In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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H. N. Marvin, Direct Examination. 1257 ence to projecting machines? I don't mean that yon should state that in terms but in general. A. Well, this label provided that the films should only be used or leased for use on motion picture projecting machines licensed by the licensor. Q. Do you recall what this label provided with reference to the sub-rental prices? A. There was a provision in the label that the sub-rental prices should not be less than the prices that might be fixed and determined by the licensor. Q. Do you recall what this label provided with reference to dupes? A. The label provided that the motion pictures should not be duped, that is to say, photographically copied. Q. Did you define a dupe on your direct examination in January? A. I don't recall whether I did or not. Q. Well, then, will you do it now? A. Well, a dupe, as it is known in the art, is a secondary photographic copy of a motion picture strip. It is obtained, usually, by photographing the motion picture strip, making a negative, and then making a positive copy from that secondary negative. That is what is known as a dupe. Mr. Grosvenor: Is the word "dupe" a short abbreviation of "duplicate," or does it stand for the word meaning deception? The Witness : Well, I am sure I don't know, Mr. Grosvenor, but I am inclined to think that it is probably an abbreviation of duplicate. I think that is probably the way the word grew up. By Mr. Kingsley: Q. But duping, itself, represents an act of piracy, does it not? A. It does. Q. An act akin to literary piracy, where the manuscript of an author is duplicated or stolen? A. Yes. Unless it is done with the consent of the original producers and owners of the motion pictures. Q. But in the ordinary acceptation of the term as used in the art, it represents an act of piracy? A. Yes. It is used to make piratical copies, ordinarily.