ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (1996) p.821

SUBJECT

federal preemption

FACTS

Company put together a CD with lots of names, addresses and numbers. Charged a different price to commercial customers than to personal customers.

PROCEDURE

District court said the shrinkwrap licenses are not contracts, federal law forbids enforcement even if the lecenses are contracts.

ISSUE

Whether the shrinkwrap licenses are valid.
If it is valid, is it preempted by the copyright act since the CD is copyrightable?

RATIONAL

The shrinkwrap licenses are valid. Happen all the time where you can't see terms until later. A simple two-party contract is not equivalent to any of the exclusive rights within the general scope of copyright, and therefore may be enforced. The subject matter here falls within section 301.

Created on: Thursday, November 11, 1999 at 20:43:11 (PST)