The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Argue Restraint.

" P'NNstt NJ " ,Si toiabl
was then allowed. 2A5 L. :. 64t
Arrua paotra;pt
al Ne0'A olhI'
The only matter that has been mr..
Eued before us is whether defendant
may lawfully be restrained from ap.
propriating news taken from bulletins
Issued by complainant or any of its
members. or from pub
,lshed by them. for the purpose of SELL
ing it to defendants clients. Complain
ant asserts that defendants admitted
course Of conduct In this regard yio-
lates Complainaut'g propcrtv rIght i'm
the news and constitutes unfair Compe-
tition In business, and, Notwithstanding,
the case has proceeded only 10 the
stage ~ a preliminary Injunction, we
have deemed 1t proper to consider the
UNDERLYING questions. since they 20 TO
the very merits q the action and are
presented upon facts that are not in
dispute As presented in argument.
these questions are. /. whether there
Is any property N news, 2. Whether,
II there he property in news collected
for the purpose being published, II sur
wives tho instant Of its publication i'm
the first newspaper to which II Is COM
muuicated by the news gathercr: and
q" 81 % coGd@d, d] 81 a6nTdpr, Sdm1'tG sdr course course
mcrciai use matter taken from bnl!etins
or carry editions OF Associated Press
hlnlcallohs constitutes unfair compe-
'Itl0h IN tfade' ,
ne tedetai jurisdiction "aH INVOKED
because OF diversity, OF c~itlaenship, not
upon Inc ground that the suit arose
uhuer the, copyright or other laws OF
lne thlieu states Complainant 8 news
matter - moi copyrighted, IL ls SAID
mat II couid not, IN pracllce, be copy"
riEhled, because OF the large number
OF uiNDhIGnNN mat are semi 0AllN. ana.
according 10 complainant contention
news ~ not within the operation or the
copyright act Defendant, while ap-
PtrentlE cohcedlnR ms, ncNertheicss
lnvokes the analoRies OF the law OF ~
eraTy property and copyright, insisting
as 'ls principal c~ontenllon that assun'.
ing complainant mas a flEht OF property
n IT'S news, It can be maintained (un,
less the copyright act be complied WITH
only by being kept secret ana conil-
Dental ana mat upon the publication
with compliments consent OF uncopy-
rlEhted news by n Of complainants
members in a newspaper or upon n
bulletin board, the right Of property Is
lost, and the subsequent use OF the
news by the pubic or by defendant for
any purpose whatever ecomcs lawful.
Cot AS;da Oh;act;op
Nv AoAuS SoJoSSIoh'
"A preliminary objection TO the form
in which Tho guIt Is bTOnRht NAV lie
,itgnoscd Of at The outset il ia said
ibat The circuit court of appeals
rranted reliof unon Consideratinug nm
niISahlc In nartiCular members Of the
NsSsoriated Press. and that this was
cTroneous because the suit was brought
nv romnla{uant ma A corporato entity,
and not bv its members, the argument
heinz thai theIr interests can moi he
protected in this proceeding any more
Nm ma individunI rIyhta of "A atock.
holder can hc cnforced in an action
hrourht bv the corporation From the
ayerments Of the biz, however, it is
nIain that the suit In substance WAS
bronrht Tor tbeS benefit ~ the COW
piSinnnt,s members, and thai thew
Would be proper parties and. eToept for
tbeir nurhers nerhana neressarv mar.
ti"a cnmnIai Inn M ia n proncr narty IN
eonauct he suIt az re~presenting THAR
interest. and since no specific objsc.
ton based upon the want OF parties.
appears 10 have been made below. we
win treat the objection as waived. See
equity rules IS, 10. a.