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Introduction
There has been an increase in crimes across the world and in various social entities. This has attracted new research attention and raised many concerns among researchers. For the last two decades, counterfeit products in Canada have increased significantly despite the changes made on the relevant policies. This paper discusses the crime of trading in counterfeit products from a sociological perspective. It focuses on the recent research findings on the crime especially those associated with the offenders. Throughout the discussion, the offenders are assumed to be the consumers who purchase the counterfeit products willingly. The paper will attempt to employ sociological theories such as strain theory, social learning theory and control theory to analyze various aspects of counterfeiting.
Counterfeit goods are those that illegally copy, duplicate and imitate products or apply registered trademarks without the authority of the owner, therefore, infringing upon the legal right to duplicate of the owner. Frequently, the definition of counterfeit adds the issue of intent to defraud, though it is not a defining factor in many cases. Even though counterfeit products infringe on patent rights, they are strongly associated with copyrights, which in Canada at any rate is an automatic right provided to the originator of a literary, artistic or typographical work or the authors employer. Canadian criminal code and copyright act contain provisions that criminalize counterfeiting activities (Isaac & Osmond, 2006, p.21). The country addresses most counterfeit activities through formal civil legal proceedings while some activities constituting criminal conduct of counterfeiters are subject to prosecution and imprisonment.
With an importance on the potential for change and disruption, there is a characterization of the trader in counterfeit goods that uses a binary antagonism between the legitimate (normal) world and the oppositional (abnormal) practices. For instance, sociological study on file sharing via peer-to -peer networks, films, software hacks and pirated music presents traders as part of a unique subculture (Condry, 2004). Therefore, counterfeiting is characterized by deviations from the normal course for both the offenders and the goods.
Frequency of trading in counterfeit products
A major objective of the research is to have a picture of how frequent the counterfeiters purchase products. The findings suggest that the most commonly purchased goods are music, films, electronics, automobile parts and fashion items. With emphasis on the relationship between general purchasing behavior and demographic variables, the counterfeiters vary according to gender and age (Rutter & Bryce, 2008). Young people tend to buy counterfeit goods more than old people while males purchase counterfeit products more than females (Carpenter & Lear, 2011). The findings demonstrate that the distribution of consumption across many of the goods categories by demographic groupings is not different. However, some variations are observed in some products such as computer games and apparel. Therefore, there are consistencies involving the patterns of purchasing leisure products and their counterfeit correspondents in the larger circumstance of gender, consumption habits and practices.
Arguably, the demographic variations may exist when making decisions to purchase counterfeit products. According to social learning theory, individuals learn to engage in criminal activities, mainly through their relationship with others (Akers & Jensen, 2007). In fact, they are toughened for the activities, learn values that encourage criminal practices and become exposed to the patterns used by criminals. Consequently, they come to believe that crime is advantageous or acceptable in some circumstances. Similarly, Canadian counterfeiters learn to engage in the activities through others and as a consequence come to view them as desirable or justifiable acts. They become skilled at counterfeiting the same manner they become skilled at compliant behavior.
Nevertheless, close or crucial groups such as peer groups, workmates or families have significant influence on what counterfeiters learn. Young people in Canada are the potential market for the counterfeit traders and get much attention from them. Hence, when a small group is convinced with the activities, it can well influence many youths. Older people in the country will not likely form primary groups and hence do not usually learn from peers. In addition, Canadian males are more active in social groups when compared with females. Therefore, they are likely to learn about and engage counterfeiting more than female counterparts. The large amounts of money associated with counterfeit products are also major reinforcements in men.
Trading locations for counterfeit products
The observation made here is that counterfeiters use public places and channels to route their products especially the online environment (The Canadian Ant-Counterfeiting Network, 2007). Given the wide range of contents available on the internet at a very small cost compared with other established social networks, counterfeiters mainly use the internet to get products. The use of public channels offers the element of anonymity to offenders. The public nature of these places suggests that the trading in counterfeit products is normalized and acceptable. Even though individual enticement may vary, the decision to get counterfeit products in social environments suggests a solid social context and enticement to the consumption beyond that benefit attained from just having ownership to the product.
