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.

Flickr/Jacob Enos
Show Hide image

Personal experiences – not just biology – shape who you find attractive

Researchers find past experiences play a role in identifying why people are attracted to certain individuals.

A new study suggests personal experiences influence our attraction to our preferred partners. It was previously thought genes played a bigger role, as they do in forming other examples of behaviour and character traits. Just reflect on the number of times you've been singled out by a family member for acting like one of your parents, either offensively or in a praiseworthy way.

There are certain characteristics that lead people to judge particular faces as more attractive than others, such as the level of symmetry. However, people still dispute others' opinions when judging facial attractiveness – it's subjective. After all, what else is the purpose of the romantic lead's sassy best friend in any rom-com or book? Or just think how boring conversations with your friends would be without such intense and passionate disagreements.

The researchers used twins as participants in the study in order to monitor these differences and disagreements in opinion. This was necessary because twins are, by definition, genetically identical, allowing the scientists to rule out genetic differences as a reason in explaining their findings.

A total of 547 sets of identical twins and 214 sets of fraternal twins (siblings sharing half of their DNA) were asked to judge the facial attractiveness of 102 female faces and 98 male faces, and give each face a rating based on preference. The results showed, on average, the twins agreed with each other 48 per cent of the time, and disagreed on facial attractiveness 52 per cent. Had the numbers been closer for both the identical and fraternal groups, this would have shown genes were more influential in determining our levels of attraction to others.

The study concluded the reason behind this difference was primarily based on an individual's unique environmental factors (the scientific phrase for "past experiences"), at 78 per cent.

Previous studies have shown aesthetic preferences are based on a range of other factors too, including socioeconomic and cultural features, the rater's own facial features and also personality. (See, it's not always about looks.) The authors were also able to determine how our genes influence facial recognition during this same experiment, if not our preferences.

Discovering that a personality characteristic is influenced by our environment is another highlight in the field of behavioural genetics, as it was previously thought "nature beats nurture" in many aspects of an individual's behaviour. However, this study shows that a person's experiences are unique even between family members.