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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Which companies are making driverless cars, and what are their competing visions for the future?

An increasing number of tech giants are populating the driverless car market. Where do each of them stand on ambition, innovation, and safety?

The driverless car has metamorphosed from a superfluous autonomous machine to the vehicle of choice for tech giants hoping to boast their technical prowess and visionary thinking.

The name of the Silicon Valley game has always been innovation, and the chance to merge quadruped hardware with self-regulating software has offered companies a new way to reinvent themselves and their visions. A new means by which to edge each other out in a race to the top of a Fritz Lang-style global metropolis, whose technocratic ruler would be the company capable of aligning their driverless transportation dreams with those of the public.

Racing quite literally out of the blocks in this race to showcase its driverless vehicles has been Uber. Having already expanded its operations as a taxi service from the streets of San Francisco to more than 300 countries worldwide, Uber went and pushed out its sample line of driverless cars in Pittsburgh last week.

Uber CEO Travis Kalanick has previously stated that the need for the company to delve into driverless cars is “basically existential”, which explains why Uber seems to be so keen to come out with a working model first. It’s a vision that seeks to cut the cost of ride-hailing by slashing the cost of human drivers, and hopes to offer a safer alternative for passengers who must place an unwarranted trust in a driver they’ve never met to shuttle them safely to their destinations.

Uber’s driverless cars are designed with Volvo, and currently require technicians at hand for potential intervention, but aims to phase these out. It has had the distinct advantage of analysing data from all the road miles made by Uber drivers so far. If Uber has its way, car ownership could be a thing of the past. Speaking to Reuters, an Uber spokesperson confirmed this, saying: “Our goal is to replace private car ownership.”

There are a number of issues at hand with Uber’s approach. The fleet of cars displayed in Pittsburgh was in fact not a fleet – there was a grand total of four for viewing, making it impossible to visualise how a fully-fledged system would work.

A more pressing issue is Uber’s timeframe: in comparison to other companies in the market, Uber is aiming for mass-market spread within a few years – far too soon according to experts who think that safety measures will be compromised, and adherence to future regulations avoided, as a result. Uber currently lacks an ethics committee, creating a grey area in determining what happens if one of these cars is involved in an accident.

Perhaps demonstrating even greater ambition, given its sheer dominance over the market, is Google. Taking on the challenge of autonomy and safety on busy city streets, Google seems to be well-equipped given its unrivalled mapping data.

First revealed in 2010, Google’s self-driving car project is expected to come into service sometime in the 2020s. Accidents and traffic could be a thing of the past, they say. Chris Urmson, who headed the project until recently, believes that these cars will work based on a positive feedback system, one which allows them to improve the more they are put into practice. As one car learns, every car will learn. Shared data means the rate of improvement for Google’s driverless cars will be exponential.

Showing no sign of a slow-up in its ambitions, Apple, a company which has found a way into the psyche of its acolytes, is thought to be getting involved in the cars of the future too. Links have been made between Apple and McLaren, with a £1.2bn acquisition rumoured. It would come as no surprise if Apple did this; its greatest successes came in convincing consumers that they needed their products, and a possible iCar could do the same.

A tamer approach to driverless cars is coming from the companies who identify themselves as automotive ones as opposed to tech ones. Tesla has led the pack with its driver-assist technology. Its Model S is “designed to get better over time”, using a “unique combination of cameras, radar, ultrasonic sensors and data to automatically steer down the highway, change lanes, and adjust speed in response to traffic”.

Following the first death of a person in an autopilot mode Tesla Model S car in May this year, the media and consumers were quick to issue warnings over the safety of the Tesla autopilot mode. Though Tesla CEO Elon Musk was quick to offer his condolences to the family of Joshua Brown, the driver who crashed in the vehicle in Florida, he was firm in his insistence that Tesla was not to blame. Musk explained that this was the first documented death of a person in a Tesla on autopilot mode after an accumulative total of 130 million miles driven by its customers, whereas “among all vehicles in the US, there is a fatality every 94 million miles”.

When put into perspective, it’s clear to see how a paranoid hysteria surrounds the rolling out of driverless vehicles. Safety has always been one of the key proponents for their use; by removing the risk of human error, we are able to create a safer road environment, as highlighted by Musk.

Earlier this year, Ford launched Ford Smart Mobility – its start-up-styled initiative designed to encourage ride sharing. By creating a small subset team to work on the technology, Ford is safeguarding itself from unforeseeable failures with driverless cars by maintaining its production of normal ones. Its cars have had elements of automation introduced incrementally, such as implanted sensors that enable these cars to park themselves. Ford hopes to have some sort of ride-sharing service in action by 2021.

BMW, Volvo and Audi are taking the cautious road too. BMW is making use of GPS to chart safe routes for its cars. In comparison to Google’s mapping, BMW’s system seems much more primitive, suggesting that the pace of development is dictated by accessibility to technology beyond vehicles. Volvo focuses on safety too and hopes that Volvo cars will be involved in no accidents by 2020 due to automation.

As we enter a market in which the top tech companies will be meeting at crossroads in their driverless cars, competing visions and levels of ambition will create a new relationship of trust between consumers and driverless car producers. There is no doubt that driverless cars will be here to stay, our roads one day teeming with passengers who get to relax on the roads. Taking your hands off the wheel will eventually become the norm, but don’t expect to be free-wheeling worldwide for a while yet.