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Show "k tr wins CASE AGAINST INTERNATIONAL WASHINGTON. Dec. 23 Injunc-i Hons granted The Associated Press toj . stop pirating of news by the Interna- tlonal News Service were sustained today by the supreme court of the 'United States. Ansoclatc Justice Pitney, delivering . the opinion began with a review- of lha case. ' As between the public and news 1 i gathering organizations. Justice Pltnoy i expressed doubt whether they could be any property in uncopyrighted news. As between rival news gathering gather-ing organization, he said there wa3 a quasi property Interest. Referring to the contentions of Ihe International News Service that The Associated Press was guilty of the same practices ehnrccd against the defendant. de-fendant. Justice Pitney said there is nothing in the proceedings that puts! The Associated Press in the position j ' of having "unclean hands." ) "The transaction speaks for itself j and a court of equity ought not to hes- ( jitate lone in characterizing It as un- j ! fair competition in business," Justice. 1 Pitney said, discussing the taking of Associated Press news matter by the S International News Service. . The court declared the process used ' by the International News Service in I taking Associated Press news amount -ed to "an unauthorized Interference with the normal operation of complainant's com-plainant's legitimate business." Justice Holmes, in an assooiate opinion, opin-ion, said he partially agreed with the majority, but dissented from the principle prin-ciple that there was property in news. Justice Pitney announced that Justice Clarke took no part in the proceedings. proceed-ings. The International News Service contention con-tention that The Associated Press relinquishes re-linquishes its property rights to news matter when It is published, the court hold "Is untenable." Justice Holmes, who was joined in his associate opinion by Justice Mc-Konna, Mc-Konna, said Tho Associated Press was justified in having an injunction against news piracy for a certain number num-ber of hours unless competitors publishing pub-lishing news in the interim credited it lo The Associated Press. Restraining orders privileging the International News Service from inducing in-ducing persons to communicate to it Associate Press news in advance of publication or persuading members of The Associated Press to violate that : organization's by-laws were upheld. The supreme court affirmed decrees of tho circuit court of appeals adjoining adjoin-ing tho defendant from taking for tho purpose of selling to its own customers news appearing on bulletin boards or in early editions of Associated Press papers. Justice Brandeis delivered a dissenting dis-senting opinion, disagreeing both with the majority and the views of Justices Holmes an,d McKenna. Justice Brandeis said he could find .no misrepresentation by the Interna-j Interna-j Uonal Newsservice in obtaining. Asso-' Asso-' dated Ptcss from public bulletins and I published newspapers, although he I said that some injustice in gotting un- ; earned matter from a competitor was obvious. Justice Brandeis said he regarded majority opinion as laying down nj "dangerous" principle which might re- y suit in denial to a great number ofj; people news that only The Associated r Press secures and publishes. ' One-half or more of United Statacsi newspapers. Justice Brandeis said, arei dependent upon other than Associated Pross news and legislative powers I1 should act in the cast to protect the 1 public rights. |
