The context

A decisive factor behind the shift in the legal protection of content has been context. That context is defined by a combination of technologies that have driven the transformations described above: digital technology, the internet, digital compression systems, and peer-to-peer (P2P) file-sharing software.

Digital technology made it possible to convert information previously fixed on analog media into data reproduced through bits and bytes. Works once stored on paper, vinyl records, magnetic tapes, or celluloid could now be fixed on digital media. Unlike earlier copying technologies—such as photocopying or analog recording—digital reproduction does not degrade quality. The first copy is identical to the original, and so is the thousandth. Moreover, the marginal cost of reproduction is close to zero. This break with analog logic eliminated the traditional distinction between original and copy in qualitative terms.

The second essential component is the internet itself. As an open and globally distributed network, it allows free interconnection among users. It does not rely on a single central server capable of shutting the system down; instead, it consists of thousands of interconnected servers linking millions of users worldwide. Such an architecture enables global distribution of content with relative ease and at very low cost. Access can occur almost instantaneously, from virtually any location and at any time. Creation, dissemination, and modification of content have thus become technically simple processes.

While digitalization ensured perfect copies and the internet provided a global distribution channel, a further constraint remained: transmission speed. Early digital files containing audio, visual, or audiovisual content were large and slow to transfer. Digital compression technologies addressed this limitation by reducing file size and bandwidth consumption. One of the earliest and most widely adopted compression standards was MP3 (MPEG-1 Layer 3), designed for audio. Other standards emerged for images and video, such as JPEG for still images and MPEG formats for moving images. Compression made large-scale distribution technically viable.

The final transformative element was the rise of peer-to-peer software. In the late 1990s, services such as Napster—founded by Shawn Fanning—enabled users to store MP3 files on their hard drives and simultaneously make them accessible to others connected to the same network. P2P systems allowed users to search for and exchange files directly between computers, without relying exclusively on centralized servers. This innovation dramatically simplified the discovery and transfer of digital content among individuals.

Together, these technologies created conditions for unprecedented levels of content circulation. Users gained access to cultural works with a speed and scale previously unknown in the history of copyright. The convergence of perfect digital reproduction, global networks, compression standards, and decentralized exchange mechanisms redefined not only distribution models but also the very object and structure of copyright protection.