Letter from Sen. Orrin Hatch (R-UT) to U.S. Court of Appeals (9th Cir.). Re: A&M Records v. Napster. Date: September 14, 2000. Source: Senate Judiciary Committee. Editor's Notes:  • Tech Law Journal scanned a photocopy of the original, and then converted to HTML.  • The letter was written on the stationary of the Senate Judiciary Committee.  • Copyright Tech Law Journal. All rights reserved.

September 14, 2000

Cathy A. Catterson, Clerk
United States Court of Appeals
     for the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94119-3939

Dear Ms. Catterson:

It has come to my attention that the United States has filed a brief amicus curiae in the matters of A&M Records v. Napster and Jerry Leiber v. Napster, Nos. 00-16401 and 00-16403, purporting to set forth the views of the federal government on the application of, and the congressional intent manifest in enacting, the Audio Home Recording Act of 1992 ("AHRA"). The brief was signed by, among others, representatives of the Copyright Office, an agency of the legislative branch housed in the Library of Congress.

Given the importance of the issues to be decided, I thought it important that the Court be under no misapprehension that the brief necessarily expresses the views of the Congress in this matter. Indeed Congress has recently held hearings into the matter and is engaged in ongoing deliberations about its merits as the events unfold in the emerging online music and entertainment market. I believe these factual predicates should be borne in mind as the brief is considered.

I look forward to your considered decision as we continue to deliberate on these important matters.

OGH:sbb