44a["Wireless Telegraphy", The West Australian, Thursday 29 June 1911, page 7]

WIRELESS TELEGRAPHY.

A LEGAL DIFFICULTY.

EXPERT FOR AUSTRALIA APPOINTED.

Melbourne, June 28.

The Acting-Prime Minister (Mr. Hughes) on being seen to-day regarding the difficulty that has arisen in connection with the installation of wireless telegraphy in Australia, said that he hoped in a little while that certain steps would be taken which would remove the obstacles: "If the whole difficulty arises under the Parker judgment in the radio-telegraphy patent rights case," said Mr. Hughes, "that judgment seems to go so far is practically to preclude any other system of wireless being operated than the Marconi. I should not like to say that that is actually so, and only with very great reluctance would I come to such a conclusion. But if it be so the facts have to be faced. Wireless telegraphy is almost as much a necessity in these days as air and light, and before long Australia will have to get it in any circumstances. Inquiries are being made from the holders of the various systems as to what they are prepared to dispose of them for if the Commonwealth desired to acquire them. If such a step were decided on the rights will be acquired, not only for naval and military purposes, but for commercial and general uses."

...

44b["Marconi Patent", The Register (Adelaide, SA), Thursday 13 July 1911, page 6]

MARCONI PATENT.

Parker Wireless Judgment.

How Australia is Affected.

MELBOURNE, July 12.

When the Parker judgment in connection with wireless telegraphic services was made known in Australia the Federal Ministry communicated with the Admiralty with a view to ascertain the olficial opinion regarding what effect the judgment would have on systems other than the Marconi. It is understood that a despatch has been received by the Government in reply to its queries. To-day, in answer to questions, the Acting Prime Minister (Mr. Hughes) made a statement on the subject. He said it appeared that the judgment went to the extent of declaring, with a certain amount of hesitancy, and subject to any appeal or further judicial decision which might have the effect of upsetting it, that no known commercial system was outside the scope of the Marconi, the master patent. He was not prepared to say precisely how that would affect the Federal installation. The Government had felt that the expert opinions which it had obtained from its own officers should be fortified by enquiry from the Imperial authorities. The authorities operated under the Oliver Lodge patent, which was prior to the Marconi, but the Marconi patent could hardly be said to depend in any way on the Lodge patent. He was not going to say for one moment that the position, as it appeared at present, should be accepted an final, for the possibilities of further litigation were imminent. It did not follow that because the Radio-telegraphic Company, a comparatively small concern, regarding whose operations it was difficult to obtain precise particulars, had failed, other concerns, perhaps exchanging messages through different media, would necessarily come within the scope of the judgment. It might be possible for some system now in force or to come into force to be outside the judgment, otherwise for the next four years the Marconi patent would hold the field. Dealing with the undertakings already begun for the Commonwealth at Sydney and Fremantle, Mr. Hughes said the position was clear. The Australasian Wireless, Limited, who were installing the plant and were working on the Telefunken patent, guaranteed the Commonwealth against any loss in any actions taken in consequence of infringement of patents. In addition to that the contractors had to give the Commonwealth an efficient working plant, so that so far as the existing contracts were concerned the Federal Government was safeguarded. The difficulty now was that the position, so far as it was known, made it hardly possible for the Commonwealth to proceed along the same lines as formerly. If the Government knew that the Marconi patent was being infringed deliberately, that meant that the Port Moresby and Thursday Island installations would have to be postponed. It was obvious that they could not be hung up in definitely, but the Government had felt that in view of the gravity of the position the opinion of the British authorities should be obtained, in addition to the interpretation of the Parker judgment by the Australian Patents Office and himself as Attorney-General. Consequently, the opinion had been obtained. It was a matter for consideration whether the Government, in default of any further testing of the position by others, should sit down under the domination of one company, and whether that company was to straddle the world like a Colossus.