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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"
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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:
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.
- 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.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.