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

The science and technology committee debacle shows how we're failing women in tech

It would be funny if it wasn’t so depressing.

Five days after Theresa May announced, in her first Prime Minister’s Questions after the summer recess, that she was "particularly keen to address the stereotype about women in engineering", an all-male parliamentary science and technology committee was announced. You would laugh if it wasn’t all so depressing.

It was only later, after a fierce backlash against the selection, that Conservative MP Vicky Ford was also appointed to the committee. I don’t need to say that having only one female voice represents more than an oversight: it’s simply unacceptable. And as if to rub salt into the wound, at the time of writing, Ford has still not been added to the committee list on parliament's website.

To the credit of Norman Lamb, the Liberal Democrat MP who was elected chair of the committee in July, he said that he didn't "see how we can proceed without women". "It sends out a dreadful message at a time when we need to convince far more girls to pursue Stem [Science, Technology, Engineering and Mathematics] subjects," he added. But as many people have pointed out already, it’s the parties who nominate members, and that’s partly why this scenario is worrying. The nominations are a representation of those who represent us.

Government policy has so far completely failed to tap into the huge pool of talented women we have in this country – and there are still not enough women in parliament overall.

Women cannot be considered an afterthought, and in the case of the science and technology committee they have quite clearly been treated as such. While Ford will be a loud and clear voice on the committee, one person alone can’t address the major failings of government policy in improving conditions for women in science and technology.

Study after study has shown why it is essential for the UK economy that women participate in the labour force. And in Stem, where there is undeniably a strong anti-female bias and yet a high demand for people with specialist skills, it is even more pressing.

According to data from the Women’s Engineering Society, 16 per cent of UK Stem undergraduates are female. That statistic illustrates two things. First, that there is clearly a huge problem that begins early in the lives of British women, and that this leads to woefully low female representation on Stem university courses. Secondly, unless our society dramatically changes the way it thinks about women and Stem, and thereby encourages girls to pursue these subjects and careers, we have no hope of addressing the massive shortage in graduates with technical skills.

It’s quite ironic that the Commons science and technology committee recently published a report stating that the digital skills gap was costing the UK economy £63bn a year in lost GDP.

Read more: Why does the science and technology committee have no women – and a climate sceptic?

Female representation in Stem industries wasn’t addressed at all in the government’s Brexit position paper on science, nor was it dealt with in any real depth in the digital strategy paper released in April. In fact, in the 16-page Brexit position paper, the words "women", "female" and "diversity" did not appear once. And now, with the appointment of the nearly all-male committee, it isn't hard to see why.

Many social issues still affect women, not only in Stem industries but in the workplace more broadly. From the difficulties facing mothers returning to work after having children, to the systemic pay inequality that women face across most sectors, it is clear that there is still a vast amount of work to be done by this government.

The committee does not represent the scientific community in the UK, and is fundamentally lacking in the diversity of thought and experience necessary to effectively scrutinise government policy. It leads you to wonder which century we’re living in. Quite simply, this represents a total failure of democracy.

Pip Wilson is a tech entrepreneur, angel investor and CEO of amicable