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"Microsoft is facing increasing legal and regulatory pressure, including a certified £2 billion ($2.8 billion) class action lawsuit in the UK over alleged anti-competitive cloud licensing practices. An ongoing appeals phase in the UK regarding software license resales also risks a multibillion-pound class action, potentially impacting future market dynamics and financial liabilities."
The article examines the applicability of the exhaustion doctrine under EU copyright law to hybrid software products—works that combine computer programs with expressive content like user interfaces, icons, fonts and templates.
Microsoft told a London appeals court Tuesday that the Competition Appeal Tribunal lacks jurisdiction to decide copyright infringement issues underpinning a reseller's £140 million ($189 million) case over alleged anticompetitive restrictions on the secondary market.
Microsoft has doubled down on its claims that the UK’s Competition Appeal Tribunal does not have jurisdiction to hear issues concerning copyright law, urging an appellate court to overturn a ruling that rejected its defence against a £270 million standalone antitrust lawsuit.
Microsoft told UK appeal judges on Tuesday that ValueLicensing would have no competition-law claim against the tech giant if its reselling of software licenses broke copyright rules. Atthe UK Court of Appeal, Microsoft is challenging competition judges’ jurisdiction and findingsover copyright matters in the case.