Logourl black
From our private database of 14,000+ case briefs...

ProCD, Inc. v. Zeidenberg

United States Court of Appeals, Seventh Circuit
86 F.3d 1447 (1996)

ProCD, Inc. v. Zeidenberg

Facts

ProCD (plaintiff) sells a software product known as its SelectPhone database. The product consists of a detailed address directory and is sold to both commercial and non-commercial users. To make more profit, ProCD engages in price discrimination by charging a higher price for commercial users. It enforces its price discrimination scheme by including a license within the software package that limits use of SelectPhone to non-commercial purposes. The license terms are printed in the manual located inside the SelectPhone software packaging, and also pop up on the computer screen whenever the product is run. Matthew Zeidenberg (defendant) purchased SelectPhone and ignored the license agreement. He started his own company to sell the information contained in SelectPhone to commercial users at a cheaper price than that charged by ProCD. ProCD brought suit against Zeidenberg in federal district court for breach of contract. The district court held that the license agreement was not enforceable on the ground that it was inside the box rather than printed on the outside. ProCD appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Easterbrook, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.