In the News


Jason Schultz in the news:



In hot pursuit of numbers to ward off crime

Jason Schultz quoted in The New York Times, June 19, 2013

“It comes with inherent biases and prejudices that can be worse than the help it offers,” said Jason M. Schultz…. “It kind of reinforces its own data by redirecting resources to those areas.”


Whose MP3s are they, anyway?

Jason Schultz interviewed by National Public Radio, Morning Edition, April 11, 2013

Jason Schultz, a law professor … said that the ruling may kill off the used-book and record stores of the digital age. “There is a lot of value both economic and social that we get from having secondary markets,” he told me.


A setback for resellers of digital products

Jason Schultz quoted in The New York Times, April 1, 2013

“The decision was very one-sided,” said Jason M. Schultz…. “There needs to be some way to resell if we believe the Supreme Court that first sale is important.”


Is it legal to sell your old MP3s?

Jason Schultz quoted in National Public Radio, Planet Money blog, March 20, 2013

The ruling means “you can’t have the ghost of copyright following the object around and policing it,” said Jason Schultz, a law professor at UC Berkeley who filed an amicus brief on behalf of the student. When I talked to him yesterday, he told me the case has important implications for interpreting “first sale” doctrine in the digital world.


Proponents of cellphone unlocking ask the White House for help

Jason Schultz quoted in Los Angeles Times, February 18, 2013

At issue is the Librarian of Congress’ decision last October to end an exemption in federal copyright law for cellphone unlocking…. Ironically, the original unlocking exemption drew a lawsuit from TracFone, a company that makes cellphone software, said Jason Schultz, a copyright law expert at UC Berkeley. But after the Justice Department weighed in, arguing that there was no legal basis for the lawsuit, TracFone withdrew its complaint.


The patent, used as a sword

Jason Schultz quoted in The New York Times, October 7, 2012

Law school faculty at the University of California, Berkeley, have proposed a “Defensive Patent License” in which companies would contribute patents to a common pool that shielded participants from litigious aggressors. Companies would be allowed to participate as long as they did not become first-strike plaintiffs. The benefit is that “you don’t have to worry about your patent being weaponized” and used to attack competitors, said Jason M. Schultz, an assistant professor who helped design the license.


The patent, used as a sword

Jason Schultz quoted in The New York Times, October 7, 2012

Law school faculty at the University of California, Berkeley, have proposed a “Defensive Patent License” in which companies would contribute patents to a common pool that shielded participants from litigious aggressors. Companies would be allowed to participate as long as they did not become first-strike plaintiffs. The benefit is that “you don’t have to worry about your patent being weaponized” and used to attack competitors, said Jason M. Schultz, an assistant professor who helped design the license.


NY Times leads group defense in mobile patent suit

Jason Schultz quoted in USA Today (Associated Press) August 28, 2012

As for so-called patent trolls, “you really have to wonder what contribution they are making to our economy or our society, or if it’s just a drain,” said Jason Schultz…. And Berkeley’s Schultz says it should be easier for defendants to force the patent office to re-examine its past decisions on issuing patents, and easier for patents to be struck down in court.
This story also appeared in numerous national outlets.


“Defensive Patent License” created to protect innovators from trolls

Jason Schultz and Jennifer Urban quoted in Ars Technica, June 12, 2012

“The idea is this:  If you want to be part of this network of defensive patent people, you are committing that all of your patents, every single thing you’ve done, will be available royalty-free to anyone who wants to take a license, if they commit to only practice defensive patent licensing,” Schultz said today in Boston at the Usenix conference on cyberlaw issues.

Urban notes in her blog post that both Twitter’s pledge and the DPL are “a private response to a broken patent system,” but “unless and until Congress or the courts can improve things, such private solutions may be our best options to stem the rising tide of patent attacks.”
This story appeared in a number of sources including The Verge, BGR, Techdirt, Intellectual Asset Management magazine, and InfoWorld.


Facebook may let kids under 13 join with parent’s help

Jason Schultz quoted in USA TODAY, June 5, 2012

The company might be attempting to get ahead of a regulatory battle brewing in Washington to enact more stringent rules on collection of personal data from minors, says Jason Schultz, a University of California-Berkeley professor who co-authored a study last year on minors’ use of Facebook.


Twitter has a savvy new patent strategy

Jason Schultz and Jennifer Urban write for Daily Journal, May 2, 2012 (registration required)

Silicon Valley companies invest heavily in recruiting, and engineers who care about patent policy and open innovation are likely to see this as a signal that Twitter thinks differently about patents than other companies. If the IPA starts a trend, the technology labor market could become a testing ground for what policies truly “promote the progress of the useful arts” in America.


