Like many trade agreements, ACTA is a confusing mess. Even its signatories don't agree on how it's supposed to work. The way it's been pushed forward has also been unruly -- talks have been held in secret, without any kind of legislative oversight or input from citizens or public-interest groups. The public only became aware of it in 2008, a couple of years after discussions began, when Wikileaks published a discussion paper. Since then, drafts of the pact have been released to the public, each successively less onerous to critics. Reportedly, though, big media and pharmaceutical lobbyists have been privy to the talks all along
Part of the confusion, and ire, comes from the fact that ACTA combines counterfeiting and piracy as if they were similar, when in reality, they're very different. Counterfeiting is when a customer is duped into buying, say, a fake iPod or a knockoff Gucci handbag. Piracy is when someone, for instance, distributes an unauthorized copy of a movie or song. Different kinds of laws apply to each, or are supposed to. Copyright holders (movie studios, record labels, etc.) often try to meld anti-piracy measures with those aimed at counterfeiting, which are usually less controversial. SOPA and PIPA were similar to ACTA in this regard.
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