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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Clickbaiting terror: what it’s like to write viral news after a tragedy

Does the viral news cycle callously capitalise on terrorism, or is it allowing a different audience to access important news and facts?

On a normal day, Alex* will write anywhere between five to ten articles. As a content creator for a large viral news site, they [Alex is speaking under the condition of strict anonymity, meaning their gender will remain unidentified] will churn out multiple 500-word stories on adorable animals, optical illusions, and sex. “People always want to read about sexuality, numbers of sexual partners, porn habits and orgasms,” says Alex. “What is important is making the content easily-digestible and engaging.”

Alex is so proficient at knowing which articles will perform well that they frequently “seek stories that fit a certain template”. Though the word “clickbait” conjures up images of cute cat capers, Alex says political stories that “pander to prejudices” generate a large number of page views for the site. Many viral writers know how to tap into such stories so their takes are shared widely – which explains the remarkably similar headlines atop many internet articles. “This will restore your faith in humanity,” could be one; “This one weird trick will change your life…” another. The most cliché example of this is now so widely mocked that it has fallen out of favour:

You’ll never believe what happened next.

When the world stops because of a tragedy, viral newsrooms don’t. After a terrorist attack such as this week’s Manchester Arena bombing, internet media sites do away with their usual stories. One day, their homepages will be filled with traditional clickbait (“Mum Sickened After Discovery Inside Her Daughter’s Easter Egg”, “This Man’s Blackhead Removal Technique Is A Complete And Utter Gamechanger”) and the next, their clickbait has taken a remarkably more tragic tone (“New Footage Shows Moment Explosion Took Place Inside Manchester Arena”, “Nicki Minaj, Rihanna, Bruno Mars and More React to the Manchester Bombing”).

“When a terrorist event occurs, there’s an initial vacuum for viral news,” explains Alex. Instead of getting reporters on the scene or ringing press officers like a traditional newsroom, Alex says viral news is “conversation-driven” – meaning much of it regurgitates what is said on social media. This can lead to false stories spreading. On Tuesday, multiple viral outlets reported – based on Facebook posts and tweets – that over 50 accompanied children had been led to a nearby Holiday Inn. When BuzzFeed attempted to verify this, a spokesperson for the hotel chain denied the claim.

Yet BuzzFeed is the perfect proof that viral news and serious news can coexist under the same roof. Originally famed for its clickable content, the website is now home to a serious and prominent team of investigative journalists. Yet the site has different journalists on different beats, so that someone writes about politics and someone else about lifestyle or food.

Other organisations have a different approach. Sam* works at another large viral site (not Buzzfeed) where they are responsible for writing across topics; they explains how this works:  

“One minute you're doing something about a tweet a footballer did, the next it's the trailer for a new movie, and then bam, there's a general election being called and you have to jump on it,” they say.

Yet Sam is confident that they cover tragedy correctly. Though they feel viral news previously used to disingenuously “profiteer” off terrorism with loosely related image posts, they say their current outlet works hard to cover tragic news. “It’s not a race to generate traffic,” they say, “We won't post content that we think would generate traffic while people are grieving and in a state of shock, and we're not going to clickbait the headlines to try and manipulate it into that for obvious reasons.”

Sam goes as far as to say that their viral site in fact has higher editorial standards than “some of the big papers”. Those who might find themselves disturbed to see today’s explosions alongside yesterday’s cats will do well to remember that “traditional” journalists do not always have a great reputation for covering tragedy.

At 12pm on Tuesday, Daniel Hett tweeted that over 50 journalists had contacted him since he had posted on the site that his brother, Martyn, was missing after the Manchester attack. Hett claimed two journalists had found his personal mobile phone number, and he uploaded an image of a note a Telegraph reporter had posted through his letterbox. “This cunt found my house. I still don't know if my brother is alive,” read the accompanying caption. Tragically it turned out that Martyn was among the bomber's victims.

Long-established newspapers and magazines can clearly behave just as poorly as any newly formed media company. But although they might not always follow the rules, traditional newspapers do have them. Many writers for viral news sites have no formal ethical or journalistic training, with little guidance provided by their companies, which can cause problems when tragic news breaks.

It remains to be seen whether self-policing will be enough. Though false news has been spread, many of this week’s terror-focused viral news stories do shed light on missing people or raise awareness of how people can donate blood. Many viral news sites also have gigantic Facebook followings that far outstrip those of daily newspapers – meaning they can reach more people. In this way, Sam feels their work is important. Alex, however, is less optimistic.

“My personal view is that viral news does very little to inform people at times like this and that trending reporters probably end up feeling very small about their jobs,” says Alex. “You feel limited by the scope of your flippant style and by what the public is interested in.

“You can end up feeding the most divisive impulses of an angry public if you aren’t careful about what conversations you’re prompting. People switch onto the news around events like this and traffic rises, but ironically it’s probably when trending reporters go most into their shells and into well-worn story formats. It’s not really our time or place, and to try and make it so feels childish.”

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

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