Legal hackathon challenges lawyers to think like hackers

Jason Schultz quoted in The Huffington Post, April 17, 2012

Jason Schultz … said he agrees with Askin’s assertion that many lawyers need to upgrade their technological know-how….”Lawyers need to understand tech better, but so do educators and so do firefighters. There are lots of different professions that you could make statement about,” said Schultz. “I think this is a way people demonize lawyers to say, ‘you’re in the way, get out of the way.’”


Serving a public that knows how to copy: orphan works and mass digitization

Pamela Samuelson, Jennifer Urban, Molly van Houweling, Jason Schultz cited in Publishers Weekly, April 14, 2012

-The UC Berkeley Center for Law and Technology (BCLT) is among the most eminent study centers for intellectual property (IP) law. Coordinated by Professor Pamela Samuelson, this last week it pulled together approximately 200 highly accomplished and well-spoken legal scholars, practitioners and librarians in a small conference on orphan works, “Orphan Works and Mass Digitization.”

-Jennifer Urban of BCLT cautioned that we need to evaluate the benefits and costs of diligent search requirements, a likely component of orphan works legislation, against the costs of collective licensing, which is more of a blunt end of the rights hammer, but would obviate the need for individualized search.

-Molly van Houweling observed that we need systems … that actively reward instead of punish efforts that produce information helping to re-unite rightsholders with their works.

-Jason Schultz noted in twitter that the key question was how people and their institutions can be part of this world, and learn to serve publics who know how to copy.


Latest round of Yahoo layoffs the most severe

Jason Schultz interviewed on NPR, All Things Considered, April 4, 2012

“Once you start entering into the patent wars, I think it can, in fact, overwhelm your company—even a company like Yahoo.”

Latest round of Yahoo layoffs the most severe

Jason Schultz interviewed on NPR, All Things Considered, April 4, 2012

“Once you start entering into the patent wars, I think it can, in fact, overwhelm your company—even a company like Yahoo.”


Oldies, but Still Goodies

Jason Schultz quoted in The Daily, March 5, 2012

“Potentially this court could decide if consumers have any rights at all over their digital music, books or movies,” said Jason Schultz, a law professor at University of California Berkeley School of Law who specializes in digital copyright. “It could completely redefine the contours of the digital marketplace.”


Jason Schultz Objects to Restrictions on Students’ Class Notes

The Sacramento Bee, February 2, 2012 by Erica Perez
http://www.sacbee.com/2012/02/02/4236179/california-universities-make-new.html

“Copyright is a federal law, and generally when state laws conflict with federal laws, federal law wins,” Schultz said. “Perhaps more important is that there’s a First Amendment issue, as well. If I take notes in class, and I want to share them, that’s speech.”


Jason Schultz Suggests Reform of Online Preteen Privacy Rules

Pittsburgh Tribune-Review, January 30, 2012 by Kellie B. Gormly
http://www.pittsburghlive.com/x/pittsburghtrib/lifestyles/family/s_779118.html#

Parents, not the government or a website, should be deciding the rules for their children, and parents should be flexible, Schultz says. Denying kids Facebook access can create a power struggle.


Jason Schultz Joins Brief Against Righthaven

VEGAS INC, January 13, 2012 by Steve Green
http://www.vegasinc.com/news/2012/jan/13/google-sides-against-righthaven-appeal-copyright-c/

It was joined by the Digital Media Law Project … and several professors who have been critical of Righthaven, including Eric Goldman of the Santa Clara University School of Law and Jason Schultz at the University of California’s School of Law in Berkeley. That friend of the court brief covered longstanding criticisms of Righthaven and its no-warning, mass lawsuit initiative.


Jason Schultz Faults Children’s Online Privacy Act

Chicago Tribune, December 14, 2011 by Jessica Tobacman
http://bit.ly/wsnH2f

Although the law does not require websites to bar children under 13, “the industry response to the law has led to age restrictions,” said Jason M. Schultz, one of the authors of the study of preteens on Facebook and an assistant clinical professor of law at the University of California Berkeley School of Law.


Jason Schultz Discusses Resale of Digital Files

The New York Times, November 14, 2011 by Ben Sisario
http://nyti.ms/uwHypv

“When you own something you get to customize it, modify it, move it around — the things that we do all the time with physical property,” Professor Schultz said. “That needs to be applied to digital music here in order to get it off your hard drive, to their service and to the next person.”