If you have Mark do the mod it is about $150, if you do the mod yourself it can be done for under $25. It looks like the pads were installed incorrectly, easy to fix. Good luck.
Currently listening to my modded D5000 and loving it.
Currently listening to my modded D5000 and loving it.









If you can't rotate those pads to better fit your ears, then it's surely a dud! I haven't read about any D5000 fakes and therefore can't comment on them.