Evening star. [volume] (Washington, D.C.) 1854-1972, 1918-12-23
A.P. IS SUSTAINED
BY SUPREME COURT
International News Service
Is Restrained From Pirat-
ing of Rival News.
UNFAIR METHODS HALTED

UNFAIR METHODS HALTED
Injunctions granted the Associated
Press to stop pirating of news by the
International News Service were sus-
of the United States.
Associated Press contentious that
there is property right in news
were upheld by the Supreme Court.
AS between the public and news
gathering organizations, Justice Pit
ney, who delivered the opinion, ex-
pressed doubt whether there could
be any property in uncopyrighted
news. AS between rival news-gath-
ering organizations he said there
was a quasi property interest.
Referring to contentious of the In
ternational News Service, that the
Associated Press was guilty Of the
same practices charged against the
defendants, Justice Pitney said that
there is nothing in the proceedings
that puts the Associated Press in the
position of having "unclean hands"
Justice Holmes Diss:nts in Part.
Justice Holmes, in an associate opin-
ion, said he partially agreed with the
majority, dissenting from the princi,
pie that there is Property In news.
Justice Pitney announced that Justice
Clarke took no part in the proceed
ings.
The court declared the processes
used by the International News Serv-
ice in taking Associated Press news
ference with the normal operation OF
complainant's legitimate business pre-
cisely at the point where the profit
is to be reached.
and court Of equity ought not to
hesitate long in characterizing 1t as
unfair competition in business" Jus
tice Pitney said, referring to the TAX
ing of Associated Press news matter
by the Hearst service.
Injunction Justified.
Justice Holmes. who was Joined in
his opinion by Justice Mckenna, said
the Associated Press was justified to
an Injunction against news piracy,
but for certain number of hours, un-
less credited in the interim to the AS
ISOLATED Press.
Restraining orders preventing the
International News Service from in
ducing persons to communicate to it
Associated Press news in advance of
publication or persuading members of
the Associated Press to violate that
organizations bylaws were upheld.
Rights Unrelinquished.
The International News Service
contention that the Associated Press
relinquishes its property right to
news matter when it is published. the
court held, sis untenable."
The Supreme Court affirmed DEGREES
Of the circuit court of appeals enjoin-
ing the Hearst service from taking,
for the purpose of selling to its own
customers, news appearing on bulletin
boards or in early editions of Associ-
ated Press papers.
Justice Brandeis delivered dis
with the majority and the views of
Justices Holmes and McKenna
Justice Brandeis' Views.
Justice Brandeis said he could find
no misrepresentation by the Interna-
tional News Service in obtaining AS
sociated Press news from public bull
letins and published newspapers, al
though he said that some injustice in
getting unearned matter from a COM
petitor was obvious.
One-half or more Of United States
newspapers, Justice Brandeis said,
are dependent upon other than Asso-
ciated Press news and that the legis-
lative powers should act in the case
to protect the public rights.
1T is a case" he said. ito which
neither the laws Of property nor un-
fair competition exist"
Justice Brandeis said he regarded
the majority opinion as laying down q
dangerous principle which might
people news that only the Associated
Press secures and publishes.
Vote Was S to 8.
The opinion was rendered on a vote
of to 3, Justice Clark of Ohio, a
newspaper publisher himself, taking no
part.
Opinion in Restraining Suit.
The opinion was rendered in pro-
ceedings Instituted to restrain the
international News Service from
"pirating" news gathered at great
labor and expense by the Associated
Press for the use Of its members and
toners. In bringing the proceedings
the International News Service was
charged with acting unfairly in COM
petition with the Associated Press,
which contended there is a property
right in news and that publication is
not a release. The practices of the
Hearst service were termed as
'.piratical and unlawful" All the
contentious made by the Associated
Press we're sustained by the lower
courts. which granted injunctions en-
Joining the International News Serv-
ice from appropriating Associated
Press news. either through members
of the latter organization or from
bulletin boards and early editions Of
Associated Press papers.
Admitted Guilt.
In arguing the case before the Su-
preme Court attorneys for the Hearst
servics admitted that organisation
was guilty of taking the Associated
Press news, but defendAd Themselves
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