My solution is for them to not care and let every one have capes if they want. I'd bed my life that there were more people who had the capes mod than ever went to mincon. The people at mine con threw more money at mojag though so forget the people who dont have the money/care to goto minecon.
If Mojang wants Capes to be something rare and unique, then it is their prerogative. Until Minecraft goes open source, Mojang can continue to guide Minecraft into their ideal direction.
i'm talking about non-legit, illegal copies. Which I think can't be done.
Sorry, my brother told me that although I do often see other people's capes, it's because I have optifine installed.
So...I'm not really sure why modding to get them is illegal, or what mojang intends on doing about it.