Microsoft Seeks UK Supreme Court Appeal in £270m Case

Microsoft is seeking permission to appeal to the UK Supreme Court after losing a £270 million case brought by software reseller ValueLicensing. The case revolves around the reselling of Microsoft's perpetual on-premise licences, which the Competition Appeal Tribunal ruled in 2025 was not copyright infringement.

The Court of Appeal agreed with this ruling on July 7, stating that Microsoft's argument was similar to the 2012 UsedSoft ruling that went against Oracle. This ruling has significant implications for the software industry, as it sets a precedent for the resale of licences.

The UsedSoft ruling, which was made by the Court of Justice of the European Union, stated that the resale of software licences was not copyright infringement. This ruling was made in a case involving Oracle, which had attempted to prevent the resale of its software licences.

Microsoft had argued that the resale of its perpetual on-premise licences was copyright infringement, but the courts have disagreed. The company is now seeking to appeal this decision to the UK Supreme Court, in an attempt to overturn the ruling.

A partial stay has been granted, which means that disclosure applications will still proceed, with a hearing expected in September. This will allow the case to continue, while Microsoft's appeal is considered.

The outcome of this case will have significant implications for the software industry, as it will determine whether companies like Microsoft can prevent the resale of their licences. If the ruling is upheld, it could lead to a significant increase in the resale of software licences, which could impact the revenue of software companies.

The case is also significant because it highlights the ongoing debate about the ownership of software licences. While software companies argue that they retain ownership of the licences, resellers argue that they have the right to resell them.

In the context of the UK, this case is important because it will set a precedent for the resale of software licences. The UK Supreme Court's decision will be closely watched by the software industry, as it will determine the future of software licensing in the country.

The significance of this case extends beyond the UK, as it will also have implications for the global software industry. The ruling could lead to a shift in the way that software companies approach licensing, and could potentially lead to an increase in the resale of software licences.

In conclusion, Microsoft's appeal to the UK Supreme Court is a significant development in the ongoing debate about software licensing. The outcome of the case will have far-reaching implications for the software industry, and will determine the future of software licensing in the UK and beyond.