Three weeks after Apple filed a landmark case accusing OpenAI of stealing trade secrets, OpenAI is hitting back. In a new blog post, the ChatGPT-maker said Apple’s lawsuit is “careless, aggressive and oddly personal.” 

Apple alleged in its initial complaint that two former Apple employees, software engineer Chang Liu and 24-year Apple veteran Tang Tan, improperly accessed Apple’s proprietary tech after they left for OpenAI. But OpenAI claims that Apple’s own security lapses allowed Tan and Liu to access Apple’s systems, and that this was a previously known issue.

This all comes as Apple asked the US District Court for the Northern District of California this week to speed up the case and order OpenAI to “collect and return” all Apple info it has. The case could have big ramifications for OpenAI, which is gearing up to launch its first AI hardware device. OpenAI is arguing that because the initial filing was based on false claims, the case shouldn’t continue. (Disclosure: Ziff Davis, CNET’s parent company, in 2025 filed a lawsuit against OpenAI, alleging it infringed Ziff Davis copyrights in training and operating its AI systems.)  

To aid its point, OpenAI released some selected text and email exchanges between the two companies and their lawyers. These, combined with the documents filed with a California federal court on Tuesday, paint a picture of two heavily lawyered companies: one that can’t figure out how to use its email, and another that is aggressively defensive.

The text and email exchanges OpenAI released are heavily redacted. But the messages seem to support OpenAI’s claim that Apple made mistakes in the lead-up to filing its lawsuit. Apple’s outside counsel leading the case, Gabriel Gross, seemed to have emailed the wrong person at OpenAI in February about Apple’s concerns. Che Chang, OpenAI’s general counsel, emailed Apple’s in-house lawyers, saying Gross claims to represent Apple and says Gross had spoken with Chang, despite the fact that Chang has never heard of him.

“I don’t know what the point of [Gross’s] lie is, but could you please confirm if he is actually representing you, and if so, whether you have other counsel you can use. I don’t think interacting through him is appropriate given this behavior,” Che emailed Apple’s in-house lawyers on Feb. 23, according to an email OpenAI released. 

Apple’s lawyers confirmed Gross is representing the iPhone-maker and that Gross initially contacted the wrong person at OpenAI. (Chang’s email is not included in court filings, but Gross’s emails straightening out the miscommunication are.)

OpenAI also released what it says are text messages between Liu and Apple employees after he left Apple. The messages show Liu’s correspondence with an unknown Apple employee on his last day at Apple, arranging file transfers. The texts continue after that day, addressing file transfer issues and seeking Liu’s advice on redacted Apple projects despite Liu no longer working there. OpenAI says that Apple’s “residual access” issues let Tan, Liu and other former Apple employees improperly access company files. 

“Of course, I could ask several folks, but you are the best. Even if you don’t work here anymore,” an unknown Apple employee texted Liu on Jan. 27, five days after Liu left Apple for OpenAI.

Apple said in its request for a preliminary injunction, filed Monday night, that “these interactions and exchanges cannot explain the repeated, unauthorized downloading of voluminous technical files from Apple’s cloud-based storage discussed below, which Mr. Liu performed on multiple occasions from February to April 2026 while employed by OpenAI.” 

Apple also referred to Liu’s text messages, which it included in its preliminary injunction filing, where Liu said he found a way to access the company’s third-party cloud storage system without authorization, to which he said: “LOL.” Apple claims he coached other Apple-to-OpenAI job hoppers on how to access Apple files in that way “to avoid trouble with the security team,” the filing says.

It’ll be up to the court to sort out which multibillion-dollar tech company is telling the truth. OpenAI certainly has a strong motive to prove Apple wrong – the lawsuit could do a lot of damage, financially and reputationally. OpenAI has now made its position clear: “We do not have, nor want, any of their trade secrets.” 

Katelyn Chedraoui

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Katelyn is a reporter with CNET covering artificial intelligence, including chatbots, image and video generators. Her work explores how new AI technology is infiltrating our lives, shaping the content we consume on social media and affecting the people behind the screens. She graduated from the University of North Carolina at Chapel Hill with a degree in media and journalism. You can reach her at kchedraoui@cnet.com.

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The smartphone was supposed to kill the digital audio player. Based on the continuing flood of new DAPs in 2026, somebody forgot to tell the portable audio industry.

Astell&Kern is now teasing the PD5 “All Day Player,” a more compact model designed to succeed the well-received A&norma SR35. The company plans to reveal the new DAP during the 2026 Hong Kong High-End Audio Visual Show, which runs from August 7–9 at the Hong Kong Convention and Exhibition Centre.

Detailed specifications remain under wraps, but Astell&Kern has already confirmed an aluminum chassis designed for comfortable one-handed use, a switchable Quad/Octa-DAC architecture, and up to 28 hours of continuous playback. The PD5 will also introduce EnviroTune, an intelligent feature designed to analyze ambient noise and tailor the listening experience to the user’s surroundings.

With another wave of new DAPs arriving from across the portable audio category, the PD5 appears to be Astell&Kern’s attempt to deliver premium performance without the flagship pricing, weight, or battery anxiety that often comes with it. The remaining questions are how much it will cost, which DACs are inside, and whether “All Day Player” proves to be more than a clever marketing line.

