#jason schultz

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Basketball Jones solicited 50 girls on Instagram

Jason Schultz

37-year-old Jason Schultz is accused of allegedly posing as a 12-year-old boy on Instagramin order to solicit explicit pictures from underage girls in the Saginaw County area of Michigan. He is said to have solicited at least 50 school age girls using the aliases of Saginawbaseball;trevor, tKnightFreeland:Saginaw Baseball, and 23basketballJones23;Knight. Police say that the matter…

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[nyuengelberg]

Authors Guild v. Google: A win for fair use, a worry for the Authors Guild

November 15, 2013

By Jason Schultz

If you’re a fan of libraries, search engines, and new forms of knowledge, today was a good day for you and your fair use rights. After years of litigation, hundreds of court filings, and two failed settlement attempts, Judge Denny Chin finally ruled in favor of Google in its lawsuit with the Authors Guild over book scanning.

Several legal scholars have already commented on the specifics of the ruling, so I won’t repeat their observations here, but this decision has several important implications for the future of technological innovation and the future of digital media:

1. Judges continue to recognize the importance of search for digital media.

As we continue to create and collect more and more digital media, the importance of search increases. It’s no longer feasible to simple store our digital photos, songs, books, or papers in a folder and find them later. Whether the collection is individual, family, educational, or commercial, the highly transformative power of digitizing, indexing, and searching through digital records (including copyrighted works) has become of paramount importance to society. Judge Chin’s ruling is the latest in a long line of cases recognizing this and has solidified the legality of this practice.

2. Copyright owners can’t just cry wolf when someone digitizes their works.

In the past, courts were often sympathetic to copyright owners who sued over digitizing of their works without permission, even if there were other benefits to doing so. For example, in UMG Recordings v. MP3.com, Inc., the court ruled that an online service infringed music copyrights by pre-loading CDs onto its servers to provide streaming access to users who owned the same CDs at home. Despite the societal benefits of the new service (including huge efficiencies for consumers and even a potential increase in music sales for copyright owners), the court assumed that any unauthorized copying was detrimental to the copyright system and therefore had to be illegal.

Judge Chin’s ruling, on the other hand, takes an almost entirely different tack. Rather than eschew technological advances that promote convenience, efficiency, and greater access to copyrighted works, Chin embraces them in his opinion. He appropriately recognizes that fair use, as much as the exclusive rights of a copyright owner, plays a critical role in our copyright system: “to fulfill copyright’s very purpose, ‘[t]o promote the Progress of Science and useful Arts.’” By holding that Google Books advanced the progress of the arts and sciences without adversely impacting the rights of copyright holders, Chin is sending a signal to the copyright owner community that simply claiming copying of your works won’t be enough, especially when those copies are serving important public needs.

***Jason Schultz is an Associate Professor of Clinical Law at NYU School of Law where he is the Director of the Technology Law & Policy Clinic and Co-Director of the Engelberg Center on Innovation Law & Policy.***

[nyuengelberg]

Event: Defensive Patent License Project Lunch Talk

December 18, 2012

The Engelberg Center on Innovation Law & Policy at NYU School of Law proudly presents a lunch discussion with Professor Jason M. Schultz to discuss the Defensive Patent License Project.

The Defensive Patent License (DPL) is a new legal mechanism to protect innovators by networking patents into powerful, mutually-beneficial legal shields that are 100% committed to defending innovation – no bullies, trolls, or other leeches allowed.  It is designed to address the most broken parts of the patent system.  The DPL also helps prevent adversaries from patenting open technologies and pulling them out of the public domain.  It is an open source-style patent license that seeks to promote the use of patents to encourage freedom to innovate & to operate instead of using them to shut down competition, for rent-seeking, or to inhibit access to knowledge.   This approach offers several potential benefits, especially to open innovation communities and/or start-ups: 1) A way to legally bind companies/patents to exclusive defensive use; 2) A way to allow those who are skeptical/critical of the patent system to participate without worry that their innovations will be offensively weaponized; 3) A way to improve prior art by filing defense-oriented patent applications that will preempt future offensive applications; 4) A way to prevent patent trolls from exploiting patents by preemptively committing them to defensive-only use; 5) A way to provide access to a clear collection of patents that anyone can use for free as long as they are also committed todefensive uses. Jason M. Schultz is a Visiting Professor of Clinical Law at NYU School of Law and an Assistant Clinical Professor of Law and Director of the Samuelson Law, Technology & Public Policy Clinic at the UC Berkeley School of Law (Boalt Hall). Before joining the faculty at Berkeley Law, he was a Senior Staff Attorney at the Electronic Frontier Foundation (EFF), one of the leading digital rights groups in the world. Prior to EFF, he practiced intellectual property law at the firm of Fish & Richardson, P.C. and served as a clerk to the Honorable D. Lowell Jensen of the Northern District of California. Lunch will be provided.  Space is limited, so please RSVP by Monday, January 28: http://nyuengelberg.wufoo.com/forms/defensive-patent-license-lunch-talk/ For more details on the DPL: http://defensivepatentlicense.com/ http://www.youtube.com/watch?v=ttB_mjcIKcY http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2040945

[nyuengelberg]

Welcome Jason Schultz

March 18, 2013

Schultz graduated from the University of California, Berkeley, School of Law in 2000, where he managed the Berkeley Technology Law Journal and interned for Senior District Judge Ronald Whyte of the Northern District of California. He then clerked for U.S. District Judge D. Lowell Jensen in Oakland, California before working as an associate for the California offices of Fish & Richardson, P.C. litigating trade secret, patent, copyright and trademark cases for a wide variety of high-tech clients. From 2003 to 2007, Schultz was a senior staff attorney at the Electronic Frontier Foundation (EFF), one of the leading digital rights groups in the world. There he handled numerous high-profile intellectual property and technology matters affecting the public's interests in free expression, fair use, and innovation with an emphasis on issues of copyright law, reverse engineering, digital rights management, and patent law reform. During his time at EFF, he also taught cyberlaw and intellectual property courses as an adjunct lecturer at the University of California, Berkeley, in the Law School and the School of Information.

In 2007, Jason joined the faculty of the University of California, Berkeley, School of Law, where he was an Assistant Clinical Professor of Law as well as the director of the Samuelson Law, Technology & Public Policy Clinic. Jason’s scholarship focuses on the ongoing struggle to balance intellectual property regimes with the public interest in free expression, access to knowledge, and innovation in light of new technologies and the challenges they pose. He also is a regular contributor in the popular press on intellectual property and technology matters. 

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