back to article Judge dismisses Microsoft's challenges: ValueLicensing case to proceed in Britain

The ValueLicensing case against Microsoft is set to proceed in the UK after a judge dismissed the Windows vendor's jurisdictional challenge and strike-out application. Microsoft had hoped to have its UK arm struck off from the claim and suggested that Ireland would be a better place for the claim to be heard, particularly if …

  1. mark l 2 Silver badge

    Since MS released Windows 10 its essentially just their equivalent of how Google uses Android, in that its a tool for them to collect user data for showing ads and to up sell other services which users have to pay for. As locking users into a monthly ongoing subscription is much more lucrative than a one off payment for a Windows license.

    That probably the reason why they no longer restrict what you can do in Windows if its not activated, as they don't really care if you pay for a one off Windows license anymore as long as you use it to send them all that lovely telemetry.

    1. VoiceOfTruth Silver badge

      -> As locking users into a monthly ongoing subscription is much more lucrative than a one off payment for a xxxxx license.

      This is a common tactic or business practice today. I won't buy (sorry rent) subscription software.

  2. NJobs

    £270 million ?

    At first glance, it does look here as if Microsoft has behaved in an anti-competitive manner but given the fact that ValueLicensing is one of the smallest players within the European second-hand software market, with a sales turnover of less than £5m pa, how an earth does VL justify that it has lost £270 million GP?

    1. Plest Silver badge
      Happy

      Re: £270 million ?

      Solicitors don't come cheap?

    2. Steve Davies 3 Silver badge
      Childcatcher

      Re: £270 million ?

      Punitive Damages : to teach MS a lesson or three perhaps? (nah. Who am I kidding?)

    3. Cuddles

      Re: £270 million ?

      Presumably their argument is that they'd be a lot bigger if Microsoft hadn't blocked them from reselling more licenses.

  3. Anonymous Coward
    Anonymous Coward

    Improves productivity and security

    Sounds rather like the sort of statement that comes out of Moscow these days "We believe that was both legal and the right thing to do," the spokesperson went on, "Helping our customers move to the cloud improves productivity and security."

    1. Anonymous Coward
      Anonymous Coward

      Re:move to the cloud improves productivity and security.

      F'k the cloud.

      If I have my data on my server that I can disconnect from the internet and said server is locked in a room with a sign saying 'Beware of the Leopard' on the door, I know that it is more secure than any effing cloud system.

      F'k MS

      F'k Amazon

      F'k Google

      My data is mine, not yours to collect and sell on to frigging ad slingers.

      1. Version 1.0 Silver badge
        Happy

        Re: Re:move to the cloud improves productivity and security.

        LOL - My server room is much older, the door sign is ACHTUNG Das machine is nicht fur gefingerpoken...

  4. Phones Sheridan Silver badge

    "Microsoft had hoped to have its UK arm struck off from the claim and suggested that Ireland would be a better place for the claim to be heard,"

    This is actually quite an achievement. If you look at the TOS for MS, Google, Amazon, Ebay, Paypal etc for supply into the UK, they all say that the agreement is between the UK customer, and the <insert foreign country here> office of the supplier, not it's UK subsiduary. Every case I've read about prior to this has usually fallen over at this hurdle.

    1. DevOpsTimothyC

      How many of those cases were post BREXIT ?

    2. Peter2 Silver badge

      Really?

      The British courts are generally under the impression that they decide if a case is heard in their courts, not a company breaking British laws.

  5. Malcolm Weir Silver badge

    Mr Speed...

    Third para: the case will be heard by the High Court _of_ England and Wales, which is _in_ England but not Wales.

  6. Someone Else Silver badge

    "We believe that was both legal and the right thing to do," the [Micros~1] spokesperson went on, "Helping our customers move to the cloud improves productivity and security."

    Mmm-hmmm...suuuuuure it does. I mean Atlassian has been telling us that for years, now.

    Wait...what?"

  7. Mark Exclamation
    Joke

    Has anyone noticed that all the judges have the same first name.....?

    1. Phones Sheridan Silver badge

      It's also an aptronym too. What a co-incidence!

  8. Twanky

    Microsoft is coming under increasing fire for its licensing practices, which are alleged by some companies to be anti-competitive.

    I'm shocked, shocked.

  9. X5-332960073452
    Megaphone

    News and Interests

    Here's another court case I'm waiting for, (see title)

    Installed - without consent (Win 10)

    Set to always run - without consent

    Spying on location (weather forecast) - even with location turned off for the device

    Call the lawyers (not that I want them enriching)

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