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Jason Schultz Considers iPhone-Jailbreaking Ruling A Blow to Apple

-Bloomberg, July 26, 2010 by Todd Shields and Adam Satariano
http://bit.ly/cHQldK

Apple may also use other laws to keep iPhones from being modified, said Jason Schultz, co-director of the Samuelson Law Technology and Public Policy Clinic…. “Having the copyright office side with the jailbreakers doesn’t look good in court for Apple,” Schultz said in an interview. “They will have to explain why the copyright office is wrong.”

-CNET News, July 27, 2010 by Erica Ogg and Declan McCullagh
http://news.cnet.com/8301-31021_3-20011702-260.html

“It is an uphill battle now for Apple. What this does is kind of shifts things in favor of users,” said Schultz. “If Apple goes to court they have to explain to a judge why the copyright office is wrong (in this case) or why other laws should trump copyright laws.”

-San Francisco Chronicle, July 27, 2010 by Benny Evangelista
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/27/BUMV1EK31O.DTL

“This ruling is quite important because we’re seeing more and more of these kinds of embedded systems,” Schultz said. “It opens the way to more competition and more innovation. It’s a groundbreaking ruling from the U.S. Copyright Office, which has not always been as permissive.” He said the ruling could also spur “a whole business ecosystem formed around jailbreaking.”

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Jason Schultz Explains Shredding of State Documents

Voice of OC, June 29, 2010 by Tracy Wood
http://bit.ly/bMFM2i

UC Berkeley law professor Jason Schultz said government lawyers who approve requests to shred are simply doing their job, which is to protect their clients. “City attorneys are hired to protect the liability of cities…. It’s not that it’s ill-willed or bad faith.”

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Jason Schultz Theorizes about Possible Antitrust Investigation of Apple

CNET News, May 5, 2010 by Erica Ogg
http://news.cnet.com/8301-31021_3-20004138-260.html

“It is the attempt to use power in one market—smartphone/tablet applications—to control other software markets, much like Microsoft used its power in the operating system and office software markets to try to control the browser market,” according to Schultz. “Just as OEMs would have been foolish to refuse to do business with Microsoft, most smartphone/tablet application makers would be foolish to refuse to do business with Apple if they hope to survive. Thus, this could be a basis for FTC/DOJ inquiry.”

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Jason Schultz Thinks Americans Care about Online Privacy

The San Francisco Chronicle, April 19, 2010 by Alejandro Martínez-Cabrera
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/19/BUE71CRF1B.DTL&type=printable

“I think people care a lot. All you need to do is go and ask them if they’ll give you the keys of their house and let you look through every drawer or see all the text messages in their phone, and you’ll find they’ll care a lot about their privacy,” said Jason Schultz, acting director of UC Berkeley’s Samuelson Law, Technology & Public Policy Clinic.

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Jason Schultz Weighs in on Apple’s Patent Lawsuit against HTC

-CNET, March 4, 2010 by Marguerite Reardon
http://www.cnn.com/2010/TECH/03/04/cnet.apple.patent/

“If Apple just wants to push one competitor out of the way, then it may not implicate Google or Microsoft at all,” said Jason Schultz…. “But if they are staking out their turf and letting everyone know that they own the whole touchscreen smartphone market, then there will be a showdown.”

-San Francisco Chronicle, March 8, 2010 by Ryan Kim
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/08/BUD11CBFSR.DTL&type=printable

“It’s economics. There’s a ton of money flowing into the mobile space; it’s the new platform,” said Jason Schultz…. “Laptops, many think, are a thing of the past. Anytime you have a platform shift, you’re going to have a lot of lawsuits over who owns the platform.”

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Jason Schultz Notes Importance of DOJ Copyright Objections to Google Book Deal

San Francisco Chronicle, February 5, 2010 by James Temple
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/05/MN7O1BSSRM.DTL&type=printable

“These issues are at the center of whether or not the judge will approve this deal,” said Schultz, who worked on behalf of groups that filed an objection to the settlement.

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Jason Schultz Explains Nokia Legal Maneuver against Apple

CNET News, October 22, 2009 by Erica Ogg
http://news.cnet.com/8301-31021_3-10381354-260.html

“There are companies that are patent trolls, that don’t participate in the creation of technology, or they secretly acquire them. Nokia’s not one of these companies…. They’re probably not trying to put Apple out of business … but force Apple to play the same game that every other phone company has to play.”

