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Amazon Finally Admitted To Investors That It Has a Counterfeit Problem (qz.com)

Amazon has for the first time acknowledged sales of counterfeits and pirated items as a risk in its annual earnings report to investors and the U.S. SEC. "Some third-party sellers have been using the reach of Amazon's marketplace as an opportunity to sell counterfeit and pirated items," reports Quartz. "The pressure on the company has been growing as brands such as Birkenstock and Mercedes Benz have lambasted it for not being able to control the problem." From the report: Under the section of "risk factors" to the business, Amazon says it "could be liable" for the activities of its sellers, and explains: "Under our seller programs, we may be unable to prevent sellers from collecting payments, fraudulently or otherwise, when buyers never receive the products they ordered or when the products received are materially different from the sellers' descriptions. We also may be unable to prevent sellers in our stores or through other stores from selling unlawful, counterfeit, pirated, or stolen goods, selling goods in an unlawful or unethical manner, violating the proprietary rights of others, or otherwise violating our policies. Under our A2Z Guarantee, we reimburse buyers for payments up to certain limits in these situations, and as our third-party seller sales grow, the cost of this program will increase and could negatively affect our operating results. In addition, to the extent any of this occurs, it could harm our business or damage our reputation and we could face civil or criminal liability for unlawful activities by our sellers."

58 of 97 comments (clear)

  1. less "marketplace" more "retailer" by magarity · · Score: 2

    they're just going to have to bite the bullet on maintaining and selling their own inventory and be less wild west "marketplace".

    1. Re:less "marketplace" more "retailer" by Anonymous Coward · · Score: 1

      They maintained the "wild west" for the purpose of forcing retailers into exclusively lucrative "% off the top" contracts for them to make any effort combating counterfeits. Amazon is complicit in counterfeiting. I bet there are emails.

  2. Bigger risk, drop in sales by SuperKendall · · Score: 1

    Because of widespread counterfeiting on Amazon there are some things I am very reluctant to buy anymore from Amazon, like cables... I would either buy them from NewEgg or directly from the manufacturer (I am really hoping NewEgg does not have a similar issue here).

    I would think there would be a very real risk that Amazon sales would decline if people found they could not trust Amazon to deliver the real product they thought they were ordering. Given how widespread and accurate fashion fakes are getting, would anyone order a designer purse from Amazon? Or specific clothing brands?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re: Bigger risk, drop in sales by KixWooder · · Score: 1

      Some counterfeit stuff is crap. I had a phone case from a well known brand that fell apart in a matter of weeks; it of course was counterfeit. Bought a genuine one after and it lasted the three years I kept my phone.

      --
      I hate fat people.
    2. Re:Bigger risk, drop in sales by Anonymous Coward · · Score: 1

      No, they're very often substandard products. Even if a particular product is made during an "extra shift" in the same factory, it's not quality controlled and is made with materials from the beginning or end of a batch, which are normally discarded due to insufficient quality, or with fake components. Fake fragrances often contain hazardous chemicals. Fake machine parts are usually not made from the same grade materials and/or not to the required tolerances. Some people don't mind and buy the cheap knockoffs, because they're cheaper. If you don't mind paying full price for fake products, you're an idiot.

    3. Re:Bigger risk, drop in sales by 110010001000 · · Score: 1

      Not in my experience. Go order a pair of athletic shoes on Aliexpress and tell me how the are any different than the ones sold in the stores. Same thing with purses. It costs $8 to make a pair of shoes that you pay $120 for.

    4. Re:Bigger risk, drop in sales by 110010001000 · · Score: 1

      I don't know. Is your $800 purse waterproof? What information do you need? It is a purse, identical in every way to the "genuine" one.

    5. Re: Bigger risk, drop in sales by 110010001000 · · Score: 1

      I've have genuine cases fall apart in a matter of weeks too. It is all just junk from China.

