United States of America v. Motion Picture Patents Company and others (1914)

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69 in it the public have no right to enter save as permitted by their owners," and that, therefore, these patents constitute ample protection and afford ample immunity from prosecution under the Sherman law. So also Judge Moon in his brief, page 68, says : Let us keep constantly in mind that the field that he wTas exploiting was his own field, exclusively. No part of it belonged to the public. In no part of it did competition exist or was competition possible because the owner of this patent created the field. The public had no right in that field whatever and the rental exchange owners and the exhibitors had just such rights as were given them by their license contracts; no more. We take issue on these statements of the facts and also on the stated proposition of law. The patents involved here do not properly cover and lawfully monopolize the industry. The motion-picture industry rests upon all the wonderful discoveries and advances made in the photographic art in the last three score of years. Many inventions made in that period have become the property of the public by reason of the expiration of the patents. If the owners of a few patents in any line of industry may at any time lawfully combine and incorporate restrictions and conditions such as were incorporated in the license agreements in this case, the Sherman Act means