Is there any chance of legal action? Even if CC couldn't do anything to the people who are making them (assuming these are from overseas) isn't there something that could be done, legally?
doub it....
Unless they are from China were copyright law barely exists, CC should be able too... its more if he can afford too
Under US Copyright and Trademark Laws, CC can sue anybody that makes fake Clacks for copyright infringement and collect money damages, and he can get an injunction barring future sales, and he can get a warrant to confiscate any fake merchandise located within the United States. However, in this situation, Click Clack would have a very hard time finding out whom he should sue, and where they live and/or operate. Copyright and trademark enforcement litigation works very well when trying to combat fake Gucci purses and fake Rolex watches being sold in stores in Chinatown, NYC (and sometimes in Barney's and Bergdorf's too). However, it will be nigh impossible for CC to sue the unknown manufacturers of these fake Clacks, and to confiscate their counterfeit Clacks, since they are most likely located outside of the USA.
Maybe CC will mass-produce them himself, add a maker's mark, and then drop the price. Then at least he's ruined the copyright infringer's market.
Click Clack has already put a maker's mark on all of his Clacks. The problem is that once the market price of a translucent Clack went to $400, counterfeiters had a great incentive to enter the market with fake Clacks. Now we have this problem: Click Clack himself is getting only $25 for a new Clack, while the infringers are getting $400. It is obvious that Click Clack is currently making as many Clacks as he can, given his current amount of resources. The answer is not to flood the market with cheap authentic Clacks, since that is simply not feasible from a production standpoint. The real answer is that Click Clack should start charging much higher prices to capture more of available the market price. That way, CC can invest more money in making new Clacks, and ultimately bring the price back down through economies of scale. I know that profit-making is anathema to CC, but CC if you're reading this, taking profits now is the best way to fight back against counterfeit goods. It may seem counter-intuitive, especially coming from a quasi-Marxist like me, but it really is the best course of action.
So this is maybe not a good deal?
http://geekhack.org/index.php?topic=51135.msg1124187#msg1124187
I guess we have to ask every seller to show the back of the Clack from now on. Also, please refuse to buy fake Clacks. Everybody is a free-actor here, but really you shouldn't buy the fakes, it rewards bad behavior. And it's you the buyer who are ultimately getting ripped off, as I'm sure the quality is not the same as a real Clack. [also you are ripping off CC, but that goes without saying.] Anyway, copyright infringement is theft. There is no excusing it.
My Last Comment: Please be careful with the anti-Korean and anti-Asian comments. I know you guys don't mean to be racist, but it comes out sounding pretty racist. This is not a problem of ethnicity or national origin, it's a problem of capitalism and globalism, and the anonymity afforded by international internet connectivity, and TBH, plain old criminal behavior. The cheaters can operate internationally, but the good guys can only use legal remedies that are effective within the US borders. Outside of the US (and some treaty partner countries), those legal remedies are virtually worthless.