    6. Re:Bigger risk, drop in sales by Shadow+of+Eternity · · Score: 4, Informative

      It's already worse than you think. Amazon mingles inventories, so you can pay the premium to order a legit product from a legitimate seller and still get a cheap chinese knockoff.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    7. Re: Bigger risk, drop in sales by Nidi62 · · Score: 1

      Those Chinese factories literally have storefronts you can go into and they have knockoffs made on extra shifts. I know a guy that goes out to Shanghai about once a month and buys stuff from them all the time. Exact same quality as the "real" stuff.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    8. Re:Bigger risk, drop in sales by eagle52997 · · Score: 1

      Monoprice has always been my go-to when I just need cables.

    9. Re: Bigger risk, drop in sales by rtb61 · · Score: 1

      It is the consumers who are idiots, stop buying crap quality branded stuff. Don't be a victim of marketing and wander around the place advertising product, you look the fool and not cool at all.

      --
      Chaos - everything, everywhere, everywhen
    10. Re: Bigger risk, drop in sales by mrfaithful · · Score: 1

      I'm not saying you're wrong, I have no evidence, but I'm just reminded of the counterfeit Cisco hardware. It was made in the same factory by the same workers, but they used whatever they had, not what went into the real thing. The cheap knockoff simply wasn't as good as the real thing.

      I'm just thinking it's far easier for slashdotters to spot different capacitors and such than identifying poor quality leather or stitching.

    11. Re:Bigger risk, drop in sales by Impy+the+Impiuos+Imp · · Score: 1

      By contract they are not supposed to run off unauthorized copies (often using inferior materials) on assembly lines the company installs.

      While some things can be dangerous, it's also about cheating the system.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    12. Re:Bigger risk, drop in sales by omnichad · · Score: 1

      And even then, what you received is probably not what you ordered due to comingling of seller inventory with the same ASIN. And what Amazon shipped may not have originated with the specific seller you bought from, but the seller lost the money on the sale anyway.

    13. Re: Bigger risk, drop in sales by omnichad · · Score: 1

      Maybe it's extra shifts, maybe some are rejects from the main shifts. But elsewhere you can find other counterfeiters copying the same style with cheaper materials and build quality and undercutting the "genuine" counterfeits on price. You have to really know what you're doing to know what you get.

    14. Re: Bigger risk, drop in sales by omnichad · · Score: 1

      It's not easy. Even just a simple polo shirt. I hate wearing branded merchandise, but I'm limited to a few brands because all the rest have stitched or embossed logos. And I can't always get the quality I want, either.

      When it comes to shoes, I actually want to wear New Balance for comfort but I won't because of their giant branding. Partly because I wear them to work and want to look semi-professional without wearing dressier shoes that are terrible for your feet.

    15. Re:Bigger risk, drop in sales by omnichad · · Score: 1

      If you're already ordering from Amazon for Prime, you'd know how easy it is to return. You're just at the mercy of Amazon not shutting down your account for too many returns instead of shutting down the bad sellers.

    16. Re:Bigger risk, drop in sales by omnichad · · Score: 1

      As a tech company, they should have seen it as an attack vector a mile away.

    17. Re:Bigger risk, drop in sales by omnichad · · Score: 2

      They're good, but if you want to actually get close to the advertised price you need to order $100+ of merchandise because of their high shipping. I know that's because they don't build the shipping cost into the price and I love and respect that. I can buy a 10-pack of 7-foot ethernet cables for less than $15 and both make $9.99 per cable and undercut Wal-Mart/Best Buy/Office Depot.

    18. Re: Bigger risk, drop in sales by bebilith · · Score: 1

      Except the fake ones covering comes unstuck a week after you get it.

      Or the covering starts scuffing after one use.

      Where the genuine one will still look perfect after years of use.

      If your buying something that you know is a fake for fake prices, this isnâ(TM)t an issue.

      If you are buying something that claims to be genuine for close to genuine prices, itâ(TM)s a massive issue

    19. Re:Bigger risk, drop in sales by shess · · Score: 1

      If you received fake you can return it. But how many people do that?

