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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Space suicide: the sad but noble death of the Cassini probe

It’s not surprising that scientists and space geeks around the world will bid it adieu with a heavy heart.

Since April 2016, a Twitter bot called @CassiniNoooo has been tweeting out “Nooooo” followed by random numbers of “O”s. The last tweet sent by the bot is just “I......”.  

The account has been paying a light-hearted tribute to one of the most important important scientific projects of recent times, and one which is soon to come to an end. 

Launched in 1997, Cassini-Huygens is a plutonium-powered probe that has been circling Saturn since 2004. Providing teams of scientists with unparalleled images of Saturn and its moons, it has allowed experts to examine the composition of solar bodies one billion miles away.

But on 15 September, Cassini will begin its final mission, referred to by Nasa scientists as its "Grand Finale". It will shed its modules and sensors as it heads towards a final fiery death in Saturn's gaseous atmosphere.

When news of Cassini's impending end was announced in April, scientists, casual space fans, engineers, teachers and other assorted stargazers expressed sadness about the craft’s suicide mission. Many are expected to tune in to watch the live stream of the probe's final moments on Nasa’s dedicated webpage

Cassini has provided some of the most intriguing discoveries about our solar system. It discovered a saltwater ocean under the icy surface of one of Saturn’s moons, Enceladus, by "tasting" molecules – a finding that could, in theory, support alien life. It also took photographs of Titan, a moon bigger than Mercury, which enabled scientists on earth to discover liquid on its surface – only the second body in the universe to have free-standing liquid after our own planet. 

In a way, Cassini's discoveries signed its own death warrant. Potentially life-supporting pristine environments must not be contaminated by Earth-originating microbes and, left to its own devices, Cassini could collide with one of the moons it discovered so much about.

Faithful until its last moment, Cassini will be diving in and out of the space between Saturn and its rings as it reaches the end of its final orbit, a feat never achieved before, transmitting completely novel data that would be too risky to gather unless it was already destined for immolation.

Cassini's contribution to science, laid out in this oddly moving webpage from Nasa, not only allowed us a deeper understanding of our solar system, but also helped us picture other kinds of worlds. It's a service that has been recognised well beyond academics or professional scientists. One six-year-old is even throwing Cassini a goodbye party, with a themed cake and games – because, he said, it was the “only spacecraft he ever knew”. Others have tweeted out music composed for Cassini, and comics depicting their versions of its final moments.

It has not been easy for the scientists who had to approve the decision to kill Cassini. In a press conference on 4 April, roughly three weeks before Cassini started its final orbit, Linda Spilker, a planetary scientist at Nasa's Jet Propulsion Laboratory, admitted that it was hard to say goodbye to their “plucky, capable little spacecraft”. Some even referred the probe as their child.

On Earth, we get to think of these robotic explorers like astro-ambassadors, not least because so much of the current discussion around space monitoring centres on how information collected will enable life in space for humans. Now one of those ambassadors is about to make its final visit to a foreign planet, long before its creators will get to make their own introductions.