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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“WhatsApp isn't for parents”: how we contact all the different people in our lives

I wanted to find out how our digital hierarchies operate, so I asked people how they communicate with their family, friends, and colleagues. 

Recently, my family made an important decision. Too many conversations had petered out and decisions had been deferred because text messages had been going astray. Someone would end up calling someone else to talk for half an hour about how frustrating it was that they hadn’t replied to a question from three days ago, when all that was really required was a simple “Yes, see you there on Saturday”.

So, we became a WhatsApp-only family. It makes sense – we live on two different continents and travel quite a bit, and using the internet rather than cell service for sending text and pictures has already proved a lot more reliable. Still, though, when I need to tell my mum something and go to open the app, I can’t shake the feeling that it isn’t right. As far as I’m concerned, WhatsApp isn’t for parents; it’s for flatmates and groups of friends roughly the same age as me. It isn’t for your grandfather to pass on news of his latest Scrabble triumph.

This got me thinking – what is it about different methods of communication that make them feel appropriate to some people in our lives and not others? Why do I feel like text messages are inherently more “mum”, whereas Twitter DMs are really only for colleagues and creepy strangers? And does everyone have the same sense as I do? I’m a woman living in London in her late twenties and I work in the media: how does the hierarchy of digital communication methods look from other perspectives?

I designed a survey to try and find out. I asked respondents to select the means they use to communicate with people who occupy different roles in their lives, as well as for some basic personal information like where they live and how old they are.

I had hundreds of responses, from people of all ages and from all over the world (feedback came from places as far flung as Auckland, Puerto Rico and Kolkata). I think inevitably since I was promoting the survey via my own networks the respondents skewed to my own age group – 43 per cent were in the 22-30 bracket, but the second largest was 31-40 and the third was 51-60.

Nearly half of all respondents said that they would communicate with their mum and/or dad via phone call, while 47 per cent picked text message for siblings. The older the respondent, the more likely they were to pick phone call as the means of parental communication. Interestingly, for mums text messages came in a strong second (32 per cent), while with dads email and text tied on 24.7 per cent. The same goes for extended family – 44 per cent said they would call – but email came second on 35 per cent.

Facebook is the preferred means of communication for schoolfriends, at 52 per cent – something that was consistent across all age groups – whereas what I called “friends you’ve made as an adult” are mostly contacted via text message (56 per cent) or email (41 per cent). But there were some important distinctions made in the notes. One person commented: “When I have selected Facebook, I mean Facebook Messenger as a separate app on my phone and tablet rather than writing on their walls,” suggesting that there’s even greater nuance to how people are using the social network to stay in touch.

I’m unusual in using Twitter as a means of talking to colleagues, apparently: email came in at a whopping 70 per cent, followed distantly by text and phone call. Flat/housemates was a less conclusive spread, with 24 per cent using text messages, and 14 per cent apiece using WhatsApp and Facebook. Other messaging apps and systems that got frequently flagged for communicating with friends include: Telegram, Viber, Line, Instagram, Google Hangouts, iMessage and Skype chat. Interestingly, one person noted that “I haven't had a text from a person for months, now just a marketing channel for me”.

The majority of people still regard email as the most “official” means of digital communication, with twice as many people saying they would use it for their landlord as opposed to picking up the phone. And for the category I called “official, eg job application or complaint”, 92 per cent of respondents said they would use email.

Of course, there were lots of interactions that the survey couldn’t pick up – there were lots of comments of the kind that “I live with my mum and my partner, so it's mainly face to face”. What emerged as I was going through the data was that I am by no means alone in feeling that some methods of communication are more “appropriate” to people occupying particular roles in my life, but that we don’t agree on who goes with what.

There are myriad factors involved: when we first started using various apps and technologies; the age and tech literacy of both the person sending the message and the person receiving it; how we feel about privacy and security online; and much more besides. As technology has advanced, our means of communication have fragmented, and we’ve all gone in different directions. Somehow, it works.

That is, until my grandfather learns to use Snapchat – then all bets are off.

Caroline Crampton is web editor of the New Statesman.