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Faking a Company

Posted by CowboyNeal on Fri Apr 28, 2006 05:43 AM
from the just-like-the-real-thing dept.
gambit3 writes "What happens when pirating a movie, an application, or a game is not enough for you? Well, you take the next step and pirate a whole company. It happened to Japanese electronics giant NEC. Counterfeiters had set up what amounted to a parallel NEC brand with links to a network of more than 50 electronics factories in China, Hong Kong and Taiwan."
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  • by Oldsmobile (930596) on Friday April 28 2006, @05:48AM (#15219591) Journal
    All I can say is, wow, that is incredibly cool! What moxy! What an idea!

    These guys should get a criminal Nobel or something!
    • by squiggleslash (241428) on Friday April 28 2006, @07:06AM (#15219855) Homepage Journal
      You may feel that's the case. I'm baffled by it, to be honest.

      There are a lot of "counterfieting" operations where the work involved makes you wonder why they didn't go legit. People selling "fake" iPod Shuffles, for instance, that actually work, they're just not real shuffles. Someone's taken the time and trouble to organize the manufacturing of this item, including a certain amount of R&D, for a working product. And then they proceed to spoil the entire enterprise by putting someone's else's name on it, meaning:

      - they can't sell via legitimate distributors
      - they can't get funding except from organized crime.
      - they have to do business constantly looking over their shoulders.

      Now, we're talking about creating a massive corporation. This solves the first part of the problem, but suddenly introduces brand new ones. We're no longer talking about a one-off production run of something that, once off loaded onto distributors, can be treated as a job done and, as time goes on with no knock on the door, a success that doesn't have to be worried about. We're talking about a business where you're guaranteed to get caught eventually. Your risks just went up massively. Even organized crime is going to be careful dealing with you. On top of this, you need the organizational ability and resources to hire a hell of a lot more people, which is going to be difficult to do if you either have to fool everyone in the organization that you're legit, or you limit yourself to a pool of people who don't really care about the almost certainty they'll end up in prison at the end of the game.

      What the hell? If you're that skilled in business, why knock off NEC? Why not start something legitimate? Yeah, NEC's an established brand, but, c'mon!

      • The reasons you mentioned are why it doesn't happen that often (probably).

        The advantages are now need for marketing, a well built up brand, and not having to provide warranties or support.
      • Quite simple (Score:5, Insightful)

        by Oldsmobile (930596) on Friday April 28 2006, @07:18AM (#15219894) Journal
        It is quite simple compare business case number 1:

        1) Buy generic mp3 player innards off general market for next to nothing
        2) Wrap iPod shuffle lookalike plastic
        3) Sell as iPod
        4) Profit

        Compare with business case number 2:

        1) Buy generic mp3 player innards off general market for next to nothing
        2) Pay designer to design a cool funky faux iPodesque white plastic exterior
        3) Pay huge international marketing firm to make worldwide humongously expensive marketing campaign
        4) Rummage through garbage for scraps of food, use cardboard for shelter
        • Re:Quite simple (Score:5, Insightful)

          by squiggleslash (241428) on Friday April 28 2006, @07:32AM (#15219941) Homepage Journal
          You're forgetting a number of steps that I specifically mentioned in my write up:
          1) Buy generic mp3 player innards off general market for next to nothing
          2) Wrap iPod shuffle lookalike plastic
          3) Sell as iPod
          4) Profit
          Let's insert 0) Raise money for (1) and (2), from investors who need a rough idea of what you're doing. This limits you to organized crime. Congratulations.

          Between 2) and 3) you need to insert "2.5) Find distributors for a product who know you're not Apple but will be selling a product branded as Apple, therefore putting themselves at risks of lawsuits. This limits you to organized crime, and they'll be demanding a high margin on the products. Which they'll be selling discounted anyway. Congratulations.

          4) needs to be replaced with "Get some money, pay back your investors, and hope you're not caught"

          So: to recap: you're having to get your money from people who'll kneecap you if you don't pay it back. Despite the high price of the legit product, you'll be making a tiny margin, if one at all, because you're selling to distributors who will be taking a massive risk and will want to be compensated for it and who don't want to sell for the same price as the legit product, you're restricted in terms of the number of sales anyway. Where's the profit?