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Jason Schultz Raises Privacy Concerns about Google Book Settlement

Freeculture.org, September 30, 2009 by Jason Schultz
http://freeculture.org/blog/2009/09/30/gbs-and-students-schultz-privacy/

Despite Google’s assurances that they “take our privacy commitments to our users very seriously,” there are open questions about how much information they will collect on readers who use GBS, whether that information will be used in conjunction with other Google Services (such as its advertising services), how long they will keep the information, and under what circumstances they will disclose it to third parties, such as the government or those involved in civil lawsuits.

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Jason Schultz Believes Libraries Will Retain Value Even as Books Go Digital

CNN.com, September 4, 2009 by John D. Sutter
http://www.cnn.com/2009/TECH/09/04/future.library.technology/

Jason M. Schultz, director of the Samuelson Law, Technology and Public Policy Clinic…. said libraries always have served two roles in society: They’re places where people can get free information; and they’re community centers for civic debate. As books become more available online, that community-center role will become increasingly important for libraries, he said. “It depends on whether we prioritize it as a funding matter, but I think there always will be a space for that even if all the resources are digital,” he said.

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Jason Schultz Launches ″Cyberlaw Cases″ Blog

Berkeleyan, September 3, 2009 by Kathleen Maclay
http://www.berkeley.edu/news/media/releases/2009/09/03_cyberlawblog.shtml

“No other blog does this,” said Cyberlaw Cases blogger Jason M. Schultz, an assistant clinical professor of law and director of the Samuelson Law, Technology & Public Policy Clinic. “There are blogs that talk about Internet-related cases, but none that rank them to help readers focus on where the significant decisions will emerge.”

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Jason Schultz Puts Google Book Settlement in Historical Perspective

CNET News, August 29, 2009 by Tom Krazit
http://news.cnet.com/8301-30684_3-10321371-265.html

If the class action settlement is approved, Google stands to gain control of a priceless asset. Jason Schultz, acting director of UC Berkeley’s Samuelson Law, Technology, and Public Policy Clinic, called it “the largest copyright-licensing deal in U.S. history”: the right to display the contents of out-of-print books that are still covered by copyright protection.

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Jason Schultz Notes Downside of Internet Patents

The Recorder, July 17, 2009 by Zusha Elinson
http://www.law.com/jsp/article.jsp?id=1202432339946&

A_Decade_Later_Amazon_Finds_Itself_on_Other_Side_of_Click_Patent_Battle
Jason Schultz, an IP lawyer at UC Berkeley School of Law, said Cordance’s Internet commerce patent on an “object-based online transaction infrastructure” is “just as suspect” as the Amazon 1-click patent.… “This is the hard lesson that Amazon learned and that a lot of software companies learn,” Schultz said. “You think these patents are great when you own them, but really it’s a minefield.”

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Jason Schultz Helps Answer Slate’s Michael Jackson FAQ

Slate.com Explainer, June 26, 2009 by Brian Palmer
http://www.slate.com/id/2221408/

Could he have licensed his dance moves? Only the more complicated sequences. Since 1976, federal law has allowed for the copyrighting of “pantomimes and choreographic works” but not of isolated dance steps. So while Michael Jackson could surely have safeguarded the rights to the “Thriller” video choreography, he likely could not have licensed the moonwalk. (Besides, the moonwalk was probably not an original work.) Jackson does hold a patent on the specialized shoes he used in the leaning sequence of the “Smooth Criminal” video…. The Explainer thanks … Jason Schultz of Berkeley Law School.

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Jason Schultz Raises Constitutional Issues in Kinks.com Case

SFGate.com, April 30, 2009 by Violet Blue
http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2009/04/30/violetblue0430.DTL&type=printable

“This case touches on an important intersection between free speech and our rights to equal protection under the law. While governments may not be required to fund any and all speech, once they promise general benefits such as job training to particular groups or individuals, the decision then to take those benefits away because of the nature of a recipient’s speech raises some serious constitutional concerns. Just as whistle blower laws prohibit firing employees who speak out against unlawful violations by their employers, we must be careful not to allow governments to punish people because they disagree with their message.”