      I got a fake and tried to engage with the brand. I managed it, but it took them so long that I could no longer return the item ... and then the contact at the brand stopped responding, so I get to keep it!

    20. Re:Bigger risk, drop in sales by pnutjam · · Score: 1

      always go monoprice for cables.

    21. Re:Bigger risk, drop in sales by Shadow+of+Eternity · · Score: 1

      Again, you're seeing this as a bug instead of a deliberate part of Amazon's business strategy.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
  3. Late admission = admission of damning knowledge by Anonymous Coward · · Score: 1

    They knew about this problem. They USED this problem to force retailers into lucrative (for Amazon) deals, or they implied fraudulent counterfeits would flood their market without protections. Literally, Amazon is the worst major US company.

    They should move to China where this kind of thing is not only tolerated but promoted generally as SOP. Bribe/tithe or be fucked by the gatekeeper.

  4. Re:Slashdot Ad problem taking too much screen spac by Narcocide · · Score: 1

    If you register and attain a decent Karma rating, you get to disable the ads.

  5. Stop comingling by LordKronos · · Score: 5, Interesting

    Simple solution, Amazon: stop comingling the damn inventory from 3rd party sellers. True, you won't be able to prevent
      from selling counterfeit items, but you'll be able to trace back who sold it, and when sellers know they can be identified, they won't be as willing to risk it

    1. Re:Stop comingling by Shadow+of+Eternity · · Score: 4, Interesting

      That's not a solution, that's the problem they originally started mingling inventories to solve. This entire situation is a feature, not a bug.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    2. Re:Stop comingling by Comrade+Ogilvy · · Score: 4, Interesting

      The simple solution is not adopted for a simple reason: it would hurt Amazon profits.

      The reason this shows up in an investor report at all is precisely because it is so large a "problem" that doing something about it could noticeably hurt future profits. At some point, hiding knowledge of a growing problem invites lawsuits, lawsuits that are more likely to win if there is a cover up.

    3. Re:Stop comingling by Anonymous Coward · · Score: 1

      One does not simply execute Bezos.exe without... permissions.

    4. Re:Stop comingling by tlhIngan · · Score: 1

      Simple solution, Amazon: stop comingling the damn inventory from 3rd party sellers. True, you won't be able to prevent
          from selling counterfeit items, but you'll be able to trace back who sold it, and when sellers know they can be identified, they won't be as willing to risk it

      Techincally, sellers can choose to not comingle their inventory The only problem is it means Amazon's cut of the product sale increases dramatically. It also means the Prime shipping will take longer since it'll be dispatched from one Amazon warehouse instead of the nearest warehouse.

    5. Re:Stop comingling by The+Snazster · · Score: 1

      Allowing inventory articles you sent in to be comingled is an option. You can turn it off, and should, even if it costs a bit more. Your reputation should be worth still more.

    6. Re:Stop comingling by pnutjam · · Score: 1

      Here's an example. Multiple different products with the reviews all jumbled together and multiple sellers to boot.

  6. It's not just 3rd party sellers by Anonymous Coward · · Score: 1

    Amazon does fulfillment for 3rd party sellers and mixes the merchandise in the warehouses. It doesn't matter who you buy things from: You can get counterfeit goods from all sellers with Amazon fulfillment and even from Amazon itself.

  7. Fake Benz? by Anonymous Coward · · Score: 1

    The pressure on the company has been growing as brands such as Birkenstock and Mercedes Benz have lambasted it for not being able to control the problem.

    You can buy a knock-off Benz on Amazon?

    1. Re:Fake Benz? by magarity · · Score: 1

      You can buy a knock-off Benz on Amazon?

      Peddling fake Benz hubcaps on Amazon is big business.

  8. Yes, we all know that by AndyKron · · Score: 2

    My Chinduino microcontrollers could be fake? NO!

