What is different from the situation e.g. in the not-so-industrialized 19th century is that the situation of artificial scarcity is penetrating far more deeper into everydays' lifes. In the 19th century far less persons had the educational foundation nor the material resources to do research. Far less persons had access to journal or scientific information. Modern (copiable) media such as photography, cinema or television were not existent. Copying machines did not exist. Reproduction of a printed article required (considerable) investment into a printing press (or a scribe / secretary). So intellectual property protection was only directly infringing with the liberties of a few thousand persons.
Today in Germany more than 20% of the population have internet access, around 20% of the population got (some) university education and virtually everybody can be reached via mass media).
Also in the 19th century the amount of infringeable intellectual property generated was far lower (indicated by patent statistics such as Schmookler [31] or publication indexes) and due to higher transaction costs for internationalization (transportation) far more localized.
The total amout of artificial scarcity is the product of infringeable intellectual property and potential infringers has thus grown quadratically. Arguably, a third orthogonal dimension can be added by taking into account the vertical expansion of the IP system.