The Black Flag - 10

The Black Flag - 10

 It is not to be denied, however, that substantial advantages have accrued to them more or

less directly through the numerous favorable decisions obtained by them as a result of the

enormous amount of litigation, in the prosecution of which so great a sum of money has

been spent and so concentrated an amount of effort and time lavished. Indeed, it would be

strange and unaccountable were the results otherwise. While the benefits derived were

not directly pecuniary in their nature, they were such as tended to strengthen

commercially the position of the rightful owners of the patents. Many irresponsible and

purely piratical concerns were closed altogether; others were compelled to take out

royalty licenses; consolidations of large interests were brought about; the public was

gradually educated to a more correct view of the true merits of conflicting claims, and,

generally speaking, the business has been greatly unified and brought within well-defined

and controllable lines.

Not only in relation to his electric light and power inventions has the progress of Edison

and his associates been attended by legal controversy all through the years of their

exploitation, but also in respect to other inventions, notably those relating to the

phonograph and to motion pictures.

The increasing endeavors of infringers to divert into their own pockets some of the

proceeds arising from the marketing of the devices covered by Edison's inventions on

these latter lines, necessitated the institution by him, some years ago, of a legal

department which, as in the case of the light inventions, was designed to consolidate all

law and expert work and place it under the management of a general counsel. The

department is of considerable extent, including a number of resident and other associate

counsel, and a general office staff, all of whom are constantly engaged from day to day in

patent litigation and other legal work necessary to protect the Edison interests. Through

their labors the old story is reiterated in the contesting of approximate but conflicting

claims, the never- ending effort to suppress infringement, and the destruction as far as

possible of the commercial pirates who set sail upon the seas of all successful enterprises.

The details, circumstances, and technical questions are, of course, different from those

relating to other classes of inventions, and although there has been no cause celebre

concerning the phonograph and motion-picture patents, the contention is as sharp and

strenuous as it was in the cases relating to electric lighting and heavy current technics.

Mr. Edison's storage battery and the poured cement house have not yet reached the stage

of great commercial enterprises, and therefore have not yet risen to the dignity of patent

litigation. If, however, the experience of past years is any criterion, there will probably

come a time in the future when, despite present widely expressed incredulity and

contemptuous sniffs of unbelief in the practicability of his ideas in these directions,

ultimate success will give rise to a series of hotly contested legal conflicts such as have

signalized the practical outcome of his past efforts in other lines.

When it is considered what Edison has done, what the sum and substance of his

contributions to human comfort and happiness have been, the results, as measured by

legal success, have been pitiable. With the exception of the favorable decision on the

incandescent lamp filament patent, coming so late, however, that but little practical good

was accomplished, the reader may search the law-books in vain for a single decision

squarely and fairly sustaining a single patent of first order. There never was a monopoly

in incandescent electric lighting, and even from the earliest days competitors and

infringers were in the field reaping the benefits, and though defeated in the end, paying

not a cent of tribute. The market was practically as free and open as if no patent existed.

There never was a monopoly in the phonograph; practically all of the vital inventions

were deliberately appropriated by others, and the inventor was laughed at for his pains.

Even so beautiful a process as that for the duplication of phonograph records was

solemnly held by a Federal judge as lacking invention --as being obvious to any one. The

mere fact that Edison spent years of his life in developing that process counted for

nothing.

The invention of the three-wire system, which, when it was first announced as saving

over 60 per cent. of copper in the circuits, was regarded as an utter impossibility--this

patent was likewise held by a Federal judge to be lacking in invention. In the motionpicture

art, infringements began with its very birth, and before the inevitable litigation

could be terminated no less than ten competitors were in the field, with whom

compromises had to be made.