Educ. Testing Serv. v. Stanley H. Kaplan, Educ. Ctr., Ltd.

OPINION

MOTZ, Chief Judge.

During the second half of 1994, twenty-two employees of Stanley H. Kaplan Educational Center, Ltd. (“Kaplan”) took a computerized version of the Graduate Record Examination (“GRE”), known as the GRE-CAT, given by the Educational Testing Service (“ETS”). Through this organized effort Kaplan proved that questions on the GRE-CAT reappeared with sufficient frequency that they could be memorized by test-takers and passed on to others who had not yet taken the examination. Kaplan brought its findings to ETS’ attention, and in response ETS took steps to cure the security…