Jason Schultz

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“The system is outdated,” said Jason Schultz….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.