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Contracts Keyed to Blum
ProCD, Inc. v. Zeidenberg
Citation:86 F.3d 1447 (1996)
ProfessorMelissa A. Hale
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
ProCD, the plaintiff, made an electronic database called “Selectphone.” They sold it to both businesses, who had full use of the database, and private consumers, who had more limited use of the database. They charged a lower price to the private consumers, though the capabilities of the software as sold were the same. ProCD restricted the use of the private consumer by granting a limited license with those versions. The outside of the software boxes stated that the software was subject to restrictions by terms enclosed in the box. This limited license also appeared when a user attempted to run the software.
Defendant, Zeidenberg, bought the private consumer version of the software at the lower price. However, he used the full business capabilities of the software for his business by selling its information to other businesses at a lower price than ProCD. Zeidenberg claims that the limiting terms did not apply to him because they were not visible (and consequently, not disclosed to him) at the time of the sale. Plaintiff brought this claim, seeking an injunction.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.