In the News


Jason Schultz in the news:



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.”


Jason Schultz Says Websites Avert Child Privacy Law

-POLITICO Pro, November 1, 2011 by Michelle Quinn
https://www.politicopro.com (registration required; go to H:\Law School in the News\In the News 2011\News Clips for article)

“Parents are very concerned about privacy and Internet safety but they don’t want age-based restrictions as part of the approach,” he said. “We say that there should be privacy protections, but they shouldn’t be based on any demographic or category for age.”

-San Francisco Chronicle, November 3, 2011 by Amy Graff
http://blog.sfgate.com/sfmoms/2011/11/03/millions-of-parents-lie-to-let-kids-join-facebook/

“Overwhelmingly, parents believe that they should have the final say about what their child can do online,” the study authors wrote. “When asked who should have final say about whether or not their child should be able to access online services, 93 percent of parents indicated that they themselves should.”


Jason Schultz Says Music Suit a Catalyst for Copyright Reform

Reuters, September 28, 2011 by Erin Geiger Smith
http://bit.ly/q78knl

“The system is outdated,” said Jason Schultz…. “While Tenenbaum is an imperfect―and unsympathetic defendant―he is a vehicle for bringing copyright law up to speed. “It’s a real case and a real guy that’s been run up for [real] money,” said Schultz. A court will eventually make a decision on the issue of appropriate copyright damage, he said. “We’re trying to help them make the right one.”


Jason Schultz Explains Privacy Concerns Over Court Records

The New York Times, August 27, 2011 by Steven Rosen
http://www.nytimes.com/2011/08/28/us/28mug.html

“There are ongoing questions about the privacy of people listed in court records,” says Jason Schultz…. “We think, ‘Wow, it’s in the public record,’ but in reality if it’s in a file somewhere that you can’t Google, it remains private until we need it. Now that records are becoming more public, I think courts are trying to think about how to be sensitive to those interests given that they can be indexed by search engines, copied and reposted.”


Jason Schultz Suggests Modest Patent Reforms

Ars Technica, August 4, 2011 by Timothy B. Lee
http://bit.ly/nKGB4I

The most important reform, he argued, would be to add an affirmative search requirement to patent applications. “If I think I’ve invented something, the patent office doesn’t require me to look anywhere to see if anyone has done it first,” he said. By requiring applicants to “do a little homework first,” the law could make examiners’ jobs easier and dissuade some applicants from filing for patents at all.


Jason Schultz Asks Court to Shut Down Righthaven in South Carolina

Vegas Inc, June 27, 2011 by Steve Green
http://www.vegasinc.com/news/2011/jun/27/two-groups-ask-high-court-shut-down-righthaven-sou/

Stephens Media and MediaNews Group haven’t said why they contracted with Righthaven for copyright infringement lawsuits. Copyright expert and assistant clinical professor Jason Schultz offered theories on that today in a separate court filing…. “One could speculate that (somewhat ironically) Stephens wished to keep its name out of the press or attempt to avoid the burdens of litigation such as discovery, attorney’s fees, costs or sanctions,” Schultz wrote.


Jason Schultz Questions PayPal Suit Against Google

GigaOM, May 28, 2011 by Cortney Fielding
http://gigaom.com/2011/05/28/in-legal-battle-with-google-paypal-faces-uphill-battle-in-california/

“California is very pro-competition, especially here in the Silicon Valley. Think of startup culture. We like to entice employees to jump ship and compete with former employers,” Schultz said. “This state has a very free-trade approach to labor markets. You can’t lock in your employees forever. You have to compete to keep them.”


Jason Schultz Discusses Zediva and Tenenbaum Copyright Conflicts

-Variety, April 1, 2011 by Ted Johnson
http://www.variety.com/article/VR1118034775?refcatid=13&printerfriendly=true

“I think (Zediva) is in a gray zone,” Schultz says. “I think that they have good arguments that what they are doing is legal, and I would bet that they would end up winning in the end, but it is a close call.”

-The Chronicle of Higher Education, April 5, 2011 by Marc Parry
http://bit.ly/gj6QzX

“Even if you don’t like Joel Tenenbaum, even if you think he’s a jerk and deserves to go down in flames, this constitutional-due-process review is important,” says one of the brief’s authors, Jason M. Schultz…. “Because when the court rules, it will not only affect Joel Tenenbaum. It sets the law in place for everyone else who ever gets sued for copyright infringement.”


