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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Harry N. Marvin, Direct Examination. 185 on page 3G, one hundred and twenty; which is correct? I am asking you because I want to have it as near the true figure as you can get it? A. I think perhaps, in my figure of 120, I had in mind the number of licensed exchanges, and in mentioning the number 150, I had in mind the total number of exchanges. Q. Then, 150 would be more nearly accurate as giving the number of all the exchanges in the United States in December, 1908? A. I think so, if you include infringing exchanges. Q. At page 47 of your answer mentioning the licenses you gave, you say that you gave them to all individuals and corporations then engaged in the business of distributing motion picture films, upon being satisfied that they were responsible, and were persons who could reasonably be expected to conduct the business on lines thai would not prove detrimental to the growth of the motion picture art. Who was it that determined or passed upon this question of the responsibility of the film exchange? A. The Directors of the Motion Picture Patents Company. Q. And you at that time issued licenses to those of the film exchanges whom you considered were the responsible persons and firms engaged in the film rental business? A. If they applied for this license. Q. Then the one hundred and sixteen licenses which you issued, I think that was the number shown on the exhibit yesterday — those 11G licenses were issued to those whom you considered responsible film rental exchanges? A. Well, they were issued to those whom we considered might be responsible film exchanges. We reserved the right of cancellation, so that if we should find that they were not responsible or desirable exchanges later on we could terminate the licenses. Q. You reserved the power to terminate the license or the contract on fourteen days' notice without cause, did you not? A. We did. Q. And to terminate it instantly for breach of any of the terms of the license? A. Yes. Q. And you considered such acts as the following violations of the license, namely: Distributing films to exhibitors that were not licensed? A. Yes. Q. Or handling films on the part of rental exchanges