Behringer is at it again...

mcr said:
Yet, it's not so bad at times to have enough information to know what's going on - and to make the "right" choice, whic I certainly will.

Amen.

FWIW, I talked to Bill myself, and I'm also circulating this as rapidly as I can.

As I said in another forum - it's one thing for the big companies to rip each other off - it's something completely different for a big company to specifically rip off small companies who don't have the resources to do battle with them.
 
From the Horses Mouth

My name is Bill Wenzloff. I work in the Engineering Department of Ebtech (owned and operated by Sound Enhancements, Inc. Just wanted to clarify a few things:

1) Our Swizz Army cable tester design was not licensed to Behringer

2) We did not give Behringer permission to copy our Swizz Army Cable Tester

3) Behringer did produce and is currently selling a cheap knock-off of our product

4) How Behringer can live with the fact that they knowingly copied someone else's design is beyond our comprehension. We can only tell people the truth and hope they make a purchase decision based on the facts.

5) If you have questions or wish to voice your support, please feel free to call me at 1-800-284-5172 ext 12 or email me at swizzarmy@hotmail.com

6) By all means, let Behringer know of your dissatisfaction with thier practices via thier website http://www.behringer.com

7) As corny as this sounds, we can only hope that hard work, honesty and quality reign supreme.

Best Regards,
Bill Wenzloff
Special Projects Coordinator
Ebtech
 
Dude as much as I saw that this was a blatant ripoff of your product when I saw it your decision not to take legal action is crazy....

If you do prove that your product was copied and then sold in such a way to undercut your business then surely you can prove that you have sustained recoupable financial damages also. Any decent Intellectual Propertylawyer would drool at the possibility of representing you in such a clear cut case especially when there is both a legal history of IP theft from said company and plenty of cash to be had from that company. If you were sufficiently protected in your design and trademarks, then you should be able to sue and win for significant damages including any and all legal fees. Not to mention that in such a clear case lawyers will forgo any payment to get a cut of any settlement or damages.

If you can't easily prove that your product was stolen as it certainly appears like it was, then you have more significant problems that any company (samson, art, carvin et al) would have eventually reproduced.

I sincerely hope that you don't plan on letting the market decide, because honestly the market will decide on the cheaper copy because the average consumer will not know anything about the reputations of either company.
 
aaronscool said:
If you were sufficiently protected in your design and trademarks, then you should be able to sue and win for significant damages including any and all legal fees. If you can't easily prove that your product was stolen as it certainly appears like it was, then you have more significant problems that any company (samson, art, carvin et al) would have eventually reproduced.

aaronscool,

There are greater legal issues here, and I think Bill will correct me if I am wrong. There are no design patents on cable testers, as there are many cable testers on the market. Certainly the Ebtech is a very fine unit, but it does not mean every cable tester in the world must license it. The only way you can license it is if you own a patent for its specific circuitry design.

If Behringer has changed a few components, which Bill would know, then they can argue it is not the same. If it is all a matter of copying artistic issues, then that is a litigation nightmare. All they have to do is change a knob color here, a led there, and claim it is different

Look at all the automotive models out there. Sometimes it is hard to tell them apart, but they are almost identical.

I want to make it clear that I think Behringer has done wrong, and should not get away with it, but to fight this based on principle is asking for financial trouble, especially if you loose, and several have lost against Behringer so I understand why Bill chooses not to sue. I would come to the same decision as he did.

So, he is right, go to the Behringer site and scream at them. Frankly, I don’t think they will care, so in the end, it is you that will choose what you buy.

Alan Hyatt
PMI Audio Group
 
alanhyatt said:
So, he is right, go to the Behringer site and scream at them. Frankly, I don’t think they will care, so in the end, it is you that will choose what you buy.

Alan Hyatt
PMI Audio Group

Ultimately, the greatest weapon against predators like Behringer is the dollar.

As I circulate this information, I am calling for boycotts of Behringer gear.

Granted, a lot of people go "everyone does it - who cares"

But if 200 people that would have spent $200 on gear this year buy something else instead of behringer, that's $40,000 in sales they just lost. You don't have to get EVERYONE involved to make a boycott work. Just enough people to hurt the bottom line, which in Behringer's case, is extremely tight.

I'll wager you could get their attention pretty quickly with a mere $200,000 in lost sales.
 
Griffinator said:


Ultimately, the greatest weapon against predators like Behringer is the dollar.

As I circulate this information, I am calling for boycotts of Behringer gear.

Granted, a lot of people go "everyone does it - who cares"

But if 200 people that would have spent $200 on gear this year buy something else instead of behringer, that's $40,000 in sales they just lost. You don't have to get EVERYONE involved to make a boycott work. Just enough people to hurt the bottom line, which in Behringer's case, is extremely tight.