    1. Re:Yes, we all know that by AmiMoJo · · Score: 1

      Can you even have a fake Arduino? It's open source, the whole point is that anyone can make one.

      At most there might be some trademark infringement if they call it an "Arduino".

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Yes, we all know that by LinuxIsGarbage · · Score: 1

      Well the Microcontrollers on the Arduino board are typically an Atmel AVR. If there was a fake Atmel AVR, it would be a fake Arduino!

  9. Money laundering by macraig · · Score: 5, Interesting

    Without openly admitting it, those admissions are also referring to money laundering of some affiliates and how Amazon profits handsomely by taking its cut off the top, no questions asked. Nope, there's nothing at all odd about a seller who prices common health & beauty aids and other common items three orders of magnitude greater than their MSRPs....

    1. Re:Money laundering by Phylarr · · Score: 1

      Amazon-published eBooks, on which Amazon takes a cut of 30%, are also a common money-laundering source. Amazon has no desire to stop these babble-filled books from being sold because they are personally making so much money off of aiding and abetting these criminals.

      Here's one prolific author, for example:
      https://www.amazon.com/s/ref=d...

      --
      "Choosing to refrain from producing another person demonstrates a profound love for all life" [vhemt.org]
    2. Re:Money laundering by macraig · · Score: 1

      Those aren't actually e-books: they're paperbacks printed by an on-demand publisher, CreateSpace Independent Publishing Platform. Regardless, they do still seem like a scam, and one angry reviewer of several calls them that specifically.

    3. Re: Money laundering by Phylarr · · Score: 1

      Createspace is owned by Amazon: https://en.wikipedia.org/wiki/...

      --
      "Choosing to refrain from producing another person demonstrates a profound love for all life" [vhemt.org]
    4. Re: Money laundering by macraig · · Score: 1

      I know, I noticed that and also the recent shutdown and transition, but they're still paperbacks on offer. The question remains whether anything actually gets printed and shipped - a run of the mill scam - or whether the orders themselves are a front and nothing gets printed or shipped - money laundering. That depends entirely on the back-end of Amazon's ordering system and linkage with its own on-demand publishing arm that we can't see. Money laundering would depend upon the "seller" being able to keep their shipping activity away from prying eyes, because nothing would be shipped to fulfill "orders".

  10. Amazon had to admit this... by Applehu+Akbar · · Score: 2

    Investment analysts discovered that 83% of Amazon shares had been printed in China.

  11. The bad drives out the good by timholman · · Score: 5, Interesting

    Amazon has bigger problems that counterfeit goods alone. By letting in every fly-by-night manufacturer and seller from China, they've created a situation where certain items simply can't be purchased on Amazon anymore.

    Case in point: try buying a good replacement battery for a laptop computer, i.e. one that won't die in a few months. You'll find the same crappy junk batteries being sold under a dozen different names, all at cut-rate prices. The quality sellers have fled Amazon. You have to go to another web site to buy a decent battery (albeit at a higher price, but at least a battery you can trust).

    Or try buying an RC toy car for your kids, or a water toy, or any one of hundreds of different electronic items. The only choices you have are bad, bad, and bad.

    To make it worse, the fly-by-night sellers have learned how to corrupt the Amazon review system. You'll see some item with hundreds of favorable reviews, then realize that only the last dozen of them actually apply to the item for sale. The other reviews will be talking about a completely different item. Somehow the sellers have figured out how to transfer a set of reviews to a different product.

    On top of that, Amazon defends the bogus sellers. I recently got a Facebook message from a Chinese seller offering to reimburse me if I bought a super soaker toy and gave the toy a favorable review. I promptly located the item and seller on Amazon and left a scathing review, which Amazon promptly rejected. Fake paid reviews are clearly perfectly acceptable to Amazon, but reporting them is not.

    Trust is Amazon's greatest asset. If people stop trusting what they buy from them, Amazon is opening the doors wide open to the competition.

