to "outweigh" this benefit, we are led to conclude that the publishers are entitled to almost any privilege they request. Since the idea of "striking a balance" between publishers and readers denies the readers the primacy they are entitled to, we must reject it. Balancing against what? When the government buys something for the public, it acts on behalf of the public; its responsibility is to obtain the best possible deal -- best for the public, not for the other party in the agreement. For example, when signing contracts with construction companies to build highways, the government aims to spend as little as possible of the public's money. Government agencies use competitive bidding to push the price down. As a practical matter, the price cannot be zero, because contractors will not bid that low. Although not entitled to special consideration, they have the usual rights of citizens in a free society, including the right to refuse disadvantageous contracts; even the lowest bid will be high enough for some contractor to make money. So there is indeed a balance, of a kind. But it is not a deliberate balancing of two interests each with claim to special consideration. It is a balance between a public goal and market forces. The government tries to obtain for the taxpaying motorists the best deal they can get in the context of a free society and a free market. In the copyright bargain, the government spends our freedom instead of our money. Freedom is more