I received a belated response today to an inquiry I made to Senator Kohl’s Washington Office on the Leahy/Hatch Induce Act (Kohl sits on the Senate Judiciary Committee, which held a hearing on the bill this past July).
The Senator’s thin response leaves me disappointed in several ways:

• Kohl uses the term “piracy” which Hollywood has artfully used to try and kill all fair use rights (except, as the Professor says, the right to hire a lawyer). Let’s think about Wisconsin constituents interests. I can’t imagine a vote for the Hollywood Lobby in any way benefits Badger residents.
• He does not take a position on a bill which would outlaw the iPod and similar music players. I find that strange.
• The Copyright Cartel is going for the big score and trying to ram a copyright reform act through the lame duck Congress. I would like to see the Senator take a citizen friendly position on fair use rights. Perhaps he should try some podcasts…

His letter can be read by clicking the link below.

November 16, 2004
Mr. James Zellmer
Dear Mr. Zellmer:
Thank you for taking the time to get back in touch with me. I appreciate hearing from you. I apologize for the delay in my response, and I would like to take this opportunity to address your concerns.
As you know, S. 2560, the “Inducing Infringement of Copyrights Act” (INDUCE), was introduced by Senators Orrin Hatch (R-UT) and Patrick Leahy (D-VT) on June 22, 2004. This bill addresses growing concerns with piracy and the protection of intellectual property rights. This legislation would target copyright infringement associated with peer to peer software by creating a new offense for intentional inducement to cause copyright infringement.
The INDUCE Act has been referred to the Senate Judiciary Committee, of which I am member. The committee held a hearing on July 22, 2004 entitled, “Protecting Innovation and Art while Preventing Piracy.” After extended negotiations on the bill, a suitable compromise that protected copyright holders, but that did not stifle innovation has not yet been reached. Please be assured, I will keep your views in mind as I work with my colleagues to find a solution to growing concerns about piracy and intellectual property rights while also considering the implications of this legislation on current infringement laws.
Again, thank you for contacting me. I appreciate knowing your views on this important issue.
Sincerely,
Herb Kohl
U.S. Senator
Please do not reply to this message; to make further comments or to find additional information, please visit my web site at http://kohl.senate.gov/.