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. 1289 vision with the other limitations of the license, and it was intended by inserting it, to have that plainly and explicitly understood by the licensees who accepted licenses from the Motion Picture Patents Company. Q. Why was the provision incorporated in the rental exchange agreement to the effect that the licensee shall not sell, rent, or otherwise dispose of, either directly or indirectly, any licensed motion pictures, however the same shall have been obtained, to any persons, firms or corporations or agents thereof, who may be engaged, either directly or indirectly in selling or renting motion picture films? A. Any such persons who engaged in selling or renting motion picture films unless they were licensed by the Patents Company, would be infringers of the Patents Company's patents, and if the rental exchange should supply motion pictures knowingly to such people, they would be contributory infringers. They could not supply such motion pictures to the licensed rental exchanges, since licensed rental exchanges could not lease such motion pictures from other rental exchanges, without violating their own licenses, and they would, therefore, be accessories to such violation in leasing motion pictures to the other licensed rental exchanges. Q. Did you, either as an individual or as a representative of any corporation with which you were connected, determine or unite with others who had determined to destroy competition between these defendants, in the motion picture art? A. I did not. Q. Was the Motion Picture Patents Company organized for the purpose of destroying competition or restricting competition in the motion picture art between these defendants? A. It was not. It was designed to promote competition. Q. By whom was the Motion Picture Patents Company organized? A. The Motion Picture Patents Company was organized by representatives of the Biograph Company and of the Edison Company. Q. Was it the purpose of the Motion Picture Patents Company or its organizers, to acquire all of the patents relating to the motion picture art? A. Xo. Q. Was any attempt made to obtain a list or enumeration of all of the patents relating to the motion picture art? A. No. <}. Was there any intention, plan, purpose or agree