          Your second example, of the legitimate company, is absolutely laughable. Have you seen Apple's profits lately?

          • Who's raising money? You don't need to. The factory and the suppliers give you credit. You don't need to put any money into R&D (or at least not much) and you're not putting any money into branding or advertising.

            You're not selling in the US. There's no threat of lawsuits really. Maybe, possibly, the goods might get confiscated but the odds are highly against it.

            It's an easy way to make a buck and it's been going on in the Far East for at least the last 50 years. Counterfeit products are big busin
            • The people that do this ARE organized crime. John Smith, engineering degree from XYZ college, who has a wife and three kids and used to work salary for a legit business doesn't wake up one morning and start a business like this.

              No, its Joey Fishhooks who starts this sort of thing. He's already organized crime, and he doesn't bat an eye at dealing with that crowd.


              Maybe there's some crossovers:
              John Smith, with engineering degree from top-ranked XYZ University, works salary for a legit business. One m
  • ... so why does NEC seem so upset?
  • by DJ Rubbie (621940) on Friday April 28 2006, @05:59AM (#15219627) Homepage Journal
    This is not supposed to be called piracy of a company, it's a trademark violation, unauthorized and fraudulant usage of the NEC trademark. The affected factories claims that they have papers to prove that they were licensed to manufacturer the goods, but the papers were faked, which is considered fraud. The term 'piracy' has been utterly bastardized and overused already, please be more specific.
  • by arivanov (12034) on Friday April 28 2006, @05:59AM (#15219628) Homepage
    Well... The ad on the article says it all:

    • Product Sourcing
      Buy Risk Free From China IVELL - Global product sourcing
      www.ivell.com
    and

    • Quality Manufacturing
      Plastic, electronics and metal UK Management, Chinese Factory
      www.motiontouch.com

    More Questions anyone?

  • by bobamu (943639) on Friday April 28 2006, @06:11AM (#15219664)
    I was looking at a chinese electronics manufacturers page some time ago, and they had a bulletin board.

    One of the posts effectively consisted of "Can you make me some tv's branded panasonic and send them to north africa"

    Tip of the iceberg, perhaps.
  • Why target NEC? (Score:3, Insightful)

    by antifoidulus (807088) on Friday April 28 2006, @06:14AM (#15219675) Homepage Journal
    Why did they go through all the motions of creating a distribution network but only pretend to be one company? And why NEC? NEC isn't really much of a player anymore in the consumer world, they are more into industrial grade manufacture and IT consulting. They still do make consumer electronics, but they hardly seem to be the companies bread and butter anymore. Nor are they dominant in the field, TFA goes on to say that some of the products weren't even close to anything NEC currently makes. Why not also claim to be Philips or Sony or Samsung?
  • Hi, Bill Gates here. I'd like you to visit my new site:

    http://www.m1cr0s0ft.com/ [m1cr0s0ft.com]

  • This is exactly what Microsoft did to IBM's PC software division in the 80's!

    I always knew there was *something* underhanded there, but couldn't put my finger on it.... ^_^ Contract, schwantract.... No company, not even IBM, could have been that stupid. It was all just "Corporation Piracy".

    It all makes sense... DOS, CP/M, and, of course, once MS had made enough money from the theft they started taking less and less of IBM's assest - with the last partial theft in the Windows 95 + OS/2 Warp releases... from there, Microsoft could just keep heaping "original" code onto the DOS codebase it secreted away.

    Ahhh, all is right in the world when everything finally falls into place!

    (Disclaimer: This is a joke. Sarcasm. Humor, people. We all know the real facts..... or do we???)
  • by mustafap (452510) on Friday April 28 2006, @06:18AM (#15219690)
    I've been faking being an employee for years :o)
  • Neat! (Score:3, Interesting)

    by mano_k (588614) on Friday April 28 2006, @06:32AM (#15219745) Homepage

    And I thought the guys who claimed to work for the railway company and started removing the rails of an abandoned line not far from where I livedhad been something!

    The hired local companies for transport and even distributed leaflets to the people in the neighbarhood informing them of the upcomming works! They made some money from the scrap iron before anybody noticed!

