Microsoft seeks Supreme Court review in UK software resale dispute
Microsoft is pursuing an appeal to the UK Supreme Court following two consecutive losses in the ValueLicensing case. The central issue revolves around the legality of businesses reselling surplus on-premise software licenses. In 2025, the Competition Appeal Tribunal initially ruled that the resale and subdivision of Microsoft licenses did not constitute copyright infringement. Microsoft appealed this decision but lost again on July 7. The company is now seeking the highest court's review of the matter.
This legal dispute highlights the tension between software vendors' intellectual property rights and the principles of secondary market competition. The case probes the interpretation of copyright law in the context of digital goods and the enforceability of End User License Agreements (EULAs) concerning resale. Microsoft's pursuit of a Supreme Court appeal suggests a strategic interest in establishing a definitive legal precedent that could shape the future of software licensing and the secondary market for enterprise software across the UK and potentially other jurisdictions. The outcome could significantly impact the economics of software asset management for businesses and the revenue models of software publishers.
AI-generated to prompt reflection — not editorial opinion, not advice, not a statement of fact. How this works.