Overview

• The UK Competition Appeal Tribunal opened a three-day hearing running through 11 September to decide whether parts of Windows and Office fall outside software exhaustion rules.
• Microsoft argued that resale rights apply only to computer program code, leaving interfaces, fonts, and system messages under copyright control after first sale.
• ValueLicensing warned that accepting Microsoft's position would effectively invalidate the European resale market for perpetual licenses and reiterated a £270 million damages claim over alleged suppression tactics.
• The reseller invoked the EU UsedSoft ruling permitting resale of perpetual licenses, while Microsoft cited Tom Kabinet and Nintendo cases to contend that works with creative elements are not freely transferable.
• Any ruling could swiftly affect the availability of low-cost Windows and Office keys widely used by European DIY builders and refurbishers.