Selling a McLaw: Solomon on Oz

June 28, 2008

In an op-ed post on Blue MauMau, U.S. attorney Richard Solomon presents his extremely important views on the future of Oz franchise law. He speaks with true authority.

The article is called Australian Franchise Law: Assurances of Protection or Just More Christians Thrown to the Lions? and should be nailed to the forehead of everyone who thinks government or the ACCC will do anything other than serve their masters.

Richard starts his summary in his usual, no BS manner:

…Will Australia become a dumping ground for over the hill concepts that can no longer find growth in America? Yes it will in very many cases. Will American franchise companies pre-empt the market, stifling Australian concept creation? Probably. Will the flavors of Australian culture now found in its native small businesses be lost or diluted? Of course. Now aint that a shame?

What about the useless U.S. “protection systems”?

Will the Australian regulatory scheme track the franchisor advantaged regulatory scheme in America? You’re damn right it will. If that is what’s in store for our friends down under, why the hell do it at all?

Isn’t it bad enough that America blindsides its citizens with a pretense of investment protection in the franchise business? Why are the Aussies considering a similar system for themselves? Are they so self loathing that they would consciously set their own people up for investment disaster?

The franchisor lobby will win any battle in the political arena.

When the IFA [International Franchise Association] is finished with the Australian government, it will have either no franchise regulation or it will have regulation so weak as to be a ridiculous charade.

The only power the franchisor lobby fears is digital information sharing because it cannot control its distribution. They use the law (word-, type-based, linear); the fools use the new media: the internet (electric, acoustic, all-at-once)

Power never takes a back step – only in the face of more power. Malcolm X


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