What happened in ProCD on Remand?

    In ProCD v. Zeidenberg, the Seventh Circuit found that the shrinkwrap license was valid and not preempted by copyright. It remanded and directed judgment be entered for ProCD.

    I presume this is only judgment on the breach of license agreement claim as the copyright claims were found wanting.

    Does anyone know what remedies ProCD obtained? Injunctive relief (i.e., don't copy our data anymore; or return our disks)? Contract remedies of some kind? Monetary damages? Was ProCD able to get profits on its lost sales? Or Zeidenberg's profits? How does one go about measuring damages for breach of a promise not to make commercial use of a product?

        Bob Kreiss

• Robert A. Kreiss Phone: 937-229-2256 *
• Professor of Law Fax: 937-229-2469 *
• Director, Program in Law and Technology *
• University of Dayton School of Law *
• Dayton, OH 45469-1320 *
• *
• For information on the intellectual property and *
• cyberspace law program at the University of Dayton, *
• see http://www.udayton.edu/~lawtech *

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