Judge orders Microsoft to spill internal docs and scour execs' comms in secondhand licensing case
Yes, the 'Secondhand Software Presentation' does sound like it might be an adverse document...
In a secondhand licensing case, a judge has ordered Microsoft to release internal documents and conduct searches of high-level executives' communications. The legal dispute between secondhand software reseller ValueLicensing and Microsoft escalated recently, leading to a published consent order and the cancellation of a planned case management conference.
The order focuses on locating and disclosing Microsoft documents that may be relevant to ValueLicensing's allegation that the company offered incentives for customers to shift to subscription services in order to avoid selling pre-owned licenses.
Microsoft has been asked to explain by October 31 why it failed to disclose the "Second-Hand Software Presentation" earlier, despite the document's relevance to the case. The consent order requires Microsoft to conduct extensive searches of its corporate mailboxes and SharePoint accounts for search terms like "antitrust," "used licenses," "second hand," and "Value Licensing" between July 3, 2012, and June 1, 2020.
High-level executives such as Richard Chin and Kevin Turner are included in the search list. The confidentiality designation on several documents in the case has been lifted, but confidentiality will be applied on a document-by-document basis.
No blanket or default designation of documents as "Restricted" or "Confidential" shall be applied. Instead, it will be determined case-by-case and supported by specific reasons rather than general assertions. Microsoft must disclose any further documents identified relating to the same or similar matters addressed in the SHS Presentation by November 30, 2026.
Microsoft declined to comment on the Consent Order, while ValueLicensing's CEO, Jonathan Horley, stated that the order is the result of years of work and the disclosure of recently discovered documents. This latest turn in the case may provide insights into how Microsoft dealt with the second-hand software market and bring a liability trial closer to resolution.
Written by urgent.news from The Register Science's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