According to control theory of sociology, all people have desires and wants that are easily accomplished through criminal activities than legal channels (Nelson & The University of Arizona, 2007). They engage in criminal activities because of the manacles or controls put in place. Canadian government has continuously been pushed to implement stern regulatory controls on counterfeit goods (The Canadian Ant-Counterfeiting Network, 2007). As a result, counterfeiters have sought those channels that avoid the controls. The shift from old methods of channeling their criminal activities to online environment is one way of evading the regulatory controls. Counterfeiters feel that the government is watching for them and allowing the crime. The more there are alternative means of conducting counterfeit business, the more the consumers become recruited. Those consumers who can access the internet are freer to engage in counterfeiting than others.
Motivation to engage in counterfeiting
Considering the positioning of the trading in counterfeit products within everyday routines and the evolving realization that trading is another social activity, the buying of these products seems to incline more to an already established trading practice than a trend explained by criminology (Marcketti & Shelley, 2009). Phau and Dix (2009) maintain that cost is the major motivation to buy counterfeit products across all categories of goods. Most of the offenders believe that legal products are overpriced. In particular, people from the lowest income category will likely buy counterfeit products when compared with higher income earners. Another motivation identified is value generated, although it is associated with specific categories of products such as music and films. The success of building demand for repeatedly renewing goods is a key motivator. For instance, the desire to watch a film the moment it comes out is a strong motivation to buy counterfeit DVDs.
The motivation to engage in counterfeit business is well explained by strain theory of sociology. The theory suggests that individuals who go through strain are likely to engage in criminal activities when they become distressed (Mooney, 2011, pp.112-113). While stress may surface from the failure to attain various goals, it is sturdily related to the failure to attain money and status. Therefore, a strong motivating factor to engage in crime is money. Likewise, Canadian citizens with low income are likely to buy counterfeit products in order to achieve status and respect from higher income earners. Moreover, the value of products sought by all consumers in the country compels the low income earners to opt for counterfeit goods. It goes with the saying that poor people always view counterfeit goods as the easiest way to attain social status.
Conclusion
The increasing rate of counterfeit crimes has attracted a large pool of researchers from various fields including sociology. The behaviors associated with counterfeiting vary across demographical variables of age, gender and status. Younger Canadians and males are likely to engage more in the practice than old people and females according to social learning theory. Control theory explains how the counterfeiters respond to legal controls and confirms the findings suggesting the increasing use of public channels to get counterfeit products. They are motivated by the cost and value derived from counterfeiting as explained by the strain theory of sociology.
References
Akers, R. L. & Jensen, G. F. (2007). Social learning theory and the explanation of crime. Brooklyn, NJ: Transaction Publishers.
Carpenter, J. M. & Lear, K. (2011). Consumer attitudes toward counterfeit fashion products: Does gender matter? Journal of Textile and Apparel technology and Management, 7(1), 1-16.
Condry, I. (2004). Cultures of music piracy: An ethnographic comparison of the US and Japan. International Journal of Cultural Studies, 7(3), 343-363.
Isaac, B. & Osmond, C. (2006). The need for reform in Canada to address intellectual property crime. Web.
Marcketti, S. B. & Shelley, M. C. (2009). Consumer concern, knowledge and attitudes towards counterfeit apparel products. International Journal of Consumer studies, 33(3), 327-337.
Mooney, L. A. (2011). Understanding social problems. Florence, KY: Cengage Learning.
Nelson, S. M. & The University of Arizona. (2007). Offender crime perspectives: A study in affect control theory. Cambridge, UK: ProQuest.
Phau, I & Dix, S. (2009). Consumers willingness to knowingly purchase counterfeit products. Direct Marketing: An International Journal, 3(4), 262-281.
Rutter, J. & Bryce, J. (2008). The consumption of counterfeit goods: Here be pirate? Sociology, 42(6), 1146-1170.
The Canadian Ant-Counterfeiting Network. (2007). Report on counterfeiting and piracy in Canada: A road map for change. Web.
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