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Jason Schultz Questions Attorney Nesson’s Legal Tactics in Music-Sharing Suit

The Boston Globe, April 8, 2009 by Jonathan Saltzman
http://www.boston.com/news/local/massachusetts/articles/2009/04/08/to_noted_lawyer_its_an_open_and_shout_case?mode=PF

Jason Schultz, an assistant clinical professor at the law school at the University of California-Berkeley … agreed that posting the e-mail messages of potential defense witnesses was bizarre and risky; the recording industry could try to share the comments with a jury to undermine Tenenbaum’s case. Still, Schultz said, Nesson’s transparency might be part of a broader strategy to spur debate and make the case a public referendum on the file-sharing lawsuits. “This case is bigger than Joel Tenenbaum, and Joel may want it to be bigger,” said Schultz, who called Nesson a “wacky character” but brilliant.

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Jason Schultz Supports Ruling to Limit Patent Types

cnet news, Oct. 30, 2008 by Erica Ogg
http://news.cnet.com/8301-13578_3-10079859-38.html

“We’ve seen a rise in the number of lawsuits against tech companies in the IT area specifically. Many are very questionable patents, and the patent office is overwhelmed,” said Jason Schultz…. “It will reduce the number of patent applications which are filed in the IT space—especially by these questionable entities or companies trying to patent trivial things.”

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Jason Schultz Favors Open Wireless Networks

San Francisco Chronicle, August 18, by Matthew B. Stannard
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/18/MNH312BTS1.DTL&hw=How+wardrivers+cruise+the+world+of+wireless+networks&sn=001&sc=1000

“I think most people would presume that you have permission to access that open network, that’s become the social norm. But it’s a little unclear what the law is,” said Jason Schultz…. “I think for most people, an open network is a nice neighborly thing to do. Everyone gets more access to information.”

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Jason Schultz Finds Fault in Patenting Business Methods

San Francisco Daily Journal, May 8, by Craig Anderson
http://www.dailyjournal.com

“That’s not what Congress intended to be covered,” said Jason Schultz…. “The patent office is overwhelmed, and it’s hurting innovation. We would benefit so much more not having examiners waste so much time on things that are suspect at best.”

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Jason Schultz Describes EFF, Defender of Cyberspace Rights

San Francisco Daily Journal, Feb. 1, by Jeanette Borzo
http://www.dailyjournal.com

“Most lawyers in the past haven’t been aware of us,” says Jason Schultz, a former staff attorney who left EFF [Electronic Frontier Foundation] in November to take a post at UC Berkeley. “EFF, by definition, is a group that deals with cutting-edge technology issues, and most attorneys haven’t cared about those issues.”

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In the News



Jason Schultz Considers iPhone-Jailbreaking Ruling A Blow to Apple

-Bloomberg, July 26, 2010 by Todd Shields and Adam Satariano
http://bit.ly/cHQldK

Apple may also use other laws to keep iPhones from being modified, said Jason Schultz, co-director of the Samuelson Law Technology and Public Policy Clinic…. “Having the copyright office side with the jailbreakers doesn’t look good in court for Apple,” Schultz said in an interview. “They will have to explain why the copyright office is wrong.”

-CNET News, July 27, 2010 by Erica Ogg and Declan McCullagh
http://news.cnet.com/8301-31021_3-20011702-260.html

“It is an uphill battle now for Apple. What this does is kind of shifts things in favor of users,” said Schultz. “If Apple goes to court they have to explain to a judge why the copyright office is wrong (in this case) or why other laws should trump copyright laws.”

-San Francisco Chronicle, July 27, 2010 by Benny Evangelista
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/27/BUMV1EK31O.DTL

“This ruling is quite important because we’re seeing more and more of these kinds of embedded systems,” Schultz said. “It opens the way to more competition and more innovation. It’s a groundbreaking ruling from the U.S. Copyright Office, which has not always been as permissive.” He said the ruling could also spur “a whole business ecosystem formed around jailbreaking.”


Jason Schultz Explains Shredding of State Documents

Voice of OC, June 29, 2010 by Tracy Wood
http://bit.ly/bMFM2i

UC Berkeley law professor Jason Schultz said government lawyers who approve requests to shred are simply doing their job, which is to protect their clients. “City attorneys are hired to protect the liability of cities…. It’s not that it’s ill-willed or bad faith.”


Jason Schultz Theorizes about Possible Antitrust Investigation of Apple

CNET News, May 5, 2010 by Erica Ogg
http://news.cnet.com/8301-31021_3-20004138-260.html

“It is the attempt to use power in one market—smartphone/tablet applications—to control other software markets, much like Microsoft used its power in the operating system and office software markets to try to control the browser market,” according to Schultz. “Just as OEMs would have been foolish to refuse to do business with Microsoft, most smartphone/tablet application makers would be foolish to refuse to do business with Apple if they hope to survive. Thus, this could be a basis for FTC/DOJ inquiry.”


