I think the difference with "counterfeiting" is that it suggests that you're intentionally misrepresenting the good as something it isn't. The underlying crime

I think the difference with "counterfeiting" is that it suggests that you're intentionally misrepresenting the good as something it isn't. The underlying crime is when you trade such a good in bad faith (you sell a handbag to someone whom you allow to think it's from a famous designer, or you buy something in exchange for green pieces of paper which you pretend were issued by the US Mint). By this definition, "brand-name" shrinkwrap software that you bought cheaply in SE Asia that has suspiciously poorly-reproduced covers and instructions might be counterfeit (because the purchaser might be misled into thinking they're getting an official edition), but most p2p piracy is not (because there's no discrepancy between what the recipient gets and what they think they're getting).