The mistake is not to employ balancing for copyright law. The mistake is to think that judicial balancing is a valid method for resolving any dispute. Balancing is nothing more than the emperors clothes placed over political choices. Or as one professor of mine put it years ago- some day they are going to let us into the back room where the balancing is done and we will find ourselves knee deep in quarters. Heads I win tails you lose
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Judicial Balancing
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