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Copyright law strikes a balance between private rights and public interests. Not everyone likes the balance the law sets. Copyright owners complain that it does not adequately protect them from infringement of their works. Critics contend that copyright law tilts too far in favor of the interests of copyright owners and does not safeguard the rights of consumers. Yet because copyright law is public law-enacted by Congress, enforced where appropriate by the President, and interpreted and applied by the courts-there is plenty of opportunity to monitor the effects of the law and to debate the ways in which it should be reformed. Increasingly, however, copyright law is being privatized. Its meaning and application are determined not by governmental actors but by private parties, and in particular by deep-pocketed copyright owners. Increasingly, the balance between private rights and public interests is set by private lawmaking.

Both Supreme Court justices Antonin Scalia and Clarence Thomas describe themselves as "originalists," meaning that they believe they possess the innate knowledge of exactly what the Founding Fathers intended when they penned the U.S. Constitution. Given such an almost reverent standard it is fair to ask a few questions regarding the Judiciary branch of government which, in my opinion, no longer represents the people of our country. It has become so deeply immersed in right-wing ideology that there is little resemblance to the this branch of government today and when the Founding Fathers established it. Did the Founding Fathers intend that Supreme Court judges sitting on the highest court of the land can decide who the president should be, especially if one of those judges was appointed by the father of one of the complainants? Surely, most of us would agree, that judge should be disqualified from involvement in such an extraordinary decision. Did the Founding Fathers intend that a judge sitting on the highest court of the land to be cozy with incendiary, hate-mongering partisan extremists who make seditious statements for the sole purpose of undermining and subverting democracy? Surely, you would ask, should a judge deciding cases on the Supreme court be colluding and conniving with a Screech Radio insurrectionist who spouts non-stop hatred and incites violence against our president and elected officials? Did the Founding Fathers also intend for the spouse of a sitting Supreme Court justice to be actively fomenting hatred, insurrection and subversion, the sole aim of which is to overthrow, even by armed insurrection, a democratically-elected president and political party? Surely, the Founding Fathers did not intend for that to be an admirable or patriotic role of the spouse of a Supreme Court justice? The solid phalanx of activist, partisan ideologues, Roberts,

As the Occupy Wall Street protests spread from Lower Manhattan to Washington and other cities, the chattering classes keep complaining that the marchers lack a clear message and specific policy prescriptions. The message - and the solutions - should be obvious to anyone who has been paying attention since the economy went into a recession that continues to sock the middle class while the rich have recovered and prospered. The problem is that no one in Washington has been listening.