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ValueLicensing's High Court damages claim against Microsoft Corp, Microsoft Limited and Microsoft Ireland Operations Limited has been backed by litigation funding from a primary funder, after ValueLicensing self-funded the preparation and filing of the Claim earlier this year. Litigation funders finance the costs of the proceedings which in England can run into significant sums, in return for a pre-agreed amount of damages if the Claim is successful.
Jonathan Horley told CRN that these, and other, measures meant the "cupboard was bare" for businesses like ValueLicensing, which sells to both private and public sector organisations, at a time when business should have been booming.
Jon Horley, founder and MD of ValueLicensing, said: "This High Court claim covers the damage to our business through Microsoft's abuse of its dominant market position, effectively destroying the pre-owned software market for desktop products. We are not the only victim to have suffered loss as a result of Microsoft's anticompetitive activity since 2016."
"Microsoft Corp and Microsoft Ireland Operations Limited have applied to the Court for a declaration that the Courts of England and Wales do not have jurisdiction to hear ValueLicensing's Claim; and/ or for a stay of ValueLicensing's claim against them because the Courts of England and Wales are not the most appropriate Courts to hear it.
ValueLicensing's managing director, Jon Horley, asserted to The Register: "Once a licence is placed onto the market in Europe, it is protected from the vendor effectively, they've exhausted their rights once it is placed onto the market."