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I'm not sure why you think writing about the balance of interests isn't part of building counter power.

It's more that it's not the right frame because it ignores the elephant in the room. It's the difference between the fantasy of liberal economics and the real world.

A sufficiently interested public will push the legislators. Part of interesting the public is informing them that there is a problem, and that there is even a relatively simple solution.

The public interest route seems both far simpler and more realistic than... I don't even know, what's the alternative here? Some kind of non-profit for public domain advocacy that somehow has a budget to rival Disney, never mind the rest of the interested industries?

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