The Supreme Court case which didn't break the internet

Do you "copy" a website just by reading it? No, thankfully.

The Supreme Court has ruled on NLA v PRCA, the case which could break, or save, the internet.

Some background: the Newspaper Licensing Agency took Meltwater, a media monitoring firm to court over whether or not it had to pay licence fees for sending links to its customers. Traditionally, monitoring firms had to pay the licensing agency for the right to distribute clippings of newspapers, because photocopying a newspaper is clearly an act of copying that requires a license. But as everything moved online, that clarity became blurred; and hence, a court case was brought.

We first reported on the case after it made it to the High Court in August, when an astonishingly bad precedent was set. It was ruled that viewing a website on a computer was an act of copying which required a license, just as if you had photocopied a newspaper. Although the ruling was made with regards to a specific scenario, it was general enough to apply to general use of the internet. Clicking on a link, even one which lead to entirely legal content, would, under that ruling, constitute copyright infringement. At the time, I said it "[put] at risk the basic skeleton of the internet."

Thankfully, the case was appealed to the Supreme Court (by the PRCA, a trade body of which Meltwater is a member), where it was ruled today that temporary copies made solely for the purpose of viewing copyrighted material are not infringing. The decision extends copyright exemption to "temporary copies made for the purpose of browsing by an unlicensed end-user", according to the judgement. It is based on European law which "identified very clearly the problem which has arisen" in this case, but which didn't quite specify that this particular method of viewing was covered. Once it is accepted that that law does cover the temporary copies made in this case, "much of the argument which the courts below accepted unravels."

Writing for the majority, Lord Sumption also accepted that the previous ruling would have had wide-ranging effects:

The issue has reached this court because it affects the operation of a service which is being made available on a commercial basis. But the same question potentially affects millions of non-commercial users of the internet who may, no doubt unwittingly, be incurring civil liability by viewing copyright material on the internet without the authority of the rights owner, for example because it has been unlawfully uploaded by a third party. Similar issues arise when viewers watch a broadcast on a digital television or a subscription television programme via a set-top box.

Since the ruling has implications for European law, it has been referred to the European Courts of Justice, which will now consider the question before any final ruling is issued by the Supreme Court.

Until then, and hopefully after, you can continue to use your computers as you were. Carry on.

Photograph: Getty Images

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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"Death to all Jews": Why Disney dropped YouTube's biggest star PewDiePie

The Minecraft vlogger turned internet celebrity's taste for shock comedy was too much for the family-focused corporation. 

Disney has cut ties with YouTube’s most-subscribed star after he paid two Sri Lankan men five dollars to hold up a sign that read “DEATH TO ALL JEWS”.

Feel free to read that sentence again, it’s not going anywhere.

A still from PewDiePie's video, via YouTube

PewDiePie, real name Felix Kjellberg, has over 53 million subscribers on YouTube, where his videos about gaming earned him over $15m last year. The 27-year-old, whose content is popular with children, came under fire this month after the Wall Street Journal investigated anti-Semitic comments in his videos. In one video, a man dressed as Jesus says “Hitler did absolutely nothing wrong”, while in another Kjellberg used freelance marketplace Fiverr to pay two men to hold up the offensive sign. The videos have since been deleted.

Jumpcut.

The Walt Disney Company became affiliated with PewDiePie after they bought Maker Studios, a network of YouTube stars, for nearly $1bn in 2014. Following the WSJ’s investigation, Maker dropped the star, stating: “Although Felix has created a following by being provocative and irreverent, he clearly went too far in this case and the resulting videos are inappropriate. Maker Studios has made the decision to end our affiliation with him going forward.”

When you sack a YouTube Star, makes no difference who they are.

Via Wall Street Journal

But why should the story stop there? Neo-nazi website The Daily Stormer are now defending PewDiePie, while the notoriously politically-incorrect 4Chan forum /pol/ have called him “our guy”.  

In his defence, Kjellberg wrote a blog post denying an affiliation with anti-Semitic groups and explained his actions, writing: “I was trying to show how crazy the modern world is, specifically some of the services available online.” In a video last December the star also said: "It's extremely annoying how I can't make jokes on my channel without anyone quoting it as actual facts, like something I actually said", before dressing as a soldier and listening to one of Hitler's speeches while smiling. 

Pause.

(If all of this sounds familiar, recall when disgraced YouTuber Sam Pepper claimed a video in which he groped unsuspecting females was a “social experiment”).

Play.

And yet the story still isn’t over. Disney have learned a hard lesson about assuming that YouTubers are the squeaky clean fairy-tale princes and princesses they often appear to be. Shay Butler, one of the original founders of Maker Studios, yesterday quit the internet after it was alleged he sent sexual messages to a cam girl via Twitter.

Butler is one of the original "family vloggers", and has spent nine years uploading daily videos of his five children to YouTube. A practicing Mormon, Butler has become emblematic of family values on the site. “My heart is sick,” he wrote on Twitter, neither confirming nor denying the allegations of his infidelity, “I have struggled with alcoholism for years… My purpose is to rehab.” 

The result is a very dark day for YouTube, which has now dropped Kjellberg from its premier advertising network, Google Preferred, and cancelled the second series of the star's reality show, Scare PewDiePie

Amelia Tait is a technology and digital culture writer at the New Statesman.