I wrote last time about the concept that Goldman is employing:  “all that is not illegal is permissible”.

When they say they did nothing wrong, they mean they did nothing illegal.

If some judge finds that what they did IS illegal, they will find another judge.  If all judges find what they did was illegal, they will make new laws.  If that doesn’t work, they will simply re-organize under some other legal structure and continue to do what they wanted in the first place.

So……how do you win a game?

I assure you it is not by being the best at something.  Hard work is a VERY difficult way to win.  It is a high effort strategy that, in real life, doesn’t often work.

Why can’t you win by being the best and working hard?

Because the rules change (and there is always some fool out there willing to work harder).

In sports, the rules stay mostly the same; the game is defined.  We enjoy the fairness; we scream when the rules (which are limited since the game is well-defined) are broken.

In life, the rules can change; the game can change.  There is no “score”, no tidy buzzer at the end that tells you when its done.  Those who win are those who make the rules.

Goldman can use its influence, its special knowledge, and its money….to make the rules or change them if needed.  They don’t break the law because they make the law.

When I was in business school I was taught attractive industries are those with high barriers to entry.

Here is how you make your industry attractive:   bend the rules in your favor.

Capitalism in the United States is not about competition and free markets.  It is about manipulating the rules of the game in your favor.  That is the easiest way to win any game.  It doesn’t require nearly as much hard work and is a much better guarantee of success.

Think about it:  How can you win long term if there is a level playing field?  The best strategy is to un-level the playing field….not to work harder.  If your long term strategy is working harder, you won’t be on top long…there is always some idiot out there willing to work harder.  If your long term strategy is hard work, you will kill yourself doing it.

I think Goldman’s strategy is simply how capitalism in the US works:  its a plutocracy.  The rich are bending the rules to make sure they stay rich.  The rich are largely smart, and we are busy working hard, so we don’t realize the bait and switch.

I remember the story of Mickey Mouse from business school.  Whenever the early Mickey Mouse movies get close to lapsing their copyright and entering the public domain, Disney simply gets the law changed to extend the copyright.

The pharmaceutical industry peddles treatments that work better than placebos….the treatments don’t have to work better than sunshine, getting friends, eating healthy, taking vitamins, exercising, etc….and often they don’t, but they can’t sell or patent exercise.

They even invent new diseases to match “cures” they have found (had you heard of erectile dysfunction before Viagra?).   You rig the game.  If you can “cure” erectile dysfunction, then you need to make it a disease.  Shyness is a disease now too (social anxiety disorder).

In short, the patent system CREATES the current pharma industry.  The industry manipulates those rules to protect their profits; they don’t want free markets.  Its much more profitable to define diseases or massage the drug approval process regulations.

Also, no business wants free markets……they want free markets when it suits them…and then closed markets when it doesn’t. The patent system creates a closed market; that’s good for copyright holders.

Multi-national corporations (who are also quite well-connected and resourced) want free trade…because it allows them to move goods and labor unfettered.  The only group you can bet for sure will benefit from that arrangement…is the multi-nationals themselves.

Who do you think writes these laws?  The industry almost HAS to write them; because they are the only ones with enough expertise to do so.  Would you want some blowhard politician writing laws about an industry they have never even worked in?  The industry groups draft the laws and try to get the politicians to sponsor them.

Banking is the ultimate special privilege industry:  It gets to create money…and he who creates the money, makes the rules.

If you’re looking for a lesson in my rambling here it is this:   The winners make rules.  Everyone else whines about working hard.

If you beat me 100 to 2 in basketball and I re-define winning as having the lowest score….then I win.  It doesn’t matter how good you are.

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