  • by Anonymous Coward on Friday April 28 2006, @06:33AM (#15219750)
    How do we know the reporters were getting comments from the real NEC executives?
  • MP3 Players, too (Score:4, Interesting)

    by Killshot (724273) on Friday April 28 2006, @06:39AM (#15219768) Homepage
    An aquaintance recently went to China to visit a factory that makes the sony bean mp3 players. They told him they could make the players for him and just leave the sony logo off it. He then plans to sell them on ebay.

    I tried to explain how bad an idea this was and how there are so many other legal ways to invest your money, but he wouldnt hear it.
    • by Rolo Tomasi (538414) on Friday April 28 2006, @08:52AM (#15220391) Homepage Journal
      You mean like Sony buying LiteOn Optical drives, putting their logo on them and changing the firmware to report 'Sony' instead of 'LiteOn'?

      Or like virtually every notebook manufacturer (including Apple), assembling their notebooks out of Chinese OEM parts?

      Do you know why Chinese 'piracy' is so rampant? Because all the products are made in China anyway. One factory produces the 'brand' product during the day and the 'pirate' product after-hours. Of course they're completely identical.

      I mean think about it, if you were a Chinese company manufacturing electronics, and you see how the stuff you design and produce is sold for ten times the price that brand X pays you in the West, you'd start to wonder a bit too.

      If the products were designed and produced in the 'West', this would be much more difficult. But the corporations don't care. They still make a huge profit by sticking their brand name on Chinese stuff and selling it for a huge markup.
  • by Arcturax (454188) on Friday April 28 2006, @06:40AM (#15219769)
    So there is a use for the MikeRoweSoft name after all!
  • by tddoog (900095) on Friday April 28 2006, @06:46AM (#15219789)
    This pirated company built existing and new products and business relationships. What if the fake company became more successful?

    Just a thought. Seriously though, if I was NEC, I would try and by up the fake company and continue to operate it. you could probably get it for pennies on the dollar and you already have trained employees.

  • by RubberDogBone (851604) * on Friday April 28 2006, @07:06AM (#15219856)
    I'm a fan of NEC's burners and happily recommend the brand to my friends. Good stuff.

    One of these friends said "Wow, I am sure am glad I get my NEC stuff from a reputable online dealer, like Newegg!"

    My question is, where'd Newegg get these drives? Did their distributor vouch for the goods? How about their distributor's distributor or the originating factory?

    When somebody up the chain said "I _KNOW_ these are good drives" and vouched for them, then that product carried that credential all the way to the end users and that's what we're trusting. But we don't know, really.

    "It came from Newegg" might be nice sentiment but Newegg probably has no idea if they were selling fakes or not. I don't think they would knowingly do so, of course. That kind of cheap money is not worth the hassle with an IPO in the works.
    • Counterfeit goods are more likely to show up at retailers that don't buy from authorized distributors. The companies that specialize in inventory liquidations, overruns, excess inventory, etc. They can be fooled by a smooth salesman with a genuine-looking product at an attractive price. Some don't need to be fooled. They know they are selling counterfeit merchandise and do not care.
  • This article has the            ere is no need to
    most hard to read               create a stupid column
    format for the text             based layout. These
    I have ever seen. The           guys should be shot.
    web != the newspaper, th-
    • I strongly disagree.

      The International Herald Tribune has had this layout for several years and were pretty early adopters of using dhtml to allow the readers to save articles and also modify the size and format of article text.

      Anyway, the wide 3-column format usually allows for much more text than the traditional one-column variant, at least with the wide margin that the latter comes with.
  • And look, there's Magnetbox and Sorny.
  • by Yewbert (708667) on Friday April 28 2006, @07:35AM (#15219950)
    ...there's a place near here that's doing the same thing with a whole industry/product line - couterfeit food. Luckily, they're easy to spot, all being labelled with a big bright yellow M,...
  • by Aim Here (765712) on Friday April 28 2006, @07:48AM (#15220014)
    Of course, once this 'faked company' meme has taken hold, the multinationals will exploit it to the full by making sure all their outsourced third world factories and production centres can be turned into 'pirate' factories at short notice:

    Bleeding heart liberal type: You're running sweatshops and paying 12 year olds 10 cents for an 18 hour working day! You're pumping toxic chemicals into the drinking water supply! You're making defective products that explode and kill people! You bribe politicians!
    Your factories are run by fascist thugs who hire death squads to kill union organisers! And we have proof this time! You're going to jail at long last!

