Microsoft is asking for permission to appeal to the UK Supreme Court after losing a major dispute with software reseller ValueLicensing over the legality of reselling certain Microsoft on-premise licences. The case centers on whether companies can legally resell and subdivide “perpetual” licences that were bought for use on customers’ systems. In 2025, the Competition Appeal Tribunal ruled that the resale of Microsoft’s perpetual on-premise licences does not amount to copyright infringement. Microsoft then appealed, and the Court of Appeal upheld that decision on July 7.
According to the reported reasoning, the courts treat Microsoft’s position as similar to arguments previously rejected in a related EU context, including the 2012 UsedSoft ruling that ruled against Oracle. The courts’ decisions also involve a partial stay, meaning some related disclosure steps continue while the next stage of the appeal process is considered. A further hearing is expected in September as Microsoft pursues the Supreme Court route.
