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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It’s 2016, so why do printers still suck?

Hewlett Packard recently prevented third-party cartridges from working in their printers, but this is just the latest chapter of home printing's dark and twisted history. 

In order to initiate their children into adulthood, the Sateré-Mawé tribe in the Brazilian Amazon weave stinging ants into gloves and ask teenage boys to wear them for a full ten minutes. The British have a similar rite of passage, though men, women, and children alike partake. At one point in their short, brutal little lives, every citizen must weep at the foot of a printer at 2am, alternatively stroking and swearing at it, before falling into a heap and repeating “But there is no paper jam” 21 times.

There are none alive that have escaped this fate, such is the unending crapness of the modern home printer. And against all odds, today printers have hit the news for becoming even worse, as a Hewlett Packard update means their machines now reject non-branded, third-party ink cartridges. Their printers now only work with the company’s own, more expensive ink.

Although it’s surprising that printers have become worse, we’re already very used to them not getting any better. The first personal printers were unleashed in 1981 and they seemingly received the same treatment as the humble umbrella: people looked at them and said, “What? No, this? No way this can be improved.”

It’s not true, of course, that printing technology has stagnated over the last 35 years. But in a world where we can 3D print clitorises, why can’t we reliably get our tax returns, Year 9 History projects, and insurance contracts from our screens onto an A4 piece of paper in less than two hours?

It’s more to do with business than it is technology. Inkjet printers are often sold at a loss, as many companies decide instead to make their money by selling ink cartridges (hence HP’s latest update). This is known as a “razor and blades” business model, whereby the initial item is sold at a low price in order to increase sales of a complementary good. It explains why your ink is so expensive, why it runs out so quickly, and the most common complaint of all: why your cyan cartridge has to be full in order to print in black and white.

But technology is complicit in the crime. HP’s new update utilises the chips on ink cartridges to tell whether a refill is one of their own, and have also previously been used to region-block cartridges so they can’t be sold on in other countries. Those little chips are also the thing that tells the printer when your ink is empty. Very good. Fine. Except in 2008, PC World found that some printers will claim the cartridges are empty when they are actually nearly half-full.

Back to business. Because this profit models means companies sell printers for so little, quality inevitably suffers. If they’re not selling them for much, companies will naturally try to keep the costs of making their printers down, and this is the reason for your “Load paper in tray two”s, your “Paper jam”s and your “Would you like to cancel this print job? Nope, sorry, too late, here are 100 copies.”

So why are printers bad at networking? This isn’t a set up to a lame joke (unless the joke is, of course, your life as you try to get your wireless printer and your PC to connect). There doesn’t seem to be a definitive answer to this, other than the fact that Bluetooth is still fairly patchy anyway. Some errors, just as you suspected, happen for no bloody damn good bloody reason at all.

On a bigger scale, the printers in your office are difficult because they work harder than you ever have. It’s a stressful job, for sure, and this naturally comes with errors and jams. The reason they are so hard to fix after the inevitable, however, again comes back to capitalism. Because printers don’t have a universal design, most companies will protect theirs, meaning you can’t know the specifics in order to fix a device yourself. This way, they also make money by sending out their own personal technicians.

Thankfully, although every personal printer you’ve ever bought seems to be on collaborative quest to drive you to madness, there is an easy fix. Buy a laser printer instead. Though the device and the replacement toner cartridges are more expensive, in the long-run you’ll most likely save money. In the meantime, there's only one solution: PC load letter. 

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