I'll wager you could get their attention pretty quickly with a mere $200,000 in lost sales.

Are you being selective in your principles, or will you boycott Microsoft and any company that does business with them?
That's probably everyone.
What do you want Behringer to do?
Raise their prices to the same level as everyone else?
Ha...
If a PC company came out with a knock-off of the new Imac for $700.00,
Apple would fuck them hard.
The entire PC industry knows it.
That's why it wont happen.
You're crucifying Behringer for giving the people what they want.
Products that do the job they need done for less than the competition.
They're quality must be close enough for govt. work, as they seem to be thriving.
It's only theft if the design is patented or copyrighted in some form.
Theft SHOULD NOT BE ALLOWED!
But it will not be stopped if the company that was wronged will not defend itself and prove the theft in a court, if indeed it is theft.
If you were a retail store owner that was known to be too tired to chase shoplifters, you be raped on a hourly basis.
If it's theft, SUE!
If it's not, take a look at ways of streamlining your production costs to the nth degree, or companies like Behringer are going to eat your lunch.
You must compete in the WORLD market now, and the people who are doing well at this have discovered the joys of outsourcing assembly and test to China.
For your boycott to be genuine, you would have to boycott every product that's made in China!
You need to get a few hundred people to pay more for their gear because Behringer MAY have stolen a design.
I think most people need a stronger case than that before they pay more for what they want.
Prove to me that Behringer STOLE that design and that the design had a patent or some form of legal protection from copying, and I'm with ya.
Till then I'm all for the better mouse trap.

Carmen


:)
 
CarmenC said:
Are you being selective in your principles, or will you boycott Microsoft and any company that does business with them?

I wish I could, but my studio would be out of business if I did - I do a lot of mixing in native apps for people on the internet - it's one of my sell points. Those native apps don't run on Linux. MS has me in a very uncomfortable bind. Someone made the same analogy about petrol companies. Same problem - I don't have a choice.

Behringer, on the other hand, doesn't have me in a bind. I can choose not to buy their products, because I have many other alternatives. I can say "fuck you" to Behringer and not buy their products. It won't damage my business in any form, shape, or manner.

What do you want Behringer to do?
Raise their prices to the same level as everyone else?

No, stop ripping designs. Mackie provided evidence in court that Behringer followed the mixer design they reverse-engineered so tight that they even reproduced an error on the specific mixer in all their units. That error existed only on a certain lot of Mackie mixers that slipped through QC.

If a PC company came out with a knock-off of the new Imac for $700.00,
Apple would fuck them hard.

True enough. Apple fucked a lot of people hard over the years. Just ask Colecovision.

You're crucifying Behringer for giving the people what they want.
Products that do the job they need done for less than the competition.
They're quality must be close enough for govt. work, as they seem to be thriving.

Easy to cut an extremely low price point when you're not paying for the R&D, dude.

It's only theft if the design is patented or copyrighted in some form.
Theft SHOULD NOT BE ALLOWED!

Correct.

But it will not be stopped if the company that was wronged will not defend itself and prove the theft in a court, if indeed it is theft.

2 problems.

1) Behringer is a multimillion dollar international corporation. Ebtech is a small boutique shop in Illinois. Behringer has a legal squad big enough to keep Ebtech tied up in court for years, draining Ebtech's resources and eventually putting them out of business.

2) Even though Mackie proved that Behringer reverse engineered their mixers, because the case was tried in a UK court, Behringer got by because the EU does not recognize U.S. design rights. If Mackie (or in this case, Ebtech) were headquartered in Europe, Behringer would be fucked. Obvious reason for Behringer to rip U.S. companies.

If you were a retail store owner that was known to be too tired to chase shoplifters, you be raped on a hourly basis.
If it's theft, SUE!

Interesting analogy. See above.

If it's not, take a look at ways of streamlining your production costs to the nth degree, or companies like Behringer are going to eat your lunch.

Again - when you're not paying for the R&D, the company that is doesn't stand a chance of competing with you. This is why IBM licensed out the PC design and eventually got out of the PC market. They made a shitpile of money on those licenses and then bailed because other people were way undercutting them and they were losing money.

You must compete in the WORLD market now, and the people who are doing well at this have discovered the joys of outsourcing assembly and test to China.

Sure thing. I agree.

For your boycott to be genuine, you would have to boycott every product that's made in China!

No, I wouldn't. Just the products that are direct ripoffs of other company's products. Did you look at the designs? Bill over at Ebtech reiterated to me exactly what he posted here - Behringer's design is identical to Ebtech's right down to the last cap. That's theft, in my book.

You need to get a few hundred people to pay more for their gear because Behringer MAY have stolen a design.

So be it. I can damned sure try. So far, in the 5 hours since I posted this, I've managed to enrage at least 40. 40 enraged people can reach a lot of other people. That's how boycotts get started.

