UK — The Register
Microsoft’s second-hand licensing appeal gets the brush-off
Policy1 min read
Microsoft lost its request to take a UK legal fight with ValueLicensing to the Supreme Court. The fight is over whether people can resell old Microsoft software licenses.
The appeal was refused
The Court of Appeal in the UK said no to Microsoft's request to appeal to the UK Supreme Court. The court gave no reasons. It only wrote that the application was refused. Microsoft still has a small chance to ask the Supreme Court directly, but it must file within 28 days and give a strong reason.
How the case started
ValueLicensing sued Microsoft in 2021 for £270 million. It said Microsoft blocked the supply of spare Office licenses. A license is the permission to use software. In November 2025, a court ruled that ValueLicensing may resell used software licenses. Microsoft said it would seek permission to appeal, but the request was turned down. Microsoft first said the case was about copyright, but the UK Competition Appeal Tribunal rejected that view.
Key facts
- ValueLicensing sued for £270 million.
- The November 2025 ruling said ValueLicensing may resell pre-owned software licenses.
- Microsoft has 28 days to ask the Supreme Court itself.
- A separate claim seeks between £1.3 billion and £3.5 billion from Microsoft for UK customers.
Why it matters
The case could change how old software licenses are sold and used. It also adds pressure on Microsoft. A court order now asks for documents from past and present Microsoft leaders. One document, a 2013 presentation called "Second-Hand Software Presentation," is called a "Known Adverse Document." Its contents are not public yet.
What to watch
- Whether Microsoft asks the UK Supreme Court to hear the case within 28 days.
- The witness statement Microsoft must write about who knew what and when.
- What the "Second-Hand Software Presentation" document says once it is shared.
- How the separate £1.3 billion to £3.5 billion claim moves forward.
Glossary
- ValueLicensing
- A company that resells pre-owned software licenses. It sued Microsoft over the supply of used Office licenses.
- Court of Appeal
- A higher UK court that reviews decisions made by lower courts.
- Supreme Court
- The highest court in the UK. It decides the most important legal cases.
- Known Adverse Document
- A document in a court order that is known to hurt one side's case. Here, it is a Microsoft internal presentation from 2013.
- Competition Appeal Tribunal
- A UK court that hears cases about competition and fair markets.