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  • From: tom poe <tompoe AT renonevada.net>
  • To: "DMCA" <dmca_discuss AT lists.microshaft.org>
  • Cc: "CommStudios" <community_studios AT lists.ibiblio.org>, "Rlug" <rlug AT rlug.org>
  • Subject: [Community_studios] And again, Mr. Rogers, if you please . . .
  • Date: Mon, 1 Apr 2002 19:57:32 -0800

Hi: Came across this at rick klau's weblog: http://www.rklau.com/tins/

"It is hard now to imagine that the VCR ever was opposed by the movie
industry. But in 1976, Universal City Studios filed suit against Sony
Corporation, the manufacturer of the Betamax VCR. The charge was contributory
copyright infringement, based on the allegation that home taping off-the-air
was unlawful. "

"This is the same issue that has arisen every time a new technology comes
out. And somehow, the entertainment industry keeps going back to the well -
just to see how far it can get the courts (or, in this case, Congress) to go.
There was Sony vs. Columbia, which went all the way to the U.S. Supreme Court
before the studios grudgingly admitted that people could, in fact, record
programs that the studios willingly broadcast over TV. Later, we had the DVD
mess - which resulted in the ridiculous "regions" being created for DVD
sales. And now Fritz brings us this."

I then followed the links to this:
http://www.hrrc.org/html/inside_betamax.html
"Sony won at trial, but in 1981, the U.S. Court of Appeals for the Ninth
Circuit reversed the verdict. The Ninth Circuit's decision essentially
outlawed the VCR by deeming home time-shift recording to be copyright
infringement, and Sony Corporation (the maker of the Betamax VCR) to be a
contributory infringer. The Supreme Court heard oral argument in the case in
January 1983, but could not reach a decision by the end of that term -- a
highly unusual event. The Court held the case over into a second term, heard
a second oral argument in October 1983, and then, in January 1984, decided
to reverse the Ninth Circuit by only one vote.

- - -snip - - -

"Second is the testimony of Fred Rogers, president of the corporation that
produces and owns the copyright on Mister Rogers' Neighborhood. The program
is carried by more public television stations than any other program. Its
audience numbers over 3,000,000 families a day. 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. n27 Notes"
---------------------------------------------------
n27 "Some public stations, as well as commercial stations, program the
'Neighborhood' at hours when some children cannot use it. I think that it's a
real service to families to be able to record such programs and show them at
appropriate times. I have always felt that with the advent of all of this new
technology that allows people to tape the 'Neighborhood' off-the-air, and I'm
speaking for the 'Neighborhood' because that's what I produce, that 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.' Maybe I'm going on too
long, but 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." Id., at
2920-2921. See also Defendants' Exh. PI, p. 85.
--
Salta Monte Solutions, Inc. Ph: 775-772-1118
11590 Chesapeake Drive Fax: 775-337-2107
Reno, NV 89506-7927 tompoe AT renonevada.net
http://saltamontesolutions.com EID# 88-0489591
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  • [Community_studios] And again, Mr. Rogers, if you please . . ., tom poe, 04/01/2002

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