.

To discover more about the fascinating life of Fred Rogers, check out Won't You Be My Neighbor?, the new documentary from Focus Features, which arrives in theaters on June 8, 2018.

11 Things You May Not Know About John Lennon

Hulton Archive/Getty Images
Hulton Archive/Getty Images

Before he was one of the world's most iconic musicians, John Lennon was a choir boy and a Boy Scout. Let's take a look at a few facts you might not have known about the leader and founding member of The Beatles

1. HE WAS A CHOIR BOY AND A BOY SCOUT.

Yes, John Lennon, the great rock 'n' roll rebel and iconoclast, was once a choir boy and a Boy Scout. Lennon began his singing career as a choir boy at St. Peter's Church in Liverpool, England and was a member of the 3rd Allerton Boy Scout troop.

2. HE HATED HIS OWN VOICE.

Incredibly, one of the greatest singers in the history of rock music hated his own voice. Lennon did not like the sound of his voice and loved to double-track his records. He would often ask the band's producer, George Martin, to cover the sound of his voice: "Can't you smother it with tomato ketchup or something?"

3. HE WAS DISSATISFIED WITH ALL OF THE BEATLES'S RECORDS.

Dining with his former producer, George Martin, one night years after the band had split up, Lennon revealed that he'd like to re-record every Beatles song. Completely amazed, Martin asked him, "Even 'Strawberry Fields'?" "Especially 'Strawberry Fields,'" answered Lennon.

4. HE WAS THE ONLY BEATLE WHO DIDN'T BECOME A FULL-TIME VEGETARIAN.

John Lennon (1940 - 1980) of the Beatles plays the guitar in a hotel room in Paris, 16th January 1964
Harry Benson, Express/Hulton Archive/Getty Images

George Harrison was the first Beatle to go vegetarian; according to most sources, he officially became a vegetarian in 1965. Paul McCartney joined the "veggie" ranks a few years later. Ringo became a vegetarian not so much for spiritual reasons, like Paul and George, but because of health problems. Lennon had toyed with vegetarianism in the 1960s, but he always ended up eating meat, one way or another.

5. HE LOVED TO PLAY MONOPOLY.

During his Beatles days, Lennon was a devout Monopoly player. He had his own Monopoly set and often played in his hotel room or on planes. He liked to stand up when he threw the dice, and he was crazy about the properties Boardwalk and Park Place. He didn't even care if he lost the game, as long as he had Boardwalk and Park Place in his possession.

6. HE WAS THE LAST BEATLE TO LEARN HOW TO DRIVE.

Lennon got his driver's license at the age of 24 (on February 15, 1965). He was regarded as a terrible driver by all who knew him. He finally gave up driving after he totaled his Aston-Martin in 1969 on a trip to Scotland with his wife, Yoko Ono; his son, Julian; and Kyoko, Ono's daughter. Lennon needed 17 stitches after the accident.

When they returned to England, Lennon and Ono mounted the wrecked car on a pillar at their home. From then on, Lennon always used a chauffeur or driver.

7. HE REPORTEDLY USED TO SLEEP IN A COFFIN.

According to Allan Williams, an early manager for The Beatles, Lennon liked to sleep in an old coffin. Williams had an old, abandoned coffin on the premises of his coffee bar, The Jacaranda. As a gag, Lennon would sometimes nap in it.

8. THE LAST TIME HE SAW PAUL MCCARTNEY WAS ON APRIL 24, 1976. 

Paul McCartney (left) and John Lennon (1940-1980) of the Beatles pictured together during production and filming of the British musical comedy film Help! on New Providence Island in the Bahamas on 2nd March 1965
William Lovelace, Daily Express/Hulton Archive/Getty Images

McCartney was visiting Lennon at his New York apartment. They were watching Saturday Night Live together when producer Lorne Michaels, as a gag, offered the Beatles $3000 to come on the show. Lennon and McCartney almost took a cab to the show as a joke, but decided against it, as they were just too tired. (Too bad! It would have been one of the great moments in television history.)

9. HE WAS ORIGINALLY SUPPOSED TO SING LEAD ON THE BEATLES'S FIRST SINGLE, 1962'S "LOVE ME DO."

Lennon sang lead on a great majority of the early Beatles songs, but Paul McCartney took the lead on their very first one. The lead was originally supposed to be Lennon, but because he had to play the harmonica, the lead was given to McCartney instead.

10. "ALL YOU NEED IS LOVE" WAS THE BEST LYRIC HE EVER WROTE.

A friend once asked Lennon what was the best lyric he ever wrote. "That's easy," replied Lennon, "All you need is love."

11. THE LAST PHOTOGRAPHER TO SNAP HIS PICTURE WAS PAUL GORESH.

Ironically (and sadly), Lennon was signing an album for the person who was to assassinate him a few hours later when he was snapped by amateur photographer Paul Goresh on December 8, 1980.

Lennon obligingly signed a copy of his latest album, Double Fantasy, for Mark David Chapman. Later that same day, Lennon returned from the recording studio and was gunned down by Chapman, the same person for whom he had so kindly signed his autograph.

Morbidly, a photographer sneaked into the morgue and snapped a photo of Lennon's body before it was cremated the day after his assassination. Yoko Ono has never revealed the whereabouts of his ashes or what happened to them.

This post originally appeared in 2012.

Stranger Things 3: The Game Offers a Sneak Peek at the New Season

Netflix
Netflix

We still have a pretty long wait until the new season of Stranger Things debuts, but the show’s creators are making sure to release some new content related to the show as the Season 3 hype continues.

The Duffer Brothers announced a new mobile game, Stranger Things 3: The Game, during Thursday's The Game Awards. A short trailer for the game was also released.

The game will follow the events of the yet-to-be premiered third season of the Netflix show. The trailer features some of the series’ favorite characters—including Sheriff Hopper, Steve, and Lucas—battle unknown enemies in messy storage rooms, a food court, and in front of a movie theater.

The food court’s appearance in the trailer makes the Season 3 teaser for the show released over the summer make a bit more sense. The confusing first look features Steve in a large mall serving ice cream, which likely is part of the food court.

Stranger Things 3: The Game, which has not been given an official release date, is the franchise’s second mobile game.

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