Rejoice! It's finally not illegal to rip CDs

The Hargreaves review finally makes UK copyright law suitable for 1998.

The government has announced that it will be implementing the majority of copyright reforms contained in the Hargreaves Review, the commission which reported last year with recommendations for how to bring the UK's intellectual property regime up-to-date.

The top-line change is that the UK will finally gain a format-shifting exemption, meaning that it will no longer be illegal to copy music from a CD to an iPhone (yes, it is technically illegal still) – just in time for the switch to digital purchases to really take-off, of course. But better late than never.

This format-shifting exemption is much more limited than it sounds, however, since breaking digital rights management (DRM) will remain illegal. This is a trick that content producers in the United States, where format shifting has always been legal, have used to get around those laws. DRM is the technology which prevents consumers from copying DVDs, Blu-rays, or most legally downloaded movies.

But much of that copy-protection is just a token lock designed to bring the content under the protection of the law. The system which protects DVDs, for instance, was broken over thirteen years ago; despite this, it remains illegal to transfer movies from DVDs onto computers, a fact which almost certainly retarded technological progression by rendering it impossible for a video equivalent of the iPod to make economic sense.

There is a silver lining, however; if DRM is preventing you from exercising legal rights, you will have the right to complain to the Secretary of State about it. The implication is that they may then decide to grant an exemption, but the BIS spokesperson refused to confirm that that was the case.

Other changes are more useful. The government is planning to introduce a parody exemption, which would allow stuff like the fantastic Newport State of Mind to carry on existing, rather than being taken down over copyright infringement.

The changes also allow far greater flexibility for education, quotation, research and analysis, and grant people with disabilities "the right to obtain copyright works in accessible formats" when there isn't already one available on the market.

Vince Cable said:

Making the intellectual property framework fit for the 21st century is not only common sense but good business sense. Bringing the law into line with ordinary people’s reasonable expectations will boost respect for copyright, on which our creative industries rely.

The Coalition for a Digital Economy, which was founded in response to the last government's disastrous Digital Economy Act, supported the changes, saying:

We are delighted that the Government has now announced their plans for modernising copyright. These measures will help to provide certainty for digital entrepreneurs working with copyright and rights holders alike. The report comes after an exhaustive 16 month period of consultation and the strength of the argument for reform shines through.

These reforms are clearly an improvement on the law as it stands, but they remain mere incremental improvements. Without addressing the questions at the heart of copyright and intellectual property – chiefly, whether the protections exist to encourage the production of copyrighted works, or to allow the owners of copyrighted works to extract as much value a possible from them – then there will remain problems with the implementation.

And while the changes are more friendly to digital industries than much legislation which affects them, the continued overprotection in a number of areas doesn't do a whole lot to disabuse the notion that the entertainment industry has too much power in this field. Where's the clarification about whether or not you can sell downloads second-hand? And isn't it time consumers were given some rights above and beyond the standard "permanent license which can be revoked at any time" that digital stores offer, despite using the language of buying and selling?

Nonetheless, the implementation of Hargreaves recommendations is to be welcomed. I might just shift some formats to celebrate.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Daniel Hannan harks back to the days of empire - the Angevin Empire

Did the benign rule of some 12th century English kings make western France vote Macron over Le Pen?

I know a fair amount about British politics; I know a passable amount about American politics, too. But, as with so many of my fellow Britons, in the world beyond that, I’m lost.

So how are we, the monolingual Anglophone opinionators of the world, meant to interpret a presidential election in a country where everyone is rude enough to conduct all their politics in French?

Luckily, here’s Daniel Hannan to help us:

I suppose we always knew Dan still got a bit misty eyed at the notion of the empire. I just always thought it was the British Empire, not the Angevin one, that tugged his heartstrings so.

So what exactly are we to make of this po-faced, historically illiterate, geographically illiterate, quite fantastically stupid, most Hannan-y Hannan tweet of all time?

One possibility is that this was meant as a serious observation. Dan is genuinely saying that the parts of western France ruled by Henry II and sons in the 12th century – Brittany, Normandy, Anjou, Poitou, Aquitaine – remain more moderate than those to the east, which were never graced with the touch of English greatness. This, he is suggesting, is why they generally voted for Emmanuel Macron over Marine Le Pen.

There are a number of problems with this theory. The first is that it’s bollocks. Western France was never part of England – it remained, indeed, a part of a weakened kingdom of France. In some ways it would be more accurate to say that what really happened in 1154 was that some mid-ranking French nobles happened to inherit the English Crown.

Even if you buy the idea that England is the source of all ancient liberties (no), western France is unlikely to share its political culture, because it was never a part of the same polity: the two lands just happened to share a landlord for a while.

As it happens, they didn’t even share it for very long. By 1215, Henry’s youngest son John had done a pretty good job of losing all his territories in France, so that was the end of the Angevins. The English crown reconquered  various bits of France over the next couple of centuries, but, as you may have noticed, it hasn’t been much of a force there for some time now.

At any rate: while I know very little of French politics, I’m going to go out on a limb and guess the similarities between yesterday's electoral map and the Angevin Empire were a coincidence. I'm fairly confident that there have been other factors which have probably done more to shape the French political map than a personal empire that survived for the length of one not particularly long human life time 800 years ago. Some wars. Industrialisation. The odd revolution. You know the sort of thing.

If Daniel Hannan sucks at history, though, he also sucks at geography, since chunks of territory which owed fealty to the English crown actually voted Le Pen. These include western Normandy; they also include Calais, which remained English territory for much longer than any other part of France. This seems rather to knacker Hannan’s thesis.

So: that’s one possibility, that all this was an attempt to make serious point; but, Hannan being Hannan, it just happened to be a quite fantastically stupid one.

The other possibility is that he’s taking the piss. It’s genuinely difficult to know.

Either way, he instantly deleted the tweet. Because he realised we didn’t get the joke? Because he got two words the wrong way round? Because he realised he didn’t know where Calais was?

We’ll never know for sure. I’d ask him but, y’know, blocked.

UPDATE: Breaking news from the frontline of the internet: 

It. Was. A. Joke.

My god. He jokes. He makes light. He has a sense of fun.

This changes everything. I need to rethink my entire world view. What if... what if I've been wrong, all this time? What if Daniel Hannan is in fact one of the great, unappreciated comic voices of our time? What if I'm simply not in on the joke?

What if... what if Brexit is actually... good?

Daniel, if you're reading this – and let's be honest, you are definitely reading this – I am so sorry. I've been misunderstanding you all this time.

I owe you a pint (568.26 millilitres).

Serious offer, by the way.

 

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Daniel Hannan. You can find him on Twitter or Facebook.

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