Legal Opinion
ProCD, Inc. v. Zeidenberg
Court of Appeals for the Seventh Circuit
Decided June 20, 1996No. 96-1139PublishedCited by 228 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Must buyers of computer software obey the terms of shrinkwrap licenses? The district court held not, for two reasons: first, they are not contracts because the licenses are inside the box rather than printed on the outside; second, federal law forbids enforcement even if the licenses are contracts. 908 F.Supp. 640 (W.D.Wis.1996). The parties and numerous amici curiae have briefed many other issues, but these are the only two that matter. — and we disagree with the district judge’s conclusion on each. Shrinkwrap licenses are enforceable unless their terms are…
2Cases cited23 opinions
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- Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- Kewanee Oil Co. v. Bicron Corp.Supreme Court of the United States · 1974
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3Cited by228 opinions
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- Compuserve, Incorporated v. Richard S. Patterson, Individually, and Flashpoint DevelopmentCourt of Appeals for the Sixth Circuit · 1996
- register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
- Schnabel v. Trilegiant Corp. & Affinion, Inc.Court of Appeals for the Second Circuit · 2012
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