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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The one where she turns into a USB stick: the worst uses of tech in films

The new film Worst Tinder Date Ever will join a long tradition of poorly-thought-through tech storylines.

News just in from Hollywood: someone is making a film about Tinder. What will they call it? Swipe Right, perhaps? I Super Like You? Some subtle allusion to the app’s small role in the plotline? Nope – according to Hollywood Reporterthe film has been christened Worst Tinder Date Ever.

With the exception of its heavily branded title (You’ve Got Gmail, anyone?), Worst Tinder Date Ever follows neatly in the tradition of writers manhandling tech into storylines. Because really, why does it matter if it was a Tinder date? This “rom com with action elements” reportedly focuses on the couple’s exploits after they meet on the app, so the dogged focus on it is presumably just a ploy to get millennial bums on cinema seats.  

Like the films on this list, it sounds like the tech in Worst Tinder Date Ever is just a byword for “modern and cool” – even as it demonstrates that the script is anything but.

Warning: spoilers ahead.

Lucy (2014)

Scarlett Johansson plays Lucy, a young woman who accidentally ingests large quantities of a new drug which promises to evolve your brain beyond normal human limits.

She evolves and evolves, gaining superhuman powers, until she hits peak human, and turns into first a supercomputer, and then a very long USB stick. USB-Lucy then texts Morgan Freeman's character on his fliphone to prove that: “I am everywhere.”

Beyond the obvious holes in this plotline (this wouldn’t happen if someone’s brain evolved; texting a phone is not a sign of omnipotence), USB sticks aren’t even that good – as Business Insider points out: “Flash drives are losing relevance because they can’t compete in speed and flexibility with cloud computing services . . . Flashdrives also can’t carry that much information.”

Star Wars: The Force Awakens (2015)

If you stare at it hard enough, the plotline in the latest Star Wars film boils down to the following: a gaggle of people travels across space in order to find a map showing Luke Skywalker’s location, held on a memory stick in a drawer in a spherical robot. Yep, those pesky flash drives again.

It later turns out that the map is incomplete, and the rest of it is in the hands of another robot, R2-D2, who won’t wake up for most of the film in order to spit out the missing fragment. Between them, creator George Lucas and writer and director JJ Abrams have dreamed up a dark vision of the future in which robots can talk and make decisions, but can’t email you a map.

Willy Wonka and the Chocolate Factory (1971)

In which a scientist uses a computer to find the “precise location of the three remaining golden tickets sent out into the world by Willy Wonka. When he asks it to spill the beans, it announces: “I won’t tell, that would be cheating.


Image: Paramount Pictures. 

The film inhabits a world where artificial intelligence has been achieved, but no one has thought to pull Charlie's poor grandparents out of extreme poverty, or design a computer with more than three buttons.

Independence Day (1996)

When an alien invasion threatens Earth, David Levinson (Jeff Goldblum) manages to stop it by hacking the alien spaceship and installing a virus. Using his Mac. Amazing, really, that aliens from across the universe would somehow use computing systems so similar to our own. 

Skyfall (2012)

In the Daniel Craig reboot of the series, MI6’s “Q” character (played by Ben Whishaw) becomes a computer expert, rather than just a gadget wizard. Unfortunately, this heralded some truly cringeworthy moments of “hacking” and “coding” in both Skyfall and Spectre (2014).

In the former, Bond and Q puzzle over a screen filled with a large, complex, web shape. They eventually realise it’s a map of subterranean London, but then the words security breach flash up, along with a skull. File under “films which make up their own operating systems because a command prompt box on a Windows desktop looks too boring”.

An honourable mention: Nelly and Kelly Rowland’s “Dilemma” (2009)

Not a movie, but how could we leave out a music video in which Kelly Rowland texts Nelly on a Microsoft Excel spreadsheet on a weird Nokia palm pilot?


Image: Vevo.

You’ll be waiting a long time for that response, Kelly. Try Tinder instead.

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