The Microsoft and ValueLicensing legal tussle will enter an appeals phase this month, attracting the attention of a multibillion-pound class action against the Windows giant.
Microsoft software resale appeal catches eye of £3.5B class action
Jonathan Horley, Managing Director of ValueLicensing, told The Register: "ValueLicensing is aware of the importance of the Court of Appeal hearings. The jurisdiction appeal deals with whether the CAT can decide non-competition law issues (like copyright). Microsoft believes this is a complete answer to the Wolfson claim because they say that those copyright issues cannot be transferred to the High Court in the context of a class action. That is the reason why the Wolfson team has been granted permission to turn up at the jurisdiction hearing.
"The copyright appeal will affect multiple other claims, including the Wolfson class action proceedings. If found in Microsoft's favour, it would overturn parts of the pre-Brexit ECJ decision UsedSoft vs Oracle, and whether the European Computer Programs Directive even applies to Microsoft Office and Windows.
"ValueLicensing looks forward to returning to the main competition law issues including the pending applications on further disclosure and the Confidentiality Ring, after this appeal has concluded and the Stay is lifted."
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