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)

Record Details:

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Harry N. Marvin, Direct Examination. 119 Q. Well, 99 per cent, of the commerce is in positive films? A. I think at least 99 per cent. Q. And this positive film does not differ from any ordinary photograph, does it, except in the number of photographs that are printed, and that the subject matter or the material upon which a picture is copied is different from the material upon which an ordinary photograph is copied? A. Well, I should say that the resemblance of this motion picture film to an ordinary photograph was about the same as the resemblance in the result to a beholder of a motion picture as compared with a still picture. Q. Now, by unlicensed film, you mean the film or the positive film of any manufacturer other than these nine? A. I mean film made or imported by anybody without a license from the owners of the patent, in infringement of the patent. Q. Well, these nine were the only ones licensed, weren't they? A. Yes. Q. And these included all manufacturing at that time in this country? A. Yes. Q. Well, then, any that was imported, any positive film that was imported by anybody in this country, would be called unlicensed film under your terminology? A. Imported by anybody? You mean by anybody other than these nine? Q. Other than these? A. Yes. all such persons would be infringers. Q. This Exhibit No. 37 {supra, p. 97) which I show you. dated January 27, 1909, with a blank for the signature of an exchange below, that was a form to be issued by the exchanges to the different theatres who wished service? A. I presume it was intended for that purpose. I do not recall it. Q. Mr. Marvin, you have been talking about and using the term "infringing film." How many years has the Biograph Company been manufacturing film for use on projecting machines, or this motion picture film? A. Since the latter part of 1896. Q. From 1896 to the Fall of 1908. was a period of 12 years, and during that period, you had been selling this motion picture film? A. We had not been selling it all of