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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Did your personality determine whether you voted for Brexit? Research suggests so

The Online Privacy Foundation found Leave voters were significantly more likely to be authoritarian and conscientious. 

"Before referendum day, I said the winners would be those who told the most convincing lies," Paul Flynn, a Labour MP, wrote in these pages. "Leave did." The idea that those who voted for Brexit were somehow manipulated is widely accepted by the Remain camp. The Leave campaign, so the argument goes, played on voters' fears and exploited their low numeracy. And new research from the Online Privacy Foundation suggests this argument may, in part at least, be right. 

Over the last 18 months the organisation have researched differences in personality traits, levels of authoritarianism, numeracy, thinking styles and cognitive biases between EU referendum voters. The organisation conducted a series of studies, capturing over 11,000 responses to self-report psychology questionnaires and controlled experiments, with the final results scheduled to be presented at the International Conference on Political Psychology in Copenhagen in October 2017.

The researchers questioned voters using the "Five Factor Model" which consists of five broad personality traits - Openness, Conscientiousness, Extraversion, Agreeableness and Neuroticism. They also considered the disposition of authoritarianism (it is not considered a personality trait). Authoritarians have a more black and white view of the world around them, are more concerned with the upkeep of established societal traditions and have a tendency to be less accepting of outsiders. 

So what did they uncover? Participants expressing an intent to vote to leave the EU reported significantly higher levels of authoritarianism and conscientiousness, and lower levels of openness and neuroticism than voters expressing an intent to vote to remain. (Conscientiousness is associated with dependability, dutifulness, focus and adherence to societal norms in contrast to disorganisation, carelessness and impulsivity.)

Immigration in particular seems to have affected voting. While authoritarians were much more likely to vote Leave to begin with, those who were less authoritarian became increasingly likely to vote Leave if they expressed high levels of concern over immigration. These findings chime with research by the Professors Marc Hetherington and Elizabeth Suhay, which found that Americans became susceptible to "authoritarian thinking" when they perceived a grave threat to their safety. 

Then there's what you might call the £350m question - did Leave voters know what they were voting for? When the Online Privacy Foundation researchers compared Leave voters with Remain voters, they displayed significantly lower levels of numeracy, reasoning and appeared more impulsive. In all three areas, older voters performed significantly worse than young voters intending to vote the same way.

Even when voters were able to interpret statistics, their ability to do so could be overcome by partisanship. In one striking study, when voters were asked to interpret statistics about whether a skin cream increases or decreases a rash, they were able to interpret them correctly roughly 57 per cent of the time. But when voters were asked to interpret the same set of statistics, but told they were about whether immigration increases or decreases crime, something disturbing happened. 

If the statistics didn't support a voter's view, their ability to correctly interpret the numbers dropped, in some cases, by almost a half. 

Before Remoaners start to crow, this study is not an affirmation that "I'm smart, you're dumb". Further research could be done, for example, on the role of age and education (young graduates were far more likely to vote Remain). But in the meantime, there is a question that needs to be answered - are political campaigners deliberately exploiting these personality traits? 

Chris Sumner, from the Online Privacy Foundation, warns that in the era of Big Data, clues about our personalities are collected online: "In the era of Big Data, these clues are aggregated, transformed and sold by a burgeoning industry."

Indeed, Cambridge Analytica, a data company associated with the political right in the UK and US, states on its website that it can "more effectively engage and persuade voters using specially tailored language and visual ad combinations crafted with insights gleaned from behavioral understandings of your electorate". It will do so through a "blend of big data analytics and behavioural psychology". 

"Given the differences observed between Leave and Remain voters, and irrespective of which campaign, it is reasonable to hypothesize that industrial-scale psychographic profiling would have been a highly effective strategy," Sumner says. By identifying voters with different personalities and attitudes, such campaigns could target "the most persuadable voters with messages most likely to influence their vote". Indeed, in research yet to be published, the Online Privacy Foundation targeted groups with differing attitudes to civil liberties based on psychographic indicators associated with authoritarianism. The findings, says Sumner, illustrate "the ease with which individuals' inherent differences could be exploited". 

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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