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Last active June 10, 2016 12:49
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Telia may be forced to pay 73 million kronor in lost compensation.
Copyswede go out winning another major legal battle. Today, the Supreme Court
held that even the iPhone will be subject to the private copying levy.
Copyswede has sued TeliaSonera of 73 million in lost pay, but if it gets such
high sums not fixed today, but should be decided by the district court.
The court case is about whether the iPhone can be considered to be "particularly
suited" for private copying, which the Supreme Court then considers the case.
Read also: Have cassette taxes played out? Almost no private copying longer
according to new study
"Crucially the Court of devices have characteristics that make them highly
suited for private copying. In addition, you must be able to assume that they
will be used for private copying in a not insignificant extent. The assessment
may take into account the storage capacity, ease of use, price and other
properties, "writes HD in a statement.
- The verdict is expected but welcome. Many cultural creators are happy today.
They have been waiting for their benefits for years when large electronics
company refused to pay, run political campaigns and lawsuits against them,
writes Copyswede CEO Mattias Åkerlind in a statement.
This court case concerns a couple of iPhone models, but the judgment will
effectively guide the on Copyswede may require reimbursement of all smartphones
sold in Sweden.
- Now HD clarified that the Iphone is particularly devoted to private copying
and we must respect that. Now it is up to the court to examine the Telia and
other importers must pay to Copyswede, but one can say that the future will be
more expensive for consumers. It is they who will ultimately pay the cost of the
private copying compensation, says Telia's press officer Inger Gunterberg to
IDG.se.
For mobiles want Copyswede charge a fee of 3.50 per gigabyte of storage. If it
is put directly on the phone's final price would be an iPhone could be between
35 and 448 crowns more expensive depending on how much storage space it has.
Read also: "Copyswede stands alone as the defender of the obsolete copying levy
'
Today's ruling raises reactions in the industry. Klas Elm, president of the
organization Electronics Industry, says that it is a sign that the Swedish
legislation is outdated.
- It is offensive to the law, these consequences. It is unfair to consumers and
there solkar image of Sweden as a modern digital society. When the difference
between copyright law and reality has become too large, the risk of respect for
copyright eroded. Now the law must be changed so that we have a modern system of
remuneration for authors, says Klas Elm in a statement.
At the same time another big lawsuit between Copyswede and Samsung where the
organization requires money for the company's computer sales in Sweden. In
October Copyswede right by the district court, but the case was appealed to the
Svea Court of Appeal to review the case.
The Supreme Court's judgment can be read here.
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