The Moving Picture World (April 1908)

THE MOVING PICTURE WORLD 287 Film S©s»vice Situation. THE LINES ARE BEING DRAWN TIGHTER. Slowly, but surely,,the lines are being drawn tighter and tighter in the situation between the Edison and the inde- pendent interests. Developments of the past week show that there has been considerable activity under cover by the gens de.guerre of both camps. So well guarded have, been the movements and so silently have they been been made, the situation brings to- view a vision of the panther remaining unheard and unobserved until the very moment that it springs upon its prey. For more than two weeks after the declara- tion of war was proclaimed between.the two factions affairs proceeded with an evenness and utter lack of friction that the exhibitors had almost concluded a great game of bluff had been played; that the splurges in the newspapers, trade papers and other agencies of publicity were shrewdly laid plans, for the accomplishment of some secret end that would ultimately result in the crushing of the exhibitors and a division of spoils by the manufacturers, regardless of patent claims. Many put forth arguments of this character with such conviction that not a few renters in the Film Service Association were almost- persuaded to the belief that they were pretty well founded. •• -The people advancing the argu- ments dwelled extensively upon the widespread publicity given by the Edison people immediately after the license ar- rangement was made of its intention to institute legal pro- ceedings at once against all who refused to come in under the license, and with equal tenacity arid persistency the ex- hibitors pointed to the apparent inactivity that followed on the part of the Edison side. It is well known throughout the trade that these arguments at least created a well-defined suspicion on the part of many renters. One of the largest in the country was one of the very last to sign the agree- ment to operate under the license,' and it was an even betting proposition for almost two weeks after March 2 that this particular concern would finally decide to join hands with the independents. It was a waiting game. A member of the concern remarked one day, "I'm-from Missouri; I want you to show me." There was no mistaking the sentiment. There was «a desire to see when and how the Edison inter- ests proposed to act and to what extent it could act in car- rying out the plans that had been so elaborately explained and which were responsible for the culmination of the Buffalo convention. The rental concern referred to evidently re- ceived some yery convincing information, for it finally at- tached its'signature to the agreement. There were many skeptics still in the field, in spite of this strong point made by the Edison people. They maintained that the apparent inactivity was a sure sign of weakness, if it was not part of a game of double-cross. To-day, however, the situation is changed. It now appears that there was not as much in- activity on the part of. the Edison side as had been sup- posed. The arrangement of details and preparation of docu- ments for law suits, especially in patent cases, can not be accomplished in a few hours, or in fact in a few days, espe- cially when a number of suits are to be instituted. This was the work the Edison people were engaged upon when they were supposed to be either hesitating or sleeping. They gave no publicity to what they were doing and that misled the skeptics. Now the machinery of the courts is in mo- tion. There can no longer be any doubt that the Edison people will carry out their original plans. . Suits have been instituted against the leading spirit of the independent move- ment in Chicago, and the question as to whether suits would be brought directly against the proprietors of nickelodeons has been answered decisively. The proprietors of eight dif- ferent nickelodeons in the West have been' made defendants in separate infringement suits. In addition to these, two su,t ? " ave been instituted^ in New York,'one against the head of the independent movement and the other against an im- porting firm. From what can be gleaned from the best semi-official sources of information, the New York proceed- • ng l a c forerunners of an aggressive legal campaign J? t °. e East. Chicago was selected, it is said; as-the field foi tu T/- f i St - attack for the-reason: that it is' the headquarters oi trie Kleine interests, which form the head.and brains of the independent movement for the entire West,-and after matun aeuDeration it was decided to-fire 4he first cun there, as L 5P uld ■*»• more effect than-to begin with the America^ olograph Company in New York. This company and the «i»son Company have been'involved in litigation for so many nrPQ 3 *■ new Proceedings, if taken' as the initiative in the tn *■ u s,tuatlon » would not carry 'the same weight; or at' tract the attention,'that suits in a' new field would. There arc good grounds for the prediction that before the next issue of The Moving Picture World goes to press infringe- ment suits will have been filed against a number of nickel- odeon proprietors in New York, New Jersey, Pennsylvania and one or two other States within easy distance of New York. * * * • It is not within the province of any paper to try or pass upon the merits of any controversy such as that now exist- ing between the two great factions in the moving picture industry of this country, nor can any sensible person expect a paper to commit itself as to the probable outcome of such controversies.. Hundreds of renters and exhibitors turn ap- pealingly to this journal as the best authority, aside from the leaders in the fray, for some hint as to just where they stand, but much as we would naturally wish to aid our patrons and subscribers, we cannot respond in such a case anu consistently keep within the bounds of legitimate jour- nalism. It is optional, however, to deal with facts as we find them, treating the various phases with impartiality and all fairness to both sides. This both factions have a perfect right to demand, and any paper having the interests of the industry and trade at heart will accord it all times. Now, for a case in point: lx is noted with regret that some of the individuals concerned have allowed themselves to be- come involved in personal contention through the press. It is both unwise and uncalled for. Looking at the situation squarely and conservatively, no one can justify such a course, and those who adopt it not only endanger their self-respect, but throw themselves open to ridicule as well. There has never been a. controversv of this character in which either side has won the true sympathy or good will of the reader. As a mere matter of curiosity, some renters and exhibitors may wish to know what some of the manufacturers think of others from a personal standpoint, but to come down to the plain, common-sense view of the whole thing they do not care one iota about it. There is but one thing in which they are seriously interested, and which they want definitely set- tled—that is, which faction is right? It is not a question of personalities with them, but purely and simply a business problem and one that the courts alone can settle. Person- alities carry no weijrht in such affairs. It is a question of the legality of claims to patents. History has recorded scores of instances where the vilest criminals have made inventions while confined in prisons. The personality of these criminals have not and could not in any way affect the inventions. In such cases genius and morality are entirely foreign to each other, and they absolutely have no weight as bearing one upon the other in the eyes of the practical world. So it is with the situation before us. The only pos- sible bearing such controversies can have is where it is al- leged that patents have been stolen, but only the courts can determine that, and not the papers. Calm reflection wilt dictate that the contention should be left to the legitimate channel. EDISON COMPANY'S POSITION. Frank L. Dyer, of New York, general counsel for the Edi- son Manufacturing Company, discusses the situation as fol- lows: "Suits have already been brought in Chicago against George Kleine and the Kleine Optical Company for infringe- ments of the Edison film patent. The infringing films against which these suits are directed are imported motion pictures made by Gaumont and others, and American pictures manu- factured by the Biograph Company. These suits will be pressed with the greatest vigor and brought on to hearing at the earliest possible moment. I confidently expect that injunctions will be secured by which further unlawful im- portation of these pictures will be prevented, as well as fur- ther manufacture of infringing films by the Biograph Com- pany. "Of course, should such injunctions be granted, there would necessarily be a very large claim for profits and damages. We also purpose to bring suit against all the film exchanges in Chicago and elsewhere who may now be handling or may in the past have handled these infringing films, both foreign and otherwise; as well as against all exhibitors who may use them. Evidence is now being secured as to these in- fringing exchanges and exhibitors. I intend to promptly commence additional suits against them. I have been amused to note in the public advertisements that both Mr. Kleine and Biograph Company have agreed to protect all exhibitors or film exchanges' handling their films under the 'Biograph 1 patent.' I am perfectly familiar with all the patents which; have been granted to the Biograph Company, but I do nbtV. * ... : .' ■