Federalist #43 (Madison), the first and second paragraph. When I referred to “balance” I had in mind this sentence: “The public good fully coincides in both cases with the claims of individuals.” What do you think he means by that?

In this context, one might also look at Madison’s letter to Jefferson (July 31, 1788), which is also about the copyright and patent clause :

“With regard to monopolies they are justly classed among the greatest nusances in Government. But is it clear that as encouragements to literary works and ingenious discoveries, they are not too valuable to be wholly renounced? Would it not suffice to reserve in all cases a right to the Public to abolish the privilege at a price to be specified in the grant of it? Is there not also infinitely less danger of this abuse in our Governments, than in most others? Monopolies are sacrifices of the many to the few. Where the power is in the few it is natural for them to sacrifice the many to their own partialities and corruptions.”

what do you think he means by that?

I’d ask the executive director of PK about straw men; her press release on this reinvents the summit as one. She frequently boasts on her blog and in public fora about how she has numerous friends in the White House and across the Administration, and they love to have her in to chat and eagerly take her calls; PK is hardly hurting for access!

The Vice President called a summit seeking input on how to increase copyright enforcement. He has studied the issue for more years than most PK supporters have been alive. He feels strongly that there is a dearth of copyright enforcement domestically and abroad, and that this lack of enforcement of creators’ rights significantly undermines creativity, U.S. employment and our economy. Other Administration officials, including Ambassador Ron Kirk and Commerce Secretary Gary Locke, repeatedly make the same argument. Some of us happen to agree with them.

Had the summit been about whether increased enforcement was needed, that likely would have drawn a different crowd. It’s understandable why PK was upset at the summit, because the folks at PK disagree with its very premise, that more copyright enforcement is needed. I’m sure they convey their own message to the Administration in all those chats they boast about.

Let me note that I take great offense at the language you quote from PK. She is accusing the Obama Administration of wishing to pursue “Draconian” policies; speaking of substance, she should demonstrate what she means with such a strong denunciation of White House leadership. It is also offensive to refer to the many union workers represented at the summit, and the many individual creators and contributors to creative efforts (make-up artists, set carpenters, etc.) also represented by their employers at the summit, as a “privileged special interest group.” The artists and creators I know hardly feel privileged, when so little is done to enforce their rights online; more than 11,000 said so when they signed a letter to President Obama and Vice President Biden on our site. How dare PK demonize hard-working American artists and creators. But it’s the end of the year, and PK needs to work folks up to get more donations; creating FUD is one way to do that.

I’d suggest that rather than paraphrasing Madison, you go read his actual language in the Federalist Papers. Given his wisdom on copyright, I’d have been happy to have had him at the summit, were he still with us. At least the U.S. Copyright Office — a strong defender of the rights of “authors,” as the Founding Fathers referred to artists and creators — is housed in a building that bears Madison’s name.

“No consumer or public-interest groups, technology companies, technology associations or Internet Service Providers are on the guest list. No one who questions the need for Draconian governmental policies on behalf of the privileged special interest group for whom this meeting is being held is on the guest list. ”

Madison said that the beauty and power of the copyright clause lay in its perfect balancing of public and private interests. This meeting sounds more like a lovefest of unbalancing against the public interest. Persons who are serious about copyright do well to /think/ about this issue, not wave it away with strawmen and cheerleading for one side.

The Vice President has been specifically tasked by President Obama to focus on job creation and preservation, as I’m sure you know. His event fit that mission perfectly.

I will decline to comment on the idea of Professor Lessig as VP, as fun as that would be to address.

You can bet the outcry would be heard to the ends of the earth.