Supreme Court gives Copyswede right against Telia – it becomes cartridge tax on Iphone – IDG.se

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.

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“The decisive factor is 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 characteristics, “writes HD in a statement.

– the verdict is expected, but the warm 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 judgment will effectively guide the on Copyswede may require reimbursement of all smartphones sold in Sweden.

– Now HD clarified that the Iphone is particularly dedicated 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Read also: “Copyswede stands alone as the defender of the outdated copying fee “

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 Klas Elm, president of the organization Electronics Industry, says that it is a sign that the Swedish legislation is outdated.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 take up the case.

The Supreme Court’s judgment can be read here.