    CEO of MegaCorp, your friendly neighbourhood planet-raping multinational: Errr umm ... that's not us! Yeah, that's it! They're a bunch of pirates who made a fake MegaCorp factory! We've never seen those guys in our lives! Officer! Arrest that factory! Secretary - type me up a shoddy-looking forgery of our licensing agreement. "Fake" factory workers - You're all fired! Back to unemployment and poverty for you!

    Third World Workers: Sigh. Shafted again...
  • by puzzled (12525) on Friday April 28 2006, @07:53AM (#15220043) Journal


        A WIC-1DSU-T1-V2 is $1,000 list, $700 or so to a small reseller in distribution, and $400 for a clean used unit from a reliable aftermarket dealer. Go look for that part number on Ebay and check out how new boxed product is 15% of list price ... this stuff is everywhere and it basically drove me out of the Cisco aftermarket.
  • The Yes Men (Score:3, Interesting)

    by Brackney (257949) on Friday April 28 2006, @08:26AM (#15220220)
    This is news? The Yes Men have been doing this for a long time. http://www.theyesmen.org/ [theyesmen.org] Pure genius. :)
  • by doesnothingwell (945891) on Friday April 28 2006, @08:28AM (#15220234)
    A close relative told me the company he works for has an a little secret that no one talks about. Seems after setting up a partnership with a chinese company to outsorce production (eliminate local jobs) they went to china to further the deal. Production lines were seen, hands shaken, and everthing was going along nicely. Before getting on the planes to go home someone had to return to the "factory" for something they forgot. It sould seem that thieves had made off with the workers and were taking down the "factory". I don't think the theives got too much money, but today no one at X corp. will mentions foreign investment without a quick look and a cautionary tale. Probably just a story told by the middle management to explain a lack of ambition, maybe. Ahh capitalism... don't ya just love the smell?
  • by Maljin Jolt (746064) on Friday April 28 2006, @08:42AM (#15220335) Journal
    In China, they have a fake Slashdot, see slashdot.cn [slashdot.cn], registered to jesse.webmaster@gmail.com. The website even keeps crashing my firefox-1.5.0.2 on linux box.
  • by TheWizardTim (599546) on Friday April 28 2006, @09:12AM (#15220552) Journal
    That's nothing, right now we have a dictator faking a democracy in the US. Beat that pirates!
  • by Intron (870560) on Friday April 28 2006, @09:14AM (#15220568)
    Use javascript to prevent copy/pasting your article to /.
  • If only (Score:3, Funny)

    by soft_guy (534437) on Friday April 28 2006, @10:37AM (#15221313)
    If only you could get someone to pirate just the technical support part of your company!
    • Some guy with a garbage bag of Sunglasses and Watches is a bit different then a company manufactoring goods on a massive scale and selling them in stores?

      You know the guy with a garbage bag of the product is bullshitting you. But what if it was in the Sunglass Hut (tm) ?
      • by Cyvros (962269) on Friday April 28 2006, @06:08AM (#15219652)
        Exactly. This was a very well-coordinated and well-conceived plan, not something down in the backyard. This was done in the open with, as the article noted, "official-looking documents", passes, ID cards, etcetera.

        This is just taking piracy to new levels. This would have taken a lot of effort, but I'm sure that it would be increasingly commonplace in years and decades to come.

        As a few people have said, slapping a bodge label on a bodge product in a bodge market is something, but producing decent-quality products, as the article infers, in proper factories and sold in proper shops and retail outlets is another.

        • by aaronl (43811) on Friday April 28 2006, @06:48AM (#15219801) Homepage
          So... these people set up a company, did legitimate business, developed products, shipped and sold products. They did everything any other company does, except come up with their own name and logo.

          Perhaps these "official-looking documents", passes, ID cards, etcetera, *were* official. Perhaps they were just issued by the bizzaro-NEC that was stepping on the real NEC's name. That's could still be nothing more than trademark infringment.

          There is nothing here that even resembles piracy, or copyright infringment, or theft. These people used the NEC mark, and the real NEC is pissed. These guys were able to exploit the ease with which NEC could close business deals for manufacturing, or marketing a product. They have been riding in on the coattails of a large company with an established brand *by infringing their trademark*.
          • If someone comes from NEC and places a large order, and pays, what are you going to do? Ring up the national NEC number, and query it? Look for their picture on the website?