Jason Schultz Thinks Americans Care about Online Privacy

The San Francisco Chronicle, April 19, 2010 by Alejandro Martínez-Cabrera
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/19/BUE71CRF1B.DTL&type=printable

“I think people care a lot. All you need to do is go and ask them if they’ll give you the keys of their house and let you look through every drawer or see all the text messages in their phone, and you’ll find they’ll care a lot about their privacy,” said Jason Schultz, acting director of UC Berkeley’s Samuelson Law, Technology & Public Policy Clinic.


Jason Schultz Weighs in on Apple’s Patent Lawsuit against HTC

-CNET, March 4, 2010 by Marguerite Reardon
http://www.cnn.com/2010/TECH/03/04/cnet.apple.patent/

“If Apple just wants to push one competitor out of the way, then it may not implicate Google or Microsoft at all,” said Jason Schultz…. “But if they are staking out their turf and letting everyone know that they own the whole touchscreen smartphone market, then there will be a showdown.”

-San Francisco Chronicle, March 8, 2010 by Ryan Kim
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/08/BUD11CBFSR.DTL&type=printable

“It’s economics. There’s a ton of money flowing into the mobile space; it’s the new platform,” said Jason Schultz…. “Laptops, many think, are a thing of the past. Anytime you have a platform shift, you’re going to have a lot of lawsuits over who owns the platform.”


Jason Schultz Notes Importance of DOJ Copyright Objections to Google Book Deal

San Francisco Chronicle, February 5, 2010 by James Temple
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/05/MN7O1BSSRM.DTL&type=printable

“These issues are at the center of whether or not the judge will approve this deal,” said Schultz, who worked on behalf of groups that filed an objection to the settlement.


Jason Schultz Explains Nokia Legal Maneuver against Apple

CNET News, October 22, 2009 by Erica Ogg
http://news.cnet.com/8301-31021_3-10381354-260.html

“There are companies that are patent trolls, that don’t participate in the creation of technology, or they secretly acquire them. Nokia’s not one of these companies…. They’re probably not trying to put Apple out of business … but force Apple to play the same game that every other phone company has to play.”


Jason Schultz Raises Privacy Concerns about Google Book Settlement

Freeculture.org, September 30, 2009 by Jason Schultz
http://freeculture.org/blog/2009/09/30/gbs-and-students-schultz-privacy/

Despite Google’s assurances that they “take our privacy commitments to our users very seriously,” there are open questions about how much information they will collect on readers who use GBS, whether that information will be used in conjunction with other Google Services (such as its advertising services), how long they will keep the information, and under what circumstances they will disclose it to third parties, such as the government or those involved in civil lawsuits.


Jason Schultz Believes Libraries Will Retain Value Even as Books Go Digital

CNN.com, September 4, 2009 by John D. Sutter
http://www.cnn.com/2009/TECH/09/04/future.library.technology/

Jason M. Schultz, director of the Samuelson Law, Technology and Public Policy Clinic…. said libraries always have served two roles in society: They’re places where people can get free information; and they’re community centers for civic debate. As books become more available online, that community-center role will become increasingly important for libraries, he said. “It depends on whether we prioritize it as a funding matter, but I think there always will be a space for that even if all the resources are digital,” he said.


Jason Schultz Launches ″Cyberlaw Cases″ Blog

Berkeleyan, September 3, 2009 by Kathleen Maclay
http://www.berkeley.edu/news/media/releases/2009/09/03_cyberlawblog.shtml

“No other blog does this,” said Cyberlaw Cases blogger Jason M. Schultz, an assistant clinical professor of law and director of the Samuelson Law, Technology & Public Policy Clinic. “There are blogs that talk about Internet-related cases, but none that rank them to help readers focus on where the significant decisions will emerge.”


Jason Schultz Puts Google Book Settlement in Historical Perspective

CNET News, August 29, 2009 by Tom Krazit
http://news.cnet.com/8301-30684_3-10321371-265.html

If the class action settlement is approved, Google stands to gain control of a priceless asset. Jason Schultz, acting director of UC Berkeley’s Samuelson Law, Technology, and Public Policy Clinic, called it “the largest copyright-licensing deal in U.S. history”: the right to display the contents of out-of-print books that are still covered by copyright protection.


