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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1290 H. N. Marvin, Direct Examination. ment, either written or verbal, specific or implied, that the Motion Picture Patents Company was unlawfully to formulate license agreements by which the defendants herein were to control, restrain, and monopolize all branches of commerce among the States of the United States and with foreign countries, relating to the motion picture art? A. No. Q. When the various corporations first entered into the license agreements of December 18th, 1909, were they actuated by an unlawful purpose to restrain, control and monopolize the motion picture art? A. They were not. Q. Were any of the corporations with which you were connected at that time actuated by the purpose unlawfully to control, restrain and monopolize the motion picture art and exclude others therefrom? A. No. Q. Was the license agreement with respect to the manufacture of projecting machines entered into with the purpose and intention of unlawfully monopolizing, restraining, and controlling a part or a whole of the motion picture art? A. N!o. Q. Was the General Film Company organized for the purpose of monopolizing and controlling the business of rental agencies throughout the United States? A. No. Q. Do you recall that there has been a statement in this case to the effect that $100,000,000 has been invested in the motion picture art? A. I believe some such statement as that was made in the answer of the defendants. Q. That includes what? A. Well, that estimate would necessarily include the valuation of the property, theatre property, real estate, and so on, devoted to the exhibition of motion picture dramas throughout the country, as well as to the producing plants of the producers of motion pictures. The supply of motion picture drama records, and all of the other appliances, projecting machines, and so forth, used in the exercise of this art. Q. Has the Motion Picture Patents Company any interest in or investment in theatres? A. None whatever. Q. Did the Biograph and Armat companies manufacture or sell projecting machines prior to 1908? A. No. I might qualify that by saying that prior to that time the Biograph Company made for its own use a very limited number, I should say twenty or twenty-five, projecting machines, not