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.

Show Hide image

Why did Julian Assange lose his internet connection?

Rumours of paedophilia have obscured the real reason the WikiLeaks founder has been cut off from the internet. 

In the most newsworthy example of "My house, my rules" this year, Julian Assange's dad (the Ecuadorian embassy in London) has cut off his internet because he's been a bad boy. 

Rumours that the WikiLeaks' founder was WiFi-less were confirmed by Ecuador's foreign ministry late last night, which released a statement saying it has "temporarily restricted access to part of its communications systems in its UK Embassy" where Assange has been granted asylum for the last four years. 

Claims that the embassy disconnected Assange because he had sent sexually explicit messages to an eight-year-old girl —first reported by the US political blog Daily Kos — have been quashed. Wikileaks responded by denying the claims on Twitter, as Ecuador explained the move was taken to prevent Assange's interference with the US election. The decision follows the publication of leaked emails from Hillary Clinton's campaign adviser John Podesta, as well as emails from the Democratic National Committee (DNC), by WikiLeaks.

Ecuador "respects the principle of non-intervention in the internal affairs of other states," read the statement, though the embassy have confirmed they will continue to grant Assange asylum. 

Assange first arrived at the Ecuadorian embassy in London in June 2012, after being sought for questioning in Sweden over an allegation of rape, which he denies. WikiLeaks claims this new accusation is a further attempt to frame Assange.  "An unknown entity posing as an internet dating agency prepared an elaborate plot to falsely claim that Julian Assange received US$1M from the Russian government and a second plot to frame him sexually molesting an eight year old girl," reads a news story on the official site.

It is unclear when Assange will be reconnected, although it will presumably be after the US presidential election on 8 November.

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