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ProCD, Inc. v. Zeidenberg, 908 F. Supp. 640 (W.D. Wis. 1996) :: Justia

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The court determined that the license agreement was best seen as a proposed modification of the parties' sales contract under § 2-209 and ruled that the terms of that agreement were not effective because Arizona Retail had never assented to them.

  • In February or March 1995, defendant Zeidenberg decided he could download data from Select Phone™ and make it available to third parties over the Internet for commercial purposes.

  • If this is the case, then defendants are bound to the terms of the agreement because they opened and used the product, just as Arizona Retail was bound initially to the terms of The Software Link's box-top license.

  • Contracts that seek to protect reproduction and distribution rights step into territory already covered by copyright law.




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