Berkeley Law - Faculty Profiles
general • courses • teaching evaluations • cv • publications
Jason M. Schultz
Title: Assistant Clinical Professor of Law; Co-Director, Samuelson Law, Technology & Public Policy Clinic
Tel: 510-642-1957
Fax: 510-643-4625
Email Address: jschultz@law.berkeley.edu
Jason M. Schultz is 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 Boalt Hall as a faculty member in the Samuelson Clinic, 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. While a student at Boalt Hall, he managed the Berkeley Technology Law Journal and interned for the Honorable Ronald M. Whyte of the Northern District of California.
At EFF, Schultz 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. Representative cases include DirecTV v. Huynh, 503 F.3d 847 (9th Cir. 2007), Jib Jab v. Ludlow Music, Lenz v. Universal Music, and Chicago Auto Show v. Autoshowshutdown.org. Schultz was also responsible for numerous amicus briefs filed on behalf of EFF and its clients at the Supreme Court and various Federal Courts of Appeal. He also founded EFF's Patent Busting Project, an effort to protect innovation and the public domain by filing reexamination requests at the U.S. Patent Office on overly-broad software and Internet patents. In addition to litigation and counseling, Schultz worked with educators, policy-makers, and industry associations to preserve the proper balance between intellectual property protection and the public interest. He also taught courses in cyberlaw and intellectual property at U.C. Berkeley School of Law and School of Information.
Schultz has presented at dozens of legal and academic conferences and is a regular contributor to news reports on intellectual property and technology matters, including articles in the New York Times, Wall Street Journal, Los Angeles Times, Washington Post, Forbes, Fox News, ABC's Good Morning America, National Public Radio, and other major media outlets. His writing primarily 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. Recent publications include: "'Clues' for Determining Whether Business and Service Innovations are Unpatentable Abstract Ideas" with Pamela Samuelson, 15 Lewis& Clark L. Rev. __(2010) (forthcoming), "Digital Exhaustion" with Aaron Perzanowski, 58 UCLA L. Rev. __ (2010) (forthcoming), "Should Copyright Owners Have to Give Notice about Their Use of Technical Protection Measures?" with Pamela Samuelson, 6 J. on Telecomm.& High Tech. L. 41 (2007), "Protecting Traditional Knowledge and Expanding Access to Scientific Data: Juxtaposing Intellectual Property Agendas via Some Rights Reserved" Model with Eric Kansa and Ahrash Bissel, 12 Int'lJ. of Cultural Property 285 (2005), "The False Origins of the Induce Act", 32 N. Kentucky L. Rev. 527 (2005), and "Neglecting the National Memory: How Copyright Terms Extensions Compromise the Development of Digital Archives" with Deirdre K. Mulligan, 4 J. App. Prac.& Process 451 (2002).