We don't really want the six factors to be written into the act.
The court is going to apply the six factors no matter what. That's what the Supreme Court looks at and how it analyzes it; it has done that for a long time, and recently, in the CCH case, it codified it. We are concerned about its treatment of those six factors because it doesn't take the market factor very seriously.
We want you to write into the act some sort of language that makes the market primary, or at least a major factor. We would be happy if you would do only that. The court will continue to use the six factors—