    1. Re:The bad drives out the good by MemoryDragon · · Score: 1

      Yeah some items sold are outright dangerous and even popping up in the Amazon promited goods list. Actually it is hard enough to get a good replacement LiION battery somewhere nowadays, I cannot find an devent samsung etc.. originals over here in Europe especially not for those parts which are supposed to be not user servicable, but it is literally impossible to find anything than pure junk in this area on Amazon which does not scream for flames.
      Same goes for USB-C some of the cables sold there are outright dangerous but at least you still can find officially certified ones and manufacturers where you know they look at the quality, but they are far far in between all those chinese sell ands run companies.

    2. Re:The bad drives out the good by Anonymous Coward · · Score: 2, Insightful

      Trust is Amazon's greatest asset. If people stop trusting what they buy from them, Amazon is opening the doors wide open to the competition.

      Hey Walmart and Target, are you paying attention? Here is your chance to differentiate with genuine products and better yet to run attack ads making fun of third party Amazon sellers peddling fakes. Remember the Microsoft anti-Google ads or the Mac vs PC campaign from Apple? Yeah, you need to run something like that. Bezos might sue, but you're already at war with Amazon for survival anyway so why hold back now? Don't be the next Sears.

    3. Re: The bad drives out the good by CoolDiscoRex · · Score: 1

      How else was he supposed to warn potential buyers that the reviews were fake? Personal email to all Amazon customers?

    4. Re:The bad drives out the good by omnichad · · Score: 1

      What site are you using for laptop batteries? I need a new source.

    5. Re:The bad drives out the good by timholman · · Score: 2

      What site are you using for laptop batteries? I need a new source.

      Check out batteriesplus.com. You'll pay 2X to 3X the price compared to no-name Amazon vendors, but the batteries are branded by established manufacturers (e.g. Duracell and Rayovac), and sold by a company that's been in business for decades, with actual storefronts in the U.S.

      For Mac batteries, Macsales.com is also a good source. Again, much higher prices, but sold and warrantied by a company that's been in business for decades.

      You can buy the same cheap battery over and over again from Amazon every 6 months, or you can buy a good battery that will last 3+ years. To me, the choice is obvious.

  12. I did the same for my cell phone battery by rsilvergun · · Score: 1

    also good luck buying a PS3 gamepad online.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  13. amazon only has cared for shirt piracy by gl4ss · · Score: 1, Flamebait

    the problem is amazon is doing a piss poor job in some fields and totally ignored others.

    Loads of copyright infringing games stuff on amazon. they don't care.

    but try to sell your own brands shirts on amazon and it's a goddamn nightmare due to having to prove that you own the brand etc - and even then they just flat out deny 50% from selling. but you got a 555-in-1 cartridge with marios face on it? okay, just sell it, no problems.

    that is, if amazon just had 1 worker to _manually_ go through the website once a day for obviously pirate multisystems, carts, reporoduction cd's(pirate copies) etc, it would take care 99% of the problem. but they can't be fucking arsed to do that.

    ebay can't be arsed to do that either.

    --
    world was created 5 seconds before this post as it is.
  14. Re: Slashdot Ad problem taking too much screen spa by sg_oneill · · Score: 1

    Taboola is absolute cancer. There's nothing worse than browsing a coding blog at work (perfectly ok behaviour , it's part of the job) and taboola whacks some borderline pornographic or medical gross-out as smack in the middle of your screen ready to get you in trouble. I've had to block certain sites (I keep a nillroute list on my pc mostly to stop me being tempted by Facebook while on the clock) just because the risks of malicious advertising. It'd be a shame if /. had to go that way after 20+ years

    --
    Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
  15. Abandon Ship by Anonymous Coward · · Score: 2, Interesting

    I have had my fill of counterfeit products on Amazon. Recently, I purchased a reputable brand ski helmet from a NJ retailer and received a piece of junk. It was badly assembled and improperly glued together. I promptly returned the product with a scathing review.

