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.

Getty/Glu Games/New Statesman
Show Hide image

The second coming of Gordon Ramsay

A star is reborn. 

It would be a lie to say that Gordon Ramsay ever disappeared. The celebrity chef made his television debut in 1997 and went on to star in shows in 1998, 2001, 2004, 2005, 2006, 2007, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017. There hasn’t been a lull in Ramsay’s career, which has arguably gone from strength to strength. In 2000, he was cooking for Vladimir Putin and Tony Blair – in 2008, he ate the raw heart of a dead puffin.

Left: Gordon Ramsay shaking hands with Vladimir Putin. Right: Gordon Ramsay hugging a puffin (different from the one he ate).

Yet we are, undeniably, in the middle of a Ramsay renaissance. How? How could a man that conquered the last twenty years of cookery-based television have an upsurge in popularity? There are only so many television channels – so many amateur donkey chefs. Wrong. The internet has enabled a Ramsay resurgence, the second act of a play overflowing with blood, sweat, and French onion soup.

Wow.

We all, of course, know about Gordon’s Twitter account. Although started in 2010, the social media profile hit the headlines in February this year when Ramsay began rating food cooked by the world’s amateur-amateur chefs. But other elements of Ramsay’s internet celebrity are more miraculous and mysterious.

His official YouTube channel uploads, on average, three videos a week. Decades old clips from Kitchen Nightmares accumulate over three million views in as many days. A 15,000 follower-strong Facebook fan page for the show – which premiered in 2007 and ended in 2014 – was set up on 19 June 2017.

Wow, wow, wow, wow. Wow.       

A Google Trends graph showing an April 2017 surge in Ramsay's popularity, after a decline in 2014.                                      

What makes a meme dank? Academics don’t know. What is apparent is that a meme parodying Gordon Ramsay’s fury over missing lamb sauce (first aired on Hell’s Kitchen in 2006) had a dramatic upsurge in popularity in December 2016. This is far from Gordon’s only meme. Image macros featuring the star are captioned with fictitious tirades from the chef, for example: “This fish is so raw… it’s still trying to find Nemo”. A parody clip from The Late Late Show with James Cordon in which Ramsay calls a woman an “idiot sandwich” has been watched nearly five million times on YouTube.

And it is on YouTube where Ramsay memes most thrive. The commenters happily parrot the chef’s most memable moments, from “IT’S RAW” to the more forlorn “fuck me” after the news something is frozen. “HELLO MY NAME IS NINOOOOO!” is an astonishingly popular comment, copied from a clip in which a Kitchen Nightmares participant mocks his brother. If you have not seen it – you should.

But what does all this mean for Ramsay’s career? His YouTube channel and Facebook page are clearly meticulously managed by his team – who respond to popular memes by clipping and cutting new videos of classic Ramsay shows. Although this undoubtedly earns a fortune in ad revenue, Ramsay’s brand has capitalised on his internet fame in more concrete ways. The chef recently voiced Gordon Ramsay Dash, a mobile game by Glu Games Inc in which you can cook with the star and he will berate or praise you for your efforts. Ten bars of gold – which are required to get upgrades and advance in the game – cost 99p.

Can other celebrity chefs learn from Ramsay? A generation will never forgive that twisted, golden piece of meat, Jamie Oliver, for robbing them of their lunch time Turkey Twizzlers. But beyond this, the internet’s love is impossible to game. Any celebrity who tried to generate an online following similar to Ramsay’s would instantly fail. Ramsay’s second coming is so prolific and powerful because it is completely organic. In many ways, the chef is not resposible for it. 

In truth, the Ramsay renaissance only worked because it was - though the chef himself would not want to admit it - completely raw.

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