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. 129' cense to a rental exchange without the consent of a majority of the licensees, although the Motion Picture Patents Company was not obligated to cancel any license, nor wTas it debarred from granting any license that it chose to grant — it was merely provided that the Patents Company must grant licenses on the demand of the licensees, and that the Motion Picture Patents Company would not cancel any license, without the consent of a majority of the licensees. The purpose of that provision was to protect the market of the licensees. By the terms of the license, the licensees might furnish motion pictures for subleasing only to licensed exchanges, but the licensees recognized the fact that the owners of the Patents Company, that is, the Biograph Company, and the Edison Company, were active competitors in the production of motion pictures of the other licensees. They had, up to that time, been the dominant factors in the art. They had been looked up to by the other licensees, as being the leaders in the motion picture art. They were known, each of them, to possess dominant patents in the art. It was apprehended that without some such provision, the Edison Company and the Biograph Company, might conspire together, and limit the number of licenses granted to rental exchanges, who would lease the majority of their supply of films from the Edison and Biograph Companies. Without that provision there would have been an opportunity for the Motion Picture Patents Company to have favored the Biograph Company, and the Edison Company, in that manner, and to have practically eliminated the entire market of the other licensees. Therefore, the licensees insisted that they be protected by that provision of the license agreement, which made it incumbent upon the Patents Company, to grant exchange licenses to any persons, firms, or corporations, designated by a majority of the licensees. In viewr, therefore, of that provision of the license agreement, whenever the Motion Picture Patents Company, through information, or observation, became satisfied that the question of the cancellation of the license of a rental exchange must be considered, the Motion Picture Patents Company presented to the licensees the facts, as they appeared to them in the matter, and asked for expressions of opinion on the part of the licensees, as to whether such license should be cancelled or