            Why would you even question it, unless they came of rather dodgey.
    • No... this kind of thing almost never happens.

      Usually fakers just do what you said - use the name. They don't set up an entire outsourced manufacturing base with a global distribution arm reaching as far as Africa and the EU.
    • by absent_speaker (905145) on Friday April 28 2006, @06:04AM (#15219641)
      Not quite. While Oakleys, Rolexis and other knock-offs have been manufactured for a while, this is a whole different ball game. These individuals actually lease property, negociate with suppliers and establish sales relationships in the name of NEC. They do all this under the flag of the firm's proper brand name, not some mispelling. Those are two very different scenarios. It's kind of a neat scam. It will probably inspire con-artists everywhere to try something similar. I could just imagine someone faking Hilton. They could order a large quantity of samples from a few suppliers - and pay upfront for the samples to build trust. The scammer later says they love the product and then order 5 cargo containers from each supplier on 30 days credit terms with a forged letter of credit. And then Bam! They disappear with a few million in goods to never appear again.
    • by myxiplx (906307) on Friday April 28 2006, @06:09AM (#15219653)
      Read the article. They're not talking about putting a NEC brand on one or two shoddy items. They're talking about setting up a company and pirating the entire NEC image.

      They were placing orders with factories using the NEC name. They commissioned R&D, their factories had NEC signs on the outside. They even designed and built their own products.

      This is a huge step from the guy selling Oakley sunglasses. By faking the company and not just the product they were able to get their goods sold in legitimate outlets, right alongside genuine NEC products.

      When you start to think about it, the scheme works on so many levels. Ordinarily you run a huge risk to create a factory producing fake goods and everybody in the factory shares that risk. That means it's massively expensive to set up and run, your staff are sub-standard and there's always the risk of blackmail. By creating a fake parent company and just ordering the goods from 'legitimate' factories, they bypassed all these problems. You've now got good cheap staff, proper management, and all in all a far more efficient service.

      Even better, now the police can't prosecute these factories for producing the goods since they've done nothing wrong - they've just fulfilled orders as normal. Of course they'll have to stop production and will have their goods confiscated, but their insurance will cover that... The police have no choice but to go for the parent company. Fair enough you've now got to collapse that side of the operation but you've got nowhere near the costs. A few staff, some nice headed paper... sure beats loosing a factory.

      Plus, you're no longer selling cheap pirated goods on the street. Instead you're able to charge full retail price.

      In one fell swoop they've cut the costs of producing goods, made production more efficient, sold them at a higher price, and managed to legally insure the vast majority of their pirate production line against the risk of getting caught.

      Genius, sheer genius. Yes it's illegal, but you can't help but be impressed. Somebody somewhere deserves serious Kudos for coming up with this.
          • The FA actually implied that some of the products being sold were knock-offs of legitimate NEC products. So can we quit the "There's no piracy here" meme? Copyright infringement...

            Copyright law doesn't generally apply to products. At most it may apply to artistic, non-functional aspects of the exterior design, but even that's rare. Note the number of iPod knock-offs that look just like an iPod, except they have to use a different input mechanism because the iPod wheel controller is patented. And they

    • by Tx (96709) on Friday April 28 2006, @06:03AM (#15219639) Journal
      Did they pretend to be NEC in wholesale deals with other businessmen and the other businessmen did not they were dealing with them? I did not find it in TA.

      Only because you didn't READ IT.

      These records showed that the counterfeiters carried NEC business cards, commissioned product research and development in the company's name and signed production and supply orders.

      Some of the factories that were raided had erected bogus NEC signs and shipped their products packaged in authentic looking boxes and display cases.

      etc, etc
    • . To fake the company, one needs to fake offices, for starters, so people can walk up to the office with sign "NEC" on it without knowing.

      TFA:

      ...the counterfeiters carried NEC business cards, commissioned product research and development in the company's name and signed production and supply orders.

      He said they also required factories to pay royalties for "licensed" products and issued official-looking warranty and service documents.

      Some of the factories that were raided had erected bogus NEC signs and ship