The end user is often unaware of what a fake is or how to detect it. They may even believe the shop they buy from is providing real products. In some instances even the shops get bad supplies through supply chain problems.
So, should the user, shop or manufacturer be responsible?
Attacking the fakes, is down right an attack on the consumer. I've taken to avoiding most systems like this (game consoles, blu-ray drives etc). I've long ago avoided fakes since I was a kid, but I don't want the problems when I find out the device bricks its self through a failed DRM check. Because it will do so, with legit products, more often than the real "hackers" who can just mod/chip the device and be fine.
Most real counterfeit operations have no to zero problems with the DRM/checks. In this instance it'll be rather easy for the counterfeiters to just run a driver of one version less, and strip out the DRM checks.