The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1918-12-23
|EWS PIRA7ING
Is Gwen DEATH
!. BLOW BY COURT
Hloh Court UphoIdS Asso-
ciated Press.
= sRINGTON. Dec. % Injune-

SHlNGTON, Dee. 81 lniuneS
Il and orders Of the federal courts
ioi lev York resmaining the Inter
}nsiionsl News Service from pifa,inR
land selling rews gathered by tho As.
ssocia,ed Press. were sustained today
hy the supreme court of the United
Estates in q decision upholding every
!c0r,ention Of the Associated Press
X A, between the public and news
1ea.hering organizations. Justice Pit
sney expressed doubt whether there
teould be any property in ureopy-
lrigh,ed news. As between rival news
gathering organizations, he said there
Twas q quasi property interest
Y Associated Press Clean.
Z Referring to contention, Of the In.
tefna,ional News Service that The
Associated Press was guilty OF the
ksame practices charged against the
4 defendants. Justice Pi,ney said that
,,hcre IS nothing in the proceedings
l,ha, puts The Associated Pres, in
sihe position Of having "unclcan
hands"
! The cour, declared the processes
used by the International News Serv-
ice IN taking Associated Press news
amounted to an unauthorized inter
ference with the normal operation Of
complainant's legitimate business"
Property In News.
\ Justice Holmes, in an associate
xopinion. said he partially agreed with
2 she minority bu, dissented from the
;principle that there was, property in
Z news. Justice Pitney announced that
! Justice Clarke took no part in the
II oproceedings.
"The transaction speaks for itself
and a court OF equity ough, not TO
hesitate long IN charaeteriring it rs
unfair competition in business JUS
tice Pitney said, discussing the tax.
7 ing Of Associated Press news matter
by the international News Service.
\ The international News Service
contention that The Associated Press
relinQuishes its property rights TO
news matter when IL is published, the
court held, is "un,cnable."
4 Justice Holmes, who was joined in
his associate opinion by Justice Nc
\ Kcnna. said The Associated Pres,
was justified in having an injunction
agains, news piracy for certain
number oi hours unless competitors
publishing news in the interim cred
tied II to The Associated Press.
q Restraining Order Upheld.
: Restraining orders preventing the
! International News Service from in
! ducing persons to communicate TO /,
I Associated Press news in advance o:
/ publication or persuading members oil
4 The Associated Press to violate that
! organizations bylaws. were upheld
\ The supreme court affirmed DEGREES
sBf the circuit court of appeals en-
y joining the defendant from taking for
! the purpose OF selling to its own Gus
TONERS news appearing on bulletin
! boards or in early editions OF Asso-
, eiated Press papers.
Y Justice Brandeis delivered a dis
sentng opinion, disagreeing both with
the majority and the views OF Justices
Holmes and McKenna.
Y Justice Brandeis said he could find
A no Misrepresentation by the lnterna-
I tional News in obtaining Associated
Z Pre-. news from public bulletins and
published newspapers, although he
I said that some injustice in getting
4 unearned matter from 4 competitor
was obvious.
\ Basis Of Brandeis Disssnsion.
I Justice Brandeis said he regarded
I the majority opinion as laying down
"a dangerous" principle which might
; result in denial to . great number OF
people of news that only The Asso.
I cia,ed Press secures and publishes.
y One-half or more OF United State,
4 newspapers, Justice Brandeis said
are dependent upon other than Asso
I ciated Press news and Legislative
4 powers should act in the case to pro
II teet the public rights.
\ The opinion was rendered on . vot,
Of five TO three, Justice Clark o
1 Ohio, \ newspaper publisher himself
y taking no part Justice Brandei!
\ dissented en,irsly in a verbal opinion
= Justice Holmes and Justice Mckern'
b their associate opinion merely de
il III Al. 4.