    I have since combed local shops looking for a similar product and realize that the helmet I received was a counterfeit. Wow, Amazon sells counterfeit poorly assembled brain buckets. Rest assured some poor soul is going to perish using a similar product. Criminal.

    This wasn't the first piece of counterfeit from Amazon, but it was the last. I have abandoned Amazon marketplace and until the counterfeit problem is resolved, I won't be back.

    Lazy AC

  16. Liability. by DrYak · · Score: 1

    but try to sell your own brands shirts on amazon and it's a goddamn nightmare due to having to prove that you own the brand etc

    The logic of amazon being that if you happen to be trying to sell, say knock offs of Nike or some other brand, they'll have the legal of the big brand team on their asses.
    Amazon decides to be cautious. But having actual human employee who can quickly at a glance notice that your "happy bear" brand is a just a small pop and mom shop brand and is never going to cost a legal turmoil... would require paying competent actual human employee. Which is going to cost money.
    Better use a poor automated system, that will be goot at avoiding Amazon losing money at the hands of big brand's legal team, but will make the experience miserable for all small shops - because why would Amazon care ? if the small shops want to stay relevant they will *have* to use Amazon and they will *have* to endure the poor system. No need for Amazon to put an effort.

    but you got a 555-in-1 cartridge with marios face on it? okay, just sell it, no problems.

    ...and here the situation is reversed. If you've paying a tiny bit attention to the current gaming market, absolutely nobody uses cartridges anymore.
    The cartridge *by itself* (the physical object) isn't an obvious immediate knock off that will immediately attract the ire of some legal team.

    It's a legacy type of object to be used with a device that isn't in production anymore. You could hardly claim licensing violation regarding production of cartridge (and even back during the lifetime of the systems, SEGA didn't manage to sue Accolade because of unlicensed cartridge production).

    The thing which is problematic is the software flashed onto the cartridge.

    But the problem is that a significant amount of the software is done by companies that are now belly up.
    It's going to be an administrative nightmare trying to track down the current IP owner of every last one of the 555 supposed games and see if said owner are interested into suing.

    By keeping carts on their marketplace, Amazon isn't risking much lawsuits, but avoid the backlash that they could have from end-users trying to sell legit cartridges 2nd hand. (And risk loosing customers to e-bay, as that competitor is also significant in the market of 2nd hand).

    So basically it's a balance of risk of being sued vs. potential profit.
    For branded shirts, Amazon has decided there's some risk of suits.
    For carts, Amazon thinks that the potential profits outweigh the lawsuits risks.

    that is, if amazon just had 1 worker to _manually_ go through the website once a day for obviously pirate multisystems, carts, reporoduction cd's(pirate copies) etc, it would take care 99% of the problem.

    that covers 99% of the *classes* of problems. But a lone guy would probably be only able to go through 1% of the volume of the above mentioned problems.
    Amazon would need a larger crew. Which would cost money. More money that the risk of getting sued.
    thus : no.

    ebay can't be arsed to do that either.

    ebay has a system for reporting of suspect goods.
    ebay has also a system that tries to filter automatically potentially counterfeit goods. Which sucks badly and ends up with you still seeing hundreds of obviously counterfeit items that managed to be described and listed in a way that circumvents the simplistic filters, while at the same time suddenly blocking you from buying some completely and unrelated legit item, just because its description uses a word that accidentally looks like something which would trip the filter.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Liability. by omnichad · · Score: 1

      But the problem is that a significant amount of the software is done by companies that are now belly up.

      Hence the Mario example. These are blatant and obvious.

      avoid the backlash that they could have from end-users trying to sell legit cartridges 2nd hand.

      There are a relatively small number of releases of these specific Mario games in question. It will be very obvious that these listings are not for those releases.

  17. Just remember by sixsixtysix · · Score: 1

    If it's made at the same factory as the original, it can never be a fake or counterfeit.

    --
    ...