I think most people need a stronger case than that before they pay more for what they want.

The pictoral evidence is very compelling. Compelling enough, especially for a company that's gotten in trouble for doing this in the past - but the companies they picked on then were big enough to stand up for themselves. Aphex fought and won their case against Behringer for stealing the exciter circuit. Mackie got the shaft because they're an American company. Now Behringer has taken to picking on small companies who don't have the financial resources to fight them, so they can avoid the legal battles altogether.

Prove to me that Behringer STOLE that design and that the design had a patent or some form of legal protection from copying, and I'm with ya.

Under U.S. law, the design right would hold up against another US company. Under EU law, the design right of an EU country would hold up. Behringer's HQ is in Germany, which forces Ebtech to do battle in Europe, where they would lose, because of the EU copyright laws.

Apathy is the best friend of companies like Behringer.
 
demodude, welcome to the bbs, sorry your first post had to be about this!
This is why I couldn't bring myself to buy the Behringer omni mike for
around $40-why support this kind of company?
 
chessparov said:
This is why I couldn't bring myself to buy the Behringer omni mike for
around $40-why support this kind of company?

I don't agree with that. There is no benefit in trying to make Behringer dissapear from the market, and not just because it can't be done. To my knowledge the ECM8000 is a very unique product, that behringer has designed themselves. And one that has a unique price/performance ratio. What we should do is encurage Behringer in those good cases, and condemn them in the cases when they are assholes. And if they knocked the cable tester off, as it looks like; they are assholes indeed.
 
BasPer said:


I don't agree with that. There is no benefit in trying to make Behringer dissapear from the market, and not just because it can't be done. To my knowledge the ECM8000 is a very unique product, that behringer has designed themselves. And one that has a unique price/performance ratio. What we should do is encurage Behringer in those good cases, and condemn them in the cases when they are assholes. And if they knocked the cable tester off, as it looks like; they are assholes indeed.

Problem is, they keep doing it. I can't be bothered to keep a running catalog of products Behringer has stolen from other people. I just won't buy their gear.
 
Its called survival of the fittest my friends. It happens everyday in every industry. sure you can boycott the brand but they wont miss you because you are so small of a dent in thier profits. So the best thing you can do is ripp thier products online to persuade groups of folks to boycott them.

By the way the ecm8000 is a design that was a copy of an earthworks mic.

I loved eating hamburgers, untill I found out how they slaughtered the cow, I still eat hamburgers.
 
darrin_h2000 said:
Its called survival of the fittest my friends. It happens everyday in every industry. sure you can boycott the brand but they wont miss you because you are so small of a dent in thier profits. So the best thing you can do is ripp thier products online to persuade groups of folks to boycott them.

By the way the ecm8000 is a design that was a copy of an earthworks mic.

I loved eating hamburgers, untill I found out how they slaughtered the cow, I still eat hamburgers.

I'm also crusading at all my usual haunts (some 6,000 total musicians at 10 different bulletin boards) trying to get other people to stop buying behringer. I've been met with some amount of apathy, but a lot are sympathetic to the cause and are supporting the boycott.

I've also e-mailed all five behringer HQ's informing them that I am organizing a boycott unless they compensate Ebtech and renounce their predatory business tactics. I strongly suggest that anyone here who gives a shit about the situation do the same. One person e-mailing Behringer won't do anything. 100 will get their attention. 1,000 will bog down their e-mail servers. 10,000 will motivate them to a press release.

Here's the e-mail addresses for all 5 corporate headquarters

support@behringer.ca
support@behringer.de
support@behringer.co.jp
support@behringer.com
support@behringer.com.sg

here's a copy of the e-mail I sent them

Does this look familiar to you people?

http://www.swizzarmy.com/swizzdes.htm

Looks an awful lot like this to me

http://www.behringer.com/02_products/prodindex.cfm?id=CT100&lang=eng

You make me sick.

I promise you I will never buy another Behringer product, nor will anyone else I know or come in contact with in the industry. Certainly not until you make reparations to Ebtech, and certainly not until you swear off this predatory business tactic for good. Get your own damned R&D department or start licensing the designs you steal!

Regards

S. Griffin
Sonic Eclipse Studios, Inc.
 
Wow...you know, when Behringer first came on the scene, I thought "Cool! Affordable products....let's have a look!"
I have 2 Behringer units in my rack. Yes, they were cheap, and they've worked very well for my needs. I'm not going to "sell them in protest" but I CAN stop buying anything else from them.
I would much prefer my dollar to stay at home when at all possible.
Email to Behringer forthcoming....
 
They blew it completely as far as I am concerned. That's wholesale theft if I ever saw it.

Losers.

TP
 
You know, I'm not going to defend Behringer.

Do they steal/copy other people's designs and products? Yes.

