The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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ORIGINAL PETITION, EXHIBIT 3. 67 adopted by the unanimous votes of all the licensees) by which a lessee might acquire positive motion pictures at lower prices than those set forth in Paragraphs 9, 10, 11, and 12, or any substitutes therefor hereafter adopted, and that the Licensee will not dispose of such positive motion pictures as premiums, or by lottery, or raffle, or any game of chance, or in any way whereby they may be acquired directty or indirectly for less than the prices set forth in paragraphs 9, 10, 11, and 12, or substitutes therefor. The Licensee further covenants and agrees that, in the "lease territory aforesaid, ^^ the Licensee will not sell or offer for sale other goods or merchandise at less than current prices in order to induce the lease of positive motion pictures, nor present or donate other goods or merchandise or prizes, or make use of credit cards or trading stamps, or offer any premiums of any kind w^hatsoever to induce the lease of such positive motion pictures. 17. It is further mutually covenanted and agreed by and l)etween the Licensor and Licensee that no lease of positive motion pictures on film of a greater width than approximately one (1) inch shall be made in the "lease territory aforesaid" by the Licensee, except upon and subject to the following terms ^nd conditions, the substance of which (with the exception of the condition as to the return of positive motion pictures hereinafter referred to) shall be expressed in a printed notice on the labels, as provided for in paragraph 7, accompanying each positive motion picture, namely : (1) That the lessee of such positive motion picture shall not sell or otherwise dispose of the same outright, but shall only have the right to use such positive motion picture in giving motion-picture exhibitions in machines licensed by the Licensor under the said letters patent Nos. 5781S5, 580749, 586953, 588916, 673329, 673992, 707934, 722382, 744251, 770937, 771280, 785205, and 785237, or one or more of them, or under any other letters patent that it may hereafter acquire or control, or to sublease such motion picture for use in such machines, and that (2) the lessee shall not make or permit others to make any reproduction commonly known as a "dupe'^ of such positive motion picture or any other