Related Reviews:

Astell&Kern PD5: What We Know Ahead of Its Hong Kong Debut

The PD5 uses eight Cirrus Logic CS43198 DACs, allowing listeners to switch between Quad-DAC and Octa-DAC operation.

Quad-DAC mode prioritizes longer battery life for extended listening sessions, while Octa-DAC mode is designed to deliver the PD5’s full sonic potential and maximize performance from a DAP of this size.

In Quad-DAC mode, the PD5 provides up to 28 hours of continuous playback. Support for PD 3.0 charging reduces charging time to approximately 2.5 hours.

EnviroTune analyzes ambient noise and automatically optimizes the sound for the listener’s current environment. This is designed to provide a more consistent listening experience while commuting, working, or listening in a quieter space.

The PD5 supports playback up to 32-bit/384kHz PCM and native DSD256. Its octa-core processor and full Android operating system are optimized for music streaming services, while dual-band Wi-Fi, Bluetooth 5.3, and broad codec support, including Qualcomm aptX HD, LDAC, and LHDC, provide several options for listening to high-resolution audio wirelessly.

The Bottom Line

The PD5 has a promising foundation, including eight Cirrus Logic DACs, switchable Quad and Octa-DAC operation, up to 28 hours of battery life, and EnviroTune. But Astell&Kern has not yet revealed several details that will determine whether it is actually competitive, including output power, storage capacity, screen specifications, dimensions, weight, Android version, battery life in Octa-DAC mode, pricing, and availability.

If the PD5 lands near the A&norma SR35’s $800 price point, it could be a compelling option for listeners who want a compact DAP with long battery life and enough flexibility for both casual and critical listening. It will also face strong competition from the $699 HiBy R6 Pro II 2025, the $650 FiiO M33 R2R, and the $949 iBasso DX260 MK2. The PD5 may have eight DACs under the hood, but its final price, amplifier power, and software experience will matter far more than the chip count.

Price & Availability

Following its Hong Kong debut, the PD5 will be on demo at Shenzhen International Audio Show (SIAS) August 14-16 in China and at CanJam SoCal 2026, August 29-30 in the United States. Retail availability date or price has not been officially announced at this point. 

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Creators will be granted access to a deep library of Disney assets to use in their videos.

Gears of War: E-Day is the first mainline entry in the popular sci-fi shooter series since the release of Gears 5 almost seven years ago. While the game won’t be released until Oct. 6, Xbox Game Pass Ultimate and PC Game Pass subscribers can get early access to the game’s open beta two months early, on Thursday, Aug. 6.

Xbox Game Pass, a CNET Editors’ Choice award pick, offers a wide selection of games you can play on your Xbox Series X, Xbox Series S, Xbox One and PC or mobile device for as little as $10 a month. And with a subscription to the higher-tiered Game Pass Ultimate ($23 a month), you can access hundreds of games, including new ones the day they’re released, each month. 

Here are all the games Xbox is bringing to Game Pass in August.

Gears of War: E-Day open beta early access

Coming to Game Pass Ultimate and PC Game Pass on Aug. 6.

Grab your lancer and get ready to crush some grubs in the latest entry in the Gears of War franchise before the game’s October release. In the early access open beta, you’ll be able to play the new Horde Siege player-versus-environment game mode. This is a new take on Gears’ Horde mode that’s built for larger maps, more players and bigger battles. 

Date Everything!

Coming to Game Pass Ultimate, Game Pass Premium and PC Game Pass on Aug. 11.

Dating simulator games can be fun, but they might feel limiting in some aspects. Yeah, you might love your bed, but does your bed share those same feelings for you? This game lets you explore that idea to its logical conclusion by letting you date almost everything in your home. Bed? Absolutely. Door? You bet. The overwhelming sense of existential dread? If that’s your bag, go for it! There are over a hundred items, each with a unique voice actor, that you can date in this game, so have fun!

Ball x Pit

New to Game Pass Premium on Aug. 12. Previously on Game Pass Ultimate and PC Game Pass.

This game combines classic brick-breaking gameplay with the base-building, survival and roguelite genres to create something wholly unique. You’ll explore a bottomless pit of monsters on the hunt for treasure, armed with nothing but ricocheting balls. You’ll recruit fellow treasure hunters, tackle huge monsters and upgrade your arsenal as you plunge deeper underground.

Other games coming to Xbox Game Pass

Those are some of the games Microsoft is bringing to Xbox Game Pass soon, but the company is adding more to the service this month. Here are the other games you can try soon.

• Monsters are Coming! Coming to Game Pass Premium on Aug. 6. Previously on Game Pass Ultimate and PC Game Pass.
• Powerwash Simulator 2: Coming to Game Pass Premium on Aug. 6. Previously on Game Pass Ultimate and PC Game Pass. 
• Bounty Star: Coming to Game Pass Premium on Aug. 11. Previously on Game Pass Ultimate and PC Game Pass.
• Grounded 2 (game preview): Coming to Game Pass Premium on Aug. 11. Previously on Game Pass Ultimate and PC Game Pass.
• Cricket 26: Coming to Game Pass Ultimate, Game Pass Premium and PC Game Pass on Aug. 13.
• Mio: Memories in Orbit: Coming to Game Pass Premium on Aug. 13. Previously on Game Pass Ultimate and PC Game Pass.
• Sandustry: Coming to Game Pass Ultimate and PC Game Pass on Aug. 13.
• Egging On: Coming to Game Pass Premium on Aug. 13. Previously on Game Pass Ultimate and PC Game Pass.

