John Paul Stevens, 99, retired Supreme Court justice who wrote the majority opinion in the landmark 5-4 Sony Betamax decision that established fair-use precedents for consumer video recording devices, died Tuesday in Fort Lauderdale of complications from a stroke he…
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suffered Monday. Stevens authored the finding in 1984 that the Betamax VCR was capable of “commercially significant noninfringing uses,” and that “even the unauthorized home time-shifting” of broadcast TV programs was “legitimate” fair use. In the opinion he wrote, Stevens singled out the lower-court trial testimony of Fred Rogers, creator and star of Mister Rogers’ Neighborhood. Rogers “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,” said the opinion. “RIP Justice Stevens,” tweeted CTA President Gary Shapiro Tuesday evening. “Your majority opinion in the 1984 Sony-Betamax case was the Magna Carta for innovation and spurred investment, exploration and creativity, leading the US to be a global leader in the internet and technology.” Stevens served nearly 35 years on the court before retiring in 2010. Two daughters and nine grandchildren survive.