Jason Schultz Thinks Music Lawsuit Will Benefit Older Artists

The New York Times, March 27, 2011 by Ben Sisario
http://www.nytimes.com/2011/03/28/business/media/28eminem.html?pagewanted=1

Jason M. Schultz … who helped write a friend of the court brief on behalf of the Motown Alumni Association … said that recording contracts made in the early days of digital music reflected the labels’ failure to recognize that technology’s potential. “The record companies would strike these deals with artists in a way that favored them,” Mr. Schultz said. “But when the digital revolution came around, those contracts ended up favoring artists. The record companies guessed wrong.”


Jason Schultz Says Some Companies Soften Stance on IP Infringements

Washington Internet Daily, February 25, 2011 by Louis Trager
http://bit.ly/ibjEBt (registration required; go to H:\Law School in the News\In the News 2011\News Clips for article)

“Each company has to decide what they’re OK with,” said Schultz, of the University of California-Berkeley law school. Lucasfilm “actually used to be pretty harsh on the Internet” with IP enforcement “but now has become quite friendly” to user-generated content involving its properties, as with the video “Star Wars Uncut,” he said.


Jason Schultz Prefers Traditional Jury Selection, Not Online “Snooping”

The Wall Street Journal, February 22, 2011 by Ana Campoy and Ashby Jones
http://on.wsj.com/f0dHlg

Some legal experts oppose this growing practice of scouring social-media sites, arguing that the traditional jury-selection process … provides more valuable information than out-of-context online comments. “I don’t think we should abandon that system in favor of Internet snooping,” said Jason Schultz. “There are a number people who post who they want to be, as opposed to who they are.”


Jason Schultz Comments on Righthaven’s Copyright Lawsuits

The Associated Press, February 15, 2011 by P. Solomon Banda
http://www.bloomberg.com/news/2011-02-15/copyright-lawsuits-filed-over-pat-down-photo.html

In Las Vegas, lawsuits have been filed over various Review-Journal content, including a graphic showing how the mirrors at the Vdara Hotel at CityCenter focused sunlight at the hotel’s pool in a phenomenon that one tourist claimed singed his hair, according to Jason Schultz.


Jason Schultz Argues for Fair Use in Copyright Case

Las Vegas Sun, December 15, 2010 by Steve Green
http://www.lasvegassun.com/news/2010/dec/15/judge-focuses-question-fair-use-copyright-lawsuit/

“CIO’s use of the article expanded public knowledge about immigration enforcement without cannibalizing the market for the original work,” Schultz wrote. “In fact, there is no market for the work at all because it is owned by Righthaven, a company that does not publish news stories, but files copyright infringement lawsuits based on assigned copyrights as its exclusive business model.”


Jason Schultz Wants Agencies to Curb Online Snooping

ColorLines, October 19, 2010 by Seth Freed Wessler
http://colorlines.com/archives/2010/10/government_snoops_are_using_facebook.html

The realm of government surveillance and policing through online social networks is a relative legal void, with agencies making their own rules and with little legislated oversight or regulation in place. “The rules,” says Schultz, “are just not up to date. We’re still using rules for email and voicemail, for a different world.”


Jason Schultz Says First Amendment Often Shields Child-Sex Advertisers

USA Today, September 30, 2010 by Wendy Koch
http://www.usatoday.com/tech/news/2010-09-30-sexads30_ST_N.htm

Jason Schultz, assistant professor at the University of California-Berkeley School of Law, says lawsuits that accuse a publication of aiding child prostitution often fail, because courts traditionally cite the First Amendment’s protection of free expression.


Jason Schultz Comments on Craigslist’s Adult Services Battle

Contra Costa Times, September 4, 2010 by Patrick May and Washington Post
http://www.contracostatimes.com/business/ci_15993275?nclick_check=1

By choosing the word “censored,” Craigslist seemed to signal that the battle will continue, said Jason Schultz, a law professor at UC Berkeley. “Maybe what (Craigslist is) trying to do is raise the other side of the issue, which is that there’s serious First Amendment, freedom-of-information issues” on their side, Schultz said. “This seems to me completely adversarial, still.”


Jason Schultz Says Action Likely Against Craigslist’s Adult Ads

San Francisco Chronicle, August 29, 2010 by James Temple
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/29/BUGI1F4F9K.DTL

“Eventually we’re going to see something,” said Jason Schultz, assistant professor at the UC Berkeley School of Law. “There has been political pressure building to try to pass new laws or to sue Craigslist criminally.”


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.”