Brief for the United States (1914)

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PART IV. I'A I 1 iiicIIkkI to pcrjx't iiatc their nioiiopnly. Ndt oiic oj" j these restrictions is ;i h'i;al I'cison.ihlc condi tioii attached to the use of a patented machine hy tlie owner (d* the jKitent actini; singly and in i^ood faith in (►r(h'r to pr(>tect its hiw ful monopoly, l)ut each condition is (Hie and a j)ai-t of a c(Mnhination of conditions and rest I'ictions (h'\'ised by a comhi nation of all the defendants, all the conditions applying collectiv(dy to and interlocking the use of all the machines. These restrictions and unhiwful restraints dovetail into each other in such a manner that the manufacturer, the rental exchange, and the exhibitor nuist use all or none of the machines covered by the different patents. He can use no others. With the object of concealing their true purposes and the real character of the combination, defendants devised, adopted, and enforced the so-called license agreements, attempting to give to their ac | tions a lawful appearance and to the combination a legal form. In the agreements they embodied unlawful restraints upon commerce, styled by defendants qualifications upon the use of patented machines, but in fact unreasonable, undue, and oppres ^ sive restraints arbitrarily imposed by them u})on { commerce in articles not patented. | As previously pointed out, l)y far the largest and j most impoi-tant part of the commerce relating to the motion-picture art is the commerce in positive films, of which millions of running feet are dis