New Britain herald., 1924-03-13
RADIO LAW SUIT IS
 ID BE HURRIED ON
Early Action on Alleged Monopoly
 Planned

New York, March 13.--The inde-
 pendent broadcast sters, against whom
 the American Telephone and Tele-
 graph company has begun suits, al- legng patent infringcments, will raise
 a claim of Justification, according to Col. Holland S. Duell of the law firm
 of Duell, Warfield & Duell, and coun-
 sel for Station WIN. Mir. Duel said
 this contention may result in the set
 tlement of the controversy over the
 freedom of the air. without delving into the validity of the patents in-
 volved.
 "The two suits brought by the A. T.
 X T. and the De Forest companies in volEe eight patents and appear to
 claim the fundamental use of a vac
 uum tube for radio broadcasting." he
 said. We are informed that inter-
 ests associated with the A. T. & T. sold the defendants the tubes and elements of their apparatus for use in
 the very relationship in which they 1 have been used. If this is so, then a question of Justified use is presented, which should settle the controversy" | Marcus Loew, part owner of the station, said also that he believed the issue was not one of patent infringe ment, but centered on whether the A. T. X T. may own and control to it's own aggrandizement the most impor- tant source of public information of the future." This statement was scp- plemcnted by another from the ex- ecutive association of the Radio As socation. which said it viewed with alarm any proceeding which would place in the hands of one company the power to determine where and when stations should be established or dismantled.'
 The dispute ragged on yesterday, Of- ficials of the A. T. & T. reiterated their denials that they were seeking to control the air, while independents repeated their allegations of "a monopoly" It was disclosed, however, that the sore point with independent broadcasters rests in restrictions which these stations must agree to when they purchase sending sets. It was said these stations are prevented from receiving reimbursement Of any sort for services .are barred from broadcasting publicity and are kept from altering or repairing the mechanism.
 The A. T. & T. officials made public an agreement which is signed by pur- chasers of broadcasting apparatus at the request Of the patent holders. 1 This agreement provides that the pur- chaser shall use the apparatus only in broadcasting matter pertinent to l his business. The purchaser also is restrained from using it for the rendi- | ton of advertising or personal mes sagcs for others.
 Other provisions in the contract arc.
 That such apparatus shall be so maintained as not to interfere with | or otherwise injure OF impair either tho wire or radio service of the Amer | ican Telephone and Telegraph com pany and its associate companies.
 "The purchaser has been advised | by the company that there is no as- surance that there will be wave 1 lengths available for the use of such | by the purchaser, and it is expressly understood and agreed by the purchaser that the company in- 1 CUTS no obligations or liability in this respect.
 "The company is without power to the connection of the ap- paratus furnished hereunder with any public service telephone communi- cation system.''