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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Grandpa was ill and wasn’t keen on climbing the volcano – but we forced him up all the same

I squinted. Apart from a gleam of turquoise, the view was of one big cloud. Slowly the words started to form in my head. Just. Like. Scotland.

At first, Grandpa was sceptical about the volcano. “I used to be into that kind of thing,” he said, “but not now.” He did not mention that he was 88.

The guidebook to Indonesia – which he disdained – described how, once you got to the crater, the mist would rise to reveal a shimmering lake. His fellow travellers, my sister and I, often joked about our family’s tendency to declare everything to be “just like Scotland”. This was a living, breathing volcano. It would be nothing like Scotland.

But as Grandpa reminisced about his childhood in the Dutch East Indies, he began to warm to the idea. We set off at 7am and drove past villages with muddled terracotta roofs and rice paddies spread across the valleys like glimmering tables. We talked excitedly about our adventure. Then it began to rain. “Perhaps it will blow over,” I said to my sister, as the view from the windows turned into smears.

Our driver stopped at a car park. With remarkable efficiency, he opened the doors for us and drove away. The rain was like gunfire.

To get to the crater, we had to climb into an open-sided minibus where we sat shivering in our wet summer clothes. Grandpa coughed. It was a nasty cough, which seemed to be getting worse; we had been trying to persuade him to go to a pharmacy for days. Instead, we had persuaded him up a cold and wet mountain.

Five minutes passed, and the minibus didn’t budge. Then another bedraggled family squeezed in. I thought of all the would-be volcano tourists curled up in their hotels.

“Look,” I said to the attendant. “My grandfather is not well. Can we please start?”

He shook his head. “Not till all seats are full.” We exchanged a glance with the other family and paid for the empty seats. The driver set off immediately.

The minibus charged up a road through the jungle, bouncing from puddle to puddle. Grandpa pulled out his iPhone and took a selfie.

The summit was even colder, wetter, rainier and more unpleasant. We paid a small fortune to borrow an umbrella and splashed towards the lake. My sister stopped by a fence.

“Where is it?” I said.

“I think . . . this is it,” she replied.

I squinted. Apart from a gleam of turquoise, the view was of one big cloud. Slowly the words started to form in my head. Just. Like. Scotland.

I thought remorsefully of the guidebook, how I’d put my sightseeing greed before my grandfather’s health. Then I noticed the sign: “Danger! Do not approach the sulphur if you have breathing problems.”

Grandpa, still coughing, was holding the umbrella. He beckoned me to join him. I didn’t know it then, but when we made it back to the car, he would be the first to warm up and spend the journey back telling us stories of surviving the war.

But at that moment, in the dreich rain, he gave me some advice I won’t forget.

“If anyone tells you to go and see a volcano,” he said, “you can tell them to fuck off.” 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution