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Property Keyed to Merrill
ProCD, Inc. v. Zeidenberg
Citation:
86 F.3d 1447
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The plaintiff, ProCD, compiled information from more than 3,000 telephone directories into a computer database. ProCD sells a version of the database called SelectPhone on CD-ROMs. A program comes with these CD-ROMS allowing the user to search the database using their own criteria. The database in SelectPhone has both commercial and consumer use, and is much more valuable to commercial users. ProCD sells to consumer users at a significantly lower price than commercial users, but subjects such users to restrictions requiring them to use the product for consumer use only. The defendant, Zeidenberg, purchased a SelectPhone for consumer use. Subsequently, Zeindenberg disregarded the restrictions, formed his own company, and launched a website where he resold the information on the SelectPhone database to commercial users at a steep discount. ProCD sued.
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Topic Resources
7m 27s