Do they try to undercut those same companies with drastically cheaper products? Yes.

What is the basis for these actions? It's called CAPITALISM and it works the same way every day in nearly every consumer product.

As much as folks want to stir up controversy and perhaps organize a boycott in my view this will have very little effect in rectifying the problem. Certainly the Mackie/Behringer situation would have brought out much more public awareness of this issue, but a cable tester?

I feel bad for Ebtech. They are certainly getting or going to get the shaft. But as I said before they must defend themselves, their intellectual property, and their product designs or their company will not survive no matter what (regardless of Behringer as any other 2 bit company will come along and do the exact same thing). In a free market you cannot operate a company expecting other companies to "play nice" and consumers to be greatly influenced by a company's ethics.

Bottom line if a company (small or large) cannot defend it's Intellectual Property it will not survive no matter what.

While I certainly won't be buying any new Behringer gear any time soon a boycott will do little to change anything in my opinion. Behringer has already been through a much larger and more public grilling on it's business practices and is doing better now than before.
 
Quote:

"They're quality must be close enough for govt. work, as they seem to be thriving."

------------

I work for a government contractor, and based on the information provided by this thread (and corroborated directly by Ebtech's representative), I banned further purchase of Behringer products by anyone in our organization as of yesterday (we have broadcast media development offices in 23 countries).

If the affected manufacturers complain to their Congressmen and Senators -- if each of you complains to the representatives from your district, showing specific visual examples of this abuse -- this ban will eventually reach many, many more government contractors as well.

The point is ironically simple: government contractors are prohibited from purchasing items manufactured in China or containing componentry manufactured in China (or any other non-free world country, although Libya doesn't exactly produce a lot of electronics).

Realistically, no purchasing agent for a government contractor can *ever* know with certainty whether a piece of electronics equipment contains Chinese parts these days; some undoubtedly believe that since Behringer is a German company, their equipment must be made in Germany.

However, once a contractor is made aware of Chinese manufacture or componentry (especially designs stolen from American companies, companies that are now complaining to their Congressmen), the contractor must cease buying from that manufacturer or risk having the cost of those products disallowed on audit.

The test is reasonableness: If I don't know and made an honest mistake in purchasing Behringer products in the past (and we have), that's generally not a problem. But now that I have been advised, I have no choice but to ban further purchases of the company's products by my organization, anywhere in the world.

If you write a letter to your own Congressman complaining about Behringer's theft of American designs, it will be read, and you will be heard. Believe me, our representatives care a great deal about this, whether the American manufacturer can afford to bring suit or not. They just need to see the pictures.

Mark H.
 
Very well laid out, Mark.

another thing: Aaron, you're confusing capitalism with anarchy. Our free-world, capitalist system relies on a small set of basic principles. You could look them up in the bible, search your conscience or browse through some intermediate economics textbook ... stealing is wrong. Fullstop. And stealing, if discovered, should not be disregarded.

I consider it sad that in our societies people are often too complacent to stick up for what is right.
 
mcr said:
Very well laid out, Mark.

another thing: Aaron, you're confusing capitalism with anarchy. Our free-world, capitalist system relies on a small set of basic principles. You could look them up in the bible, search your conscience or browse through some intermediate economics textbook ... stealing is wrong. Fullstop. And stealing, if discovered, should not be disregarded.

I consider it sad that in our societies people are often too complacent to stick up for what is right.

I am not confusing Captalism with Anarchy. I believe there are rules and laws here that have been broken. At this point is is Ebtech's/US governement's responsibility to take action to rectify the situation. If they do not, then they are complicit in the theft of their own product. I personally think the Ebtech has an opportunity to not only stop the sale of these cable testers in the US, but also can win substantial damages from Behringer to boot.

I agree that stealing is wrong. I agree that something should be done about it in this particular case. I am stating that I believe also that a boycott/email campaign will do little to deter Behringer's business practices as this has already occured in the past with higher profile companies and products.

There is theft everyday if you want a real boycott do as Mark has and boycott anything made in China. This is the ethical thing to do as you can never know if you product was stolen from someone else of if slave/child labor was used to produce it. But like I said the Walmart masses will never understand these issues and will consistently choose the lower priced knock off.

The only currently effective means to prevent corporate theft is through legal/govt. action.
 
Thanks for that contribution, Mark.

I have indeed followed up by sending mail to both my Senator and US Representative, as well as my local delegate and senator in the Virginia General Assembly calling for a ban on government contractor purchase of Behringer equipment, as well as a public denouncement of their business practices.

Let's see where it goes from there....

This is one time I'm glad I live in a heavily Republican state - the GOP is like a pack of Dobermans when it comes to protecting local businesses.
 
One person revolution? NOT!

In the course of my circulating this story, we now have a music magazine in Britian potentially covering this story.
 
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