The Supreme Court ruling which could break, or save, the internet

Do you "copy" a website just by reading it?

Last August, I wrote about the High Court ruling which could break the internet. The Newspaper Licensing Agency, which exists to grant licenses to organisations — mainly media monitors — which need to make copies of newspapers, had taken a PR company called Meltwater to court. Meltwater's crime was realising that, rather than photocopying papers and sending them to clients (which undoubtedly requires a license), they could just send them links instead.

Clearly that breaks the NLA's business model, and the agency took Meltwater to court, arguing that even the link-sharing model was a breach of copyright. Astonishingly, they won, with two arguments which betrayed a complete lack of understanding about how the internet works, and which, if they become an accepted part of UK case law, threaten the backbone of social interaction online.

The first argument the NLA made was that the act of sharing a link with a headline was itself potentially infringing on copyright. The judge concurred, arguing that crafting a newspaper headline takes skill and that this headline must be a protected work in its own right.

Traditionally, titles of creative works aren't copyrightable (although they may be trademarkable) which is why, for instance, there are multiple films called the Last Stand and multiple songs called the Look of Love. The ruling effectively makes newspaper headlines into very short poems — which may be true for some, but is unlikely to be the case for most.

The second argument was that, since the act of viewing a webpage involves creating a copy of it on your computer, Meltwater and their clients had infringed the implied license granted by the newspapers, and had to pay for an explicit right to read the content.

Quite apart from the fact that that argument is on shaky legal ground — European case law calls for a temporary copy exemption which covers precisely that type of use — it is also entirely at odds with how the internet works. It is akin to saying that, because you have to make a copy of a book on your retinas to read it, you could be sued for copyright infringement if you breach the "implicit license" that it's not to be read on holiday.

The rulings were appealed once, to the High Court, where both were upheld, and Meltwater — which has been joined by the PR industry's trade body, the PRCA — are now appealing to the Supreme Court. Sadly, they have dropped their objection to the first point of law, which means that newspaper headlines remain copyrighted and that, theoretically, you could be sued for tweeting a link to a piece with its headline if you don't have a license.

On the second point, however, the PRCA is appealing, and argues (correctly) that:

A temporary copy created on the screen of a computer simply as a technical necessity to allow the user to read the article should be considered to be within the temporary copying exception from copyright law. Reading a work should not be considered unlawful simply because one reads the work on a computer or other device as opposed to in print.

The NLA argues that the ruling is unlikely to affect anyone outside their business, but the language of the High Court's judgement is too open for that to be the case. Hopefully the Supreme Court will see sense, and dial back the power it has given copyright holders in favour of internet users nationwide. The case begins on Monday.

A sad mac. Photograph: Etsy/pixelparty

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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Amazon's unlikely role in the Calais relief efforts

Campaigners are using Amazon's wishlist feature - more commonly used for weddings and birthdays - to rally supplies for the thousands camped at Calais. 

Today and yesterday, relief efforts have sprung up across the web and IRL following the publication of shocking photos of a drowned refugee child. People are collecting second hand clothes and food, telling David Cameron to offer refuge, and generally funneling support and supplies to the thousands in Calais and across Europe who have been forced from their homes by conflict in Syria and elsewhere. 

One campaign, however, stuck out in its use of technology to crowdsource supplies for the Calais camp. An Amazon wishlist page - more familiar as a way to circulate birthday lists or extravagant wedding registries - has been set up as part of the  #KentforCalais and #HelpCalais campaigns, and is collecting donations of clothes, food, toiletries, tents and sleeping supplies. 

Judging by the Twitter feed of writer and presenter Dawn O'Porter, one of the list's organisers, shoppers have come thick and fast. Earlier today, another user tweeted that there were only six items left on the list - because items had sold out, or the requested number had already been purchased - and O'Porter tweeted shortly after that another list had been made. Items ordered through the list will be delivered to organisers and than transported to Calais in a truck on 17 September. 

This, of course, is only one campaign among many, but the repurposing of an Amazon feature designed to satiate first world materialism as a method of crisis relief seems to symbolise the spirit of the efforts as a whole. Elsewhere, Change.org petitions, clothes drives organised via Facebook, and Twitter momentum (which, in this case, seems to stretch beyond the standard media echo chamber) have allowed internet users to pool their anger, funds and second-hand clothes in the space of 24 hours. It's worth noting that Amazon will profit from any purchases made through the wishlist, but that doesn't totally undermine its usefulness as a way to quickly and easily donate supplies. 

Last year, I spoke to US writer and urbanist Adam Greenfield, who was involved New York's Occupy Sandy movement (which offered relief after after hurricane Sandy hit New York in 2011) and he emphasised the centrality of technology to the relief effort in New York:

Occupy Sandy relied completely on a Googledocs spreadsheet and an Amazon wishlist.  There was a social desire that catalysed uses of technology through it and around it. And if that technology didn't exist it might not have worked the way it did. 

So it's worth remembering, even as Amazon suffers what may be the worst PR disaster in its history and Silicon Valley's working culture is revealed to be even worse than we thought, that technology, in the right hands, can help us make the world a better place. 

You can buy items on the Amazon wishlist here or see our list of other ways to help here

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.