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FRED PROUSER/REUTERS/Landov

How Mister Rogers Saved the VCR

FRED PROUSER/REUTERS/Landov
FRED PROUSER/REUTERS/Landov

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 A piece of technology that was quickly superseded by the VCR VHS, it limped along in the shadows for two decades.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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15 Surprising Facts About Hill Street Blues
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NBC

Until the impressive record was surpassed by The West Wing in 2000, Hill Street Blues held the title of most Emmy-awarded freshman series, with eight trophies for its debut season alone (despite its basement-level ratings). The drama that chronicled the lives of the men and women working the Hill Street police station beat has been credited with changing television ever since its debut in 1981.

Among Hill Street Blues's innovations are the use of handheld cameras, a large ensemble cast, multi-episode story arcs, and a mix of high drama and comedy—elements which still permeate the small screen today. Here are 15 facts about the groundbreaking series.

1. STEVEN BOCHCO AND MICHAEL KOZOLL CREATED IT, DESPITE NOT WANTING TO DO ANOTHER COP SHOW.

MTM Enterprises was specifically hired by NBC to create a cop show, so Steven Bochco (who later co-created L.A. Law and NYPD Blue) and Michael Kozoll (co-writer of First Blood) agreed to do it—as long as the network left them “completely alone to do whatever we want,” according to Bochco. NBC agreed, and the two wrote the pilot script in 10 days.

2. IT WAS INFLUENCED BY A 1977 DOCUMENTARY.

The show's creators looked to The Police Tapes, a 1977 documentary that chronicled a South Bronx police precinct during a particularly hostile time in New York City's history, for inspiration. NBC's then-president Fred Silverman was inspired to create a cop show in the first place after seeing Fort Apache, the Bronx (1981), which stars Paul Newman as a veteran cop in a South Bronx police district.

3. BRUCE WEITZ HAD AN AGGRESSIVE AUDITION.

Bruce Weitz landed the role of undercover officer Mick Belker by playing the part. "I went to the audition dressed as how I thought the character should dress—and loud and pushy," Weitz recalled. "When I got into the room, I jumped up on [MTM co-founder] Grant Tinker's desk and went after his nose. I heard he said afterwards, 'There's no way I can't offer him the job.'"

4. JOE SPANO THOUGHT HE WAS MISCAST.

Joe Spano in 'Hill Street Blues'
NBC

Joe Spano auditioned for the role of Officer Andrew Renko, but ended up playing Lieutenant Henry Goldblume. “I was always disappointed that I didn’t end up playing Renko,” Spano told Playboy in 1983. Spano also wasn't a fan of his character's penchant for bow ties, which he claimed was Michael Kozoll's idea. "I fought it all the way," he said. "I thought it was a stereotypical thing to do. But it actually turned out to be right. You don’t play into the bow tie—you fight against it."

5. BARBARA BOSSON WAS BOCHCO’S WIFE, BUT WASN’T PLANNING ON BEING A SERIES REGULAR.

Barbara Bosson played Fay, Captain Frank Furillo’s ex-wife, who was only supposed to appear in the first episode in order to “contextualize” the captain, according to Bochco. But when Silverman watched the episode, he asked, “She’s going to be a regular, right?”

6. IT TOOK MIKE POST TWO HOURS TO WRITE THE ICONIC THEME SONG.

The composer—who also wrote the themes for The Greatest American Hero, Magnum, P.I., The A-Team, NYPD Blue, and Law & Order—was instructed by Bochco to write something “antithetical” to the visuals. Post wanted to add more orchestration to the piano piece; Bochco disagreed.

Post also spent four to five hours writing five minutes of new music for each episode of Hill Street Blues.

7. THE PILOT TESTED POORLY.

According to a network memo, among the many problems test audiences noted were that "the main characters were perceived as being not capable and having flawed personalities ... Audiences found the ending unsatisfying. There are too many loose ends ... 'Hill Street' did not come off as a real police station ... There was too much chaos in the station house, again reflecting that the police were incapable of maintaining control even on their home ground." NBC picked it up anyway.

8. RENKO WAS SUPPOSED TO DIE IN THE FIRST EPISODE, AND COFFEY WAS SUPPOSED TO DIE AT THE END OF THE FIRST SEASON.

Charles Haid had other projects lined up, so he agreed to take the part of Renko, a man destined to die almost immediately. But another series Haid was relying on didn’t get picked up, and NBC claimed Renko tested too well for him to meet an early end. Ed Marinaro's Coffey was meant to be shot and killed in “Jungle Madness,” the final episode of the first season. The ending was changed to make it a cliffhanger, and Marinaro’s character survived.

9. THEY HAD HISTORICALLY BAD SEASON ONE RATINGS.

A 'Hill Street Blues' cast photo
NBC Television/Getty Images

In its first season, Hill Street Blues show finished 87th out of 96 shows, making it the lowest-rated drama in television history to get a second season. Bochco credited the show’s renewal to two things: NBC being a last place network at the time, and the NBC sales department noticing that high-end advertisers were buying commercial time during the show.

10. THEY NEVER SPECIFIED WHERE THE SHOW WAS LOCATED, BUT IT’S PROBABLY CHICAGO.

The exterior of the Maxwell Street police station in Chicago filled in for the fictitious Hill Street precinct for the opening credits and background footage. It was added to the National Register of Historical Places in 1996 and is currently the University of Illinois at Chicago police department headquarters.

11. PLENTY OF FUTURE STARS MADE EARLY APPEARANCES.

Don Cheadle, James Cromwell, Laurence Fishburne, Tim Robbins, Andy Garcia, Cuba Gooding Jr., Danny Glover, Frances McDormand, and Michael Richards all found early work on the series.

12. SAMMY DAVIS JR. WANTED ON THE SHOW.

Sammy Davis Jr.
Michael Fresco, Evening Standard, Getty Images

Unfortunately, it never happened. Sometime after Bochco wrote in a reference to the singer, Davis Jr.and Bochco ran into each other. Davis Jr. said he loved it and started jumping up and down.

13. BOCHCO HAD A WAR WITH THE CENSORS.

Loving to use puns for titles, Bochco wanted to title an episode “Moon Over Uranus,” after Cape Canaveral was just in the news. Standards and Practices said no. Bochco eventually got his way, and proceeded to name the next two season three episodes “Moon Over Uranus: The Sequel” and “Moon Over Uranus: The Final Legacy.”

14. DAVID MILCH AND DICK WOLF’S CAREERS WERE LAUNCHED FROM IT.

David Milch (co-creator of NYPD Blue and creator of Deadwood) went from Yale writing teacher to a TV script writer through his former Yale roommate, Jeff Lewis. His first script for the show was season three's “Trial by Fury” episode, which won an Emmy, a WGA Award, and a Humanitas Prize. He later became an executive producer on the show. The first TV script credited to Dick Wolf (creator of the Law & Order franchise) was the season six episode, "Somewhere Over the Rambow." His first sole credit, for “What Are Friends For?,” earned Wolf an Emmy nomination in 1986.

It’s also worth noting that journalist and author Bob Woodward received a writing credit for season seven's “Der Roachenkavalier” and David Mamet penned the same season's “A Wasted Weekend” for his first television credit.

15. DENNIS FRANZ’S CHARACTER HAD A BRIEF, COMEDIC SPIN-OFF.

Dennis Franz (later Andy Sipowicz on NYPD Blue) first played corrupt cop Sal Benedetto in five episodes, before reappearing for the final two seasons as Lt. Norman Buntz. After Hill Street Blues ended its seven-season run, Franz reprised the latter character in Beverly Hills Buntz, which ran for one season beginning in 1987. In the 30-minute dramedy, Buntz was a private investigator after quitting the police force. Only nine episodes were broadcast by NBC.

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Watch 18 Minutes of Julia Louis-Dreyfus Seinfeld Bloopers
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Sometimes you just need to settle in and watch professional actors cracking up, over and over. That's what we have for you today.

In the two videos below, we get a total of 18 minutes of Seinfeld bloopers, specifically focused on Julia Louis-Dreyfus. When Louis-Dreyfus cracks up, Seinfeld can't help but make it worse, goading her. It's delightful.

Sample quote (during an extended break):

Seinfeld: "We won an Emmy, you know."

Louis-Dreyfus: "Yeah, but I didn't."

Her individual Seinfeld Emmy arrived in 1996; the show started winning in 1992. But in September 2017, Louis-Dreyfus—who turns 57 years old today—set a couple of Emmy records when she won her sixth award for playing Selina Meyer on Veep.

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