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.

Photo: Getty
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Space suicide: the sad but noble death of the Cassini probe

It’s not surprising that scientists and space geeks around the world will bid it adieu with a heavy heart.

Since April 2016, a Twitter bot called @CassiniNoooo has been tweeting out “Nooooo” followed by random numbers of “O”s. The last tweet sent by the bot is just “I......”.  

The account has been paying a light-hearted tribute to one of the most important important scientific projects of recent times, and one which is soon to come to an end. 

Launched in 1997, Cassini-Huygens is a plutonium-powered probe that has been circling Saturn since 2004. Providing teams of scientists with unparalleled images of Saturn and its moons, it has allowed experts to examine the composition of solar bodies one billion miles away.

But on 15 September, Cassini will begin its final mission, referred to by Nasa scientists as its "Grand Finale". It will shed its modules and sensors as it heads towards a final fiery death in Saturn's gaseous atmosphere.

When news of Cassini's impending end was announced in April, scientists, casual space fans, engineers, teachers and other assorted stargazers expressed sadness about the craft’s suicide mission. Many are expected to tune in to watch the live stream of the probe's final moments on Nasa’s dedicated webpage

Cassini has provided some of the most intriguing discoveries about our solar system. It discovered a saltwater ocean under the icy surface of one of Saturn’s moons, Enceladus, by "tasting" molecules – a finding that could, in theory, support alien life. It also took photographs of Titan, a moon bigger than Mercury, which enabled scientists on earth to discover liquid on its surface – only the second body in the universe to have free-standing liquid after our own planet. 

In a way, Cassini's discoveries signed its own death warrant. Potentially life-supporting pristine environments must not be contaminated by Earth-originating microbes and, left to its own devices, Cassini could collide with one of the moons it discovered so much about.

Faithful until its last moment, Cassini will be diving in and out of the space between Saturn and its rings as it reaches the end of its final orbit, a feat never achieved before, transmitting completely novel data that would be too risky to gather unless it was already destined for immolation.

Cassini's contribution to science, laid out in this oddly moving webpage from Nasa, not only allowed us a deeper understanding of our solar system, but also helped us picture other kinds of worlds. It's a service that has been recognised well beyond academics or professional scientists. One six-year-old is even throwing Cassini a goodbye party, with a themed cake and games – because, he said, it was the “only spacecraft he ever knew”. Others have tweeted out music composed for Cassini, and comics depicting their versions of its final moments.

It has not been easy for the scientists who had to approve the decision to kill Cassini. In a press conference on 4 April, roughly three weeks before Cassini started its final orbit, Linda Spilker, a planetary scientist at Nasa's Jet Propulsion Laboratory, admitted that it was hard to say goodbye to their “plucky, capable little spacecraft”. Some even referred the probe as their child.

On Earth, we get to think of these robotic explorers like astro-ambassadors, not least because so much of the current discussion around space monitoring centres on how information collected will enable life in space for humans. Now one of those ambassadors is about to make its final visit to a foreign planet, long before its creators will get to make their own introductions.