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.

Photo: Getty
Show Hide image

Move objects with your mind – telekinesis is coming to a human brain near you

If a user puts on the Neurable headset, they can move virtual objects with their thoughts. 

On 30 July, a blog post on Medium by Michael Thompson, the vice-president of Boston-based start-up Neurable, said his company had perfected a kind of technology which would be “redrawing the boundaries of human experience”. 

Neurable had just fulfilled the pipe dreams of science fiction enthusiasts and video game fanboys, according to Thompson – it had created a telekinetic EEG strap. In plain English, if a user puts on the Neurable headset, and plays a specially-designed virtual reality video game, they can move virtual objects with their thoughts. 

Madrid-based gaming company eStudioFuture collaborated with Neurable to create the game, Awakening. In it, the user breaks out of a government lab, battles robots and interacts with objects around them, all hands-free with Neurable's headset. Awakening debuted at SIGGRAPH, a computer graphics conference in Boston, where it was well received by consumers and investors alike.

The strap (or peripheral, as it’s referred to) works by modifying the industry standard headset of oversized goggles. Neurable's addition has a comb-like structure that reaches past your hair to make contact with the scalp, then detects brain activity via electroencephalogram (EEG) sensors. These detect specific kinds of neural signals. Thanks to a combination of machine-learning software and eye-tracking technology, all the user of the headset has to do is think the word “grab”, and that object will move – for example, throwing a box at the robot trying to stop you from breaking out of a government lab. 

The current conversation around virtual reality, and technologies like it, lurches between optimism and cynicism. Critics have highlighted the narrow range of uses that the current technology is aimed at (think fun facial filters on Snapchat). But after the debut of virtual reality headsets Oculus Rift and HTC Vive at 2016’s Game Developers conference, entrepreneurs are increasingly taking notice of virtual reality's potential to make everyday life more convenient.

Tech giants such as Microsoft, Facebook and Google have all been in on the game since as far back as 2014, when Facebook bought Oculus (of Oculus Rift). Then, in 2016, Nintendo and Niantic (an off-shoot from Google) launched Pokémon Go. One of Microsoft’s leading technical fellows, Alex Kipman, told Polygon that distinctions between virtual reality, augmented reality and mixed reality were arbitrary: "At the end of the day, it’s all on a continuum." 

Oculus’s Jason Rubin has emphasised the potential that VR has to make human life that much more interesting or efficient. Say that you're undergoing a home renovation – potentially, with VR technology, you could pop on your headset and see a hologram of your living room. You could move your virtual furniture around with minimal effort, and then do exactly the same in reality – in half the time and effort. IKEA already offers a similar service in store – imagine being able to do it yourself.

Any kind of experience that is in part virtual reality – from video games to online tours of holiday destinations to interactive displays at museums – will become much more immersive.

Microsoft’s Hololens is already being trialled at University College London Hospital, where students can study detailed holograms of organs, and patients can get an in-depth look at their insides projected in front of them (Hololens won’t be commercially available for a while.) Neurable's ambitions go beyond video games – its headset was designed by neuroscientists who had spent years working in neurotechnology. It offers the potential for important scientific and technological breakthroughs in areas such as prosthetic limbs. 

Whether it was a childhood obsession with Star Wars or out of sheer laziness, as a society, we remain fascinated by the thought of being able to move objects with our minds. But in actual realityVR and similar technologies bring with them a set of prickly questions.

Will students at well-funded schools be able to get a more in-depth look at topography in a geography lesson through VR headsets than their counterparts elsewhere? Would companies be able to maintain a grip on what people do in virtual reality, or would people eventually start to make their own (there are already plenty of DIY tutorials on the internet)? Will governments be able to regulate and monitor the use of insidious technology like augmented reality or mixed reality, and make sure that it doesn't become potentially harmful to minors or infringe on privacy rights? 

Worldwide spending on items such as virtual reality headsets and games is forecast to double every year until 2021, according to recent figures. Industry experts and innovators tend to agree that it remains extremely unlikely you’ll walk into someone examining a hologram on the street. All the same, VR technology like Neurable’s is slowly creeping into the fabric of our lived environment.