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Originally Posted by Suntory_Times /img/forum/go_quote.gif
Technically it does, it is just a persuasive precedent that doesn't have to be followed.
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Forgive my ignorance of the Swedish legal system, but I believe that Sweden is a code based system, in the Roman tradition, and their primary laws come mostly from the Swedish Code of Statutes. It looks like the appellate courts publish written opinions, but I don't know if those opinions become common law.
From what I gather, this was a decision of a lower court, and one that does not publish opinions. My best guess is that the Court issued some sort of verdict form without comment or opinion. I think this will have to get before an appellate court before anything citable will come out. And if Sweden is code-based, then any opinion won't be precedent. It'll just be an opinion.
As for the whole copyright/IP mess, I think that intellectual property should be taxed just like real and personal property. Maybe lay off the taxes for the first few years, but if you want to keep it going, then you have to pay up. And if you don't pay up, the work goes straight to the public domain.
This would solve a number of problems. For one, copyright has been pushed to ridiculous lengths almost entirely because of Mickey Mouse. Mickey's copyright was about up, so Disney paid off Congress to extend the copyright period.
I don't really have a problem with Disney keeping the copyright on their stuff, but that also affected a whole lot of other work that should be public domain. That's why I think it would be a good idea for Disney to pay X amount of dollars to preserve that copyright beyond the regular period. I think that's fair. Disney would get what they wanted, it wouldn't prevent other work from going to the public, and the public would benefit from the additional tax revenue.
I imagine that most corporations wouldn't be happy with that, but it would give them the protection they want as long as they paid for it. If we have to pay taxes on real and personal property, it's only fair to pay taxes on intellectual property, too.