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Monday, October 19, 2026

Court refuses Microsoft appeal in second hand licensing case

Technology Monday, October 19, 2026 · Updated Oct 19, 2026 07:13

The UK Court of Appeal has refused Microsoft permission to appeal to the Supreme Court in its long running dispute with ValueLicensing over reselling pre-owned software licenses, leaving a November 2025 ruling for ValueLicensing in place.

Why it matters: Microsoft can still apply to the Supreme Court itself within 28 days, but the refusal strengthens the legal position of the secondary software license market in the UK and adds pressure in a separate class claim seeking 1.3 billion to 3.5 billion pounds.

Data as of Court of Appeal refusal the week before October 19, 2026; The Register report published October 19, 2026 and read in full. Single sourced to The Register, hence grade C. Both ValueLicensing and Microsoft declined to comment on the latest development.

Microsoft has failed to win permission to appeal to the UK Supreme Court in its legal dispute with ValueLicensing, after the Court of Appeal refused its application last week. The refusal was given without reasons, in the words: “It is ordered that the application is refused.”

Microsoft was challenging a November 2025 ruling in ValueLicensing’s favour that the firm may resell pre-owned software licenses. It could still apply to the Supreme Court itself, but it would need to file within 28 days and show a compelling reason why the Court of Appeal was wrong to refuse.

The case began in 2021, when ValueLicensing sued Microsoft for 270 million pounds over claims that it choked off the supply of surplus Office licenses. Microsoft denied wrongdoing and tried to reframe the case as a copyright dispute, arguments the Competition Appeal Tribunal rejected. A recently published consent order now demands documents from past and present Microsoft executives, including an internal deck titled “Second-Hand Software Presentation” that the order refers to as a “Known Adverse Document,” dating to 2013.

Alexander Wolfson, the proposed class representative in a separate claim on behalf of millions of UK customers seeking between 1.3 billion and 3.5 billion pounds in compensation from Microsoft over its conduct regarding pre-owned licenses, is listed as an intervener on the appeal refusal. The next stage is a witness statement from Microsoft explaining who knew what and when, followed by further disclosure.

Sources

  1. Microsoft's second-hand licensing appeal gets the brush-off · The Register · 2026-10-19