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The issue thus being joined, the legal battle raged over different sections of the country. A number of contumeliously defiant infringers in various cities based fond hopes of immunity upon the success of this Goebel evidence, but were defeated.
The Volksraad judges all contraventions of regulations fixed by the Volksraad, and committed in the hall of the Volksraad, and punishes the infringers without further appeal. Notice is given by the Secretary of all fines inflicted by the Volksraad, to the Landrost under whom the persons fined reside, and the latter sees to its execution.
The persons of heralds, for example, were held to be under divine protection; treaties between states and contracts between individuals were confirmed by oath; the vengeance of the gods was invoked upon infringers of the law; national assemblies and military expeditions were inaugurated by public prayers; the whole of corporate life, in short, social and political, was so embraced and bathed in an idealising element of ritual that the secular and religious aspects of the state must have been as inseparable to a Greek in idea as we know them to have been in constitution.
The King decreed pain of death to all infringers; and to assist the enterprising monk in improving his machine, he appointed him first professor of mathematics in the University of Coimbra with a fat stipend. Then the Inquisition stepped in. The inventor's suave reply, to the effect that to show men how to soar to Heaven was an essentially religious act, availed him nothing.
The General Assembly could have no power to abrogate a law passed by the three estates of the realm. But probably it was the deep sense of that truth, which reined up the national resistance. Sure of a speedy collision between some patron and the infringers of his right, other parties stood back for the present, to watch the form which such a collision might assume.
In 1858, the United States Commissioner of Patents said, "No inventor, probably, has ever been so harassed, so trampled upon, so plundered by that sordid and licentious class of infringers known in the parlance of the world as 'pirates." Worn out with work and disappointment, Goodyear died two years later, a bankrupt. But his story should be remembered, and his memory honored, by every American.
Howe found an ally in George W. Bliss, a man of means, who had faith in the machine and who bought out Fisher's interest and proceeded to prosecute infringers.
These inquiries are extremely numerous, and obviously very important, involving frequently large interests in valuable publications in which litigation to establish the rights of authors, publishers or infringers has been commenced or threatened.
As the lighting business increased, however, and a great number of additional men were initiated into its mysteries, Edison and his experts were able to spare some time to legal matters, and an era of active patent litigation against infringers was opened about the year 1885 by the Edison company, and thereafter continued for many years.
In nine cases out of ten such a course can be followed with relative impunity; and guided by skilful experts who may suggest really trivial changes here and there over the patented structure, and with the aid of keen and able counsel, hardly a patent exists that could not be invaded by such infringers.
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