Jason Schultz Notes Downside of Internet Patents

The Recorder, July 17, 2009 by Zusha Elinson
http://www.law.com/jsp/article.jsp?id=1202432339946&

A_Decade_Later_Amazon_Finds_Itself_on_Other_Side_of_Click_Patent_Battle
Jason Schultz, an IP lawyer at UC Berkeley School of Law, said Cordance’s Internet commerce patent on an “object-based online transaction infrastructure” is “just as suspect” as the Amazon 1-click patent.… “This is the hard lesson that Amazon learned and that a lot of software companies learn,” Schultz said. “You think these patents are great when you own them, but really it’s a minefield.”


Jason Schultz Helps Answer Slate’s Michael Jackson FAQ

Slate.com Explainer, June 26, 2009 by Brian Palmer
http://www.slate.com/id/2221408/

Could he have licensed his dance moves? Only the more complicated sequences. Since 1976, federal law has allowed for the copyrighting of “pantomimes and choreographic works” but not of isolated dance steps. So while Michael Jackson could surely have safeguarded the rights to the “Thriller” video choreography, he likely could not have licensed the moonwalk. (Besides, the moonwalk was probably not an original work.) Jackson does hold a patent on the specialized shoes he used in the leaning sequence of the “Smooth Criminal” video…. The Explainer thanks … Jason Schultz of Berkeley Law School.


Jason Schultz Raises Constitutional Issues in Kinks.com Case

SFGate.com, April 30, 2009 by Violet Blue
http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2009/04/30/violetblue0430.DTL&type=printable

“This case touches on an important intersection between free speech and our rights to equal protection under the law. While governments may not be required to fund any and all speech, once they promise general benefits such as job training to particular groups or individuals, the decision then to take those benefits away because of the nature of a recipient’s speech raises some serious constitutional concerns. Just as whistle blower laws prohibit firing employees who speak out against unlawful violations by their employers, we must be careful not to allow governments to punish people because they disagree with their message.”


Jason Schultz Questions Attorney Nesson’s Legal Tactics in Music-Sharing Suit

The Boston Globe, April 8, 2009 by Jonathan Saltzman
http://www.boston.com/news/local/massachusetts/articles/2009/04/08/to_noted_lawyer_its_an_open_and_shout_case?mode=PF

Jason Schultz, an assistant clinical professor at the law school at the University of California-Berkeley … agreed that posting the e-mail messages of potential defense witnesses was bizarre and risky; the recording industry could try to share the comments with a jury to undermine Tenenbaum’s case. Still, Schultz said, Nesson’s transparency might be part of a broader strategy to spur debate and make the case a public referendum on the file-sharing lawsuits. “This case is bigger than Joel Tenenbaum, and Joel may want it to be bigger,” said Schultz, who called Nesson a “wacky character” but brilliant.


Jason Schultz Supports Ruling to Limit Patent Types

cnet news, Oct. 30, 2008 by Erica Ogg
http://news.cnet.com/8301-13578_3-10079859-38.html

“We’ve seen a rise in the number of lawsuits against tech companies in the IT area specifically. Many are very questionable patents, and the patent office is overwhelmed,” said Jason Schultz…. “It will reduce the number of patent applications which are filed in the IT space—especially by these questionable entities or companies trying to patent trivial things.”


Jason Schultz Favors Open Wireless Networks

San Francisco Chronicle, August 18, by Matthew B. Stannard
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/18/MNH312BTS1.DTL&hw=How+wardrivers+cruise+the+world+of+wireless+networks&sn=001&sc=1000

“I think most people would presume that you have permission to access that open network, that’s become the social norm. But it’s a little unclear what the law is,” said Jason Schultz…. “I think for most people, an open network is a nice neighborly thing to do. Everyone gets more access to information.”


Jason Schultz Finds Fault in Patenting Business Methods

San Francisco Daily Journal, May 8, by Craig Anderson
http://www.dailyjournal.com

“That’s not what Congress intended to be covered,” said Jason Schultz…. “The patent office is overwhelmed, and it’s hurting innovation. We would benefit so much more not having examiners waste so much time on things that are suspect at best.”


Jason Schultz Describes EFF, Defender of Cyberspace Rights

San Francisco Daily Journal, Feb. 1, by Jeanette Borzo
http://www.dailyjournal.com

“Most lawyers in the past haven’t been aware of us,” says Jason Schultz, a former staff attorney who left EFF [Electronic Frontier Foundation] in November to take a post at UC Berkeley. “EFF, by definition, is a group that deals with cutting-edge technology issues, and most attorneys haven’t cared about those issues.”



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