Games leaving Game Pass on Aug. 15

While Microsoft is adding titles to Game Pass soon, it’s also removing a handful of games from the service on Aug. 15. So you still have some time to play these games for the first time, or finish your campaign, before you have to buy them separately.

For more on Xbox, learn what other titles you can play, plus read our Xbox Game Pass review and discover which Game Pass plan is right for you.

Zachary McAuliffe

Senior writer

Zach began writing for CNET in November, 2021 after writing for a broadcast news station in his hometown, Cincinnati, for five years. You can usually find him hanging out with his wife, son and dog in their home.

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Original NES controllers still feel right. The click of the D-pad, the springy A and B buttons, the solid rectangular shape that fits perfectly in two hands. Most of them now live in drawers or boxes. Logic Gate Labs decided one of those controllers could do more than sit around. They gutted a standard NES-style gamepad and packed a complete retro gaming system inside it, complete with a screen, speaker, storage, and enough power to run dozens of 8-bit games plus a slow but playable version of DOOM.

Space inside the traditional NES shell is really limited, so forget about placing those larger ESP32 boards inside. They simply will not go, as the smaller ones you may have believed would work do not have the memory to do the task properly. The ESP32-S2 was the solution. It has adequate processing power and a couple hundred kilobytes of RAM while yet being compact enough to fit in the remaining space after removing the original PCB.

Fitting the display was a hassle because the internal plastic supports had to be removed so that the screen could sit flush with the other components. Fresh drillings were required for the screen, a USB charging connector, a microSD card slot, a small speaker, and a power switch. Keeping the wiring neat was a difficulty. A large piece of bare copper wire serves as the main ground rail, eliminating the need for additional ground wires to connect to the microcontroller. The remaining signals are handled by the narrower signal cables.

Games load from a microSD card that is inserted in there, and the firmware’s Retro-Go emulator framework is running, which was created specifically for the ESP32-S2 using the ESP-IDF and CMake because it is not a standard target. 8-bit classics operate smoothly. If you want to try something a little more difficult, PrBoom-Go supports DOOM via a Freedoom WAD file loaded on the card. The frame rate ranges from 5 to 15fps, which is adequate for a fast blast, though it will never be as smooth as a recent port.

You can obtain all of the parts you need for less than seventeen dollars from common suppliers on Aliexpress. Overseas markets are more cheaper if you can find what you need. A microcontroller, a small color screen, a rudimentary amplifier and speaker, a charging circuit, a battery, and a few switches and connectors are all readily available.

It still appears like a NES controller on the outside since the buttons are all in the appropriate places and feel the same way you remember them. Flip the power button, load a ROM, and the small screen comes alive with games that used to require a whole console and television to run. It’s a self-contained portable that costs less than one modern game while fitting a lot of history into a form factor that most people are already familiar with.
[Source]

Waymo on Tuesday opened its doors to all public riders in Dallas, allowing anyone in the area to hail a fully self-driving ride, albeit with some restrictions.

The Alphabet-owned company began operating in Dallas with select passengers in February, amounting to nearly 150,000 people. Now, anyone can download the Waymo app and book an autonomous ride in the Jaguar I-Pace vehicles.

The self-driving service won’t be open to public riders at Dallas Love Field Airport or on freeways just yet, though Waymo says it plans to open up those routes after finalizing testing. Earlier this year, Waymo paused freeway rides in other cities after some of its vehicles struggled to navigate construction zones. It began resuming those routes last week.

With the Dallas launch, Waymo’s autonomous ride-hailing service is now available to the public in nearly a dozen cites. The company also operates in the San Francisco Bay Area, Phoenix, Los Angeles, Miami, Orlando, Nashville, Atlanta and Austin, and has a wait list for riders in Houston and San Antonio.

Waymo is also expanding to more than two dozen other cities across the country, including locations with more inclement weather like Chicago, Detroit and Minneapolis. To handle more variable climates, Waymo is rolling out its sixth-generation self-driving technology aboard its new Ojai vehicle. The latest tech can detect more details and gauge objects in a variety of lighting and weather conditions, according to Waymo.

Waymo is one of a handful of companies building out an autonomous ride-hailing service in the area. Late last year, Uber and robotaxi company Avride launched their partnership in Dallas. Amazon-owned Zoox, which currently offers rides in Las Vegas and San Francisco, also deployed its testing fleet in Dallas earlier this year, and is testing in several more locations.

A little further away, Uber, Lucid Motors and autonomous driving company Nuro are testing their joint Lucid Gravity robotaxi in Houston and the San Francisco Bay Area. May Mobility also operates fully autonomous rides in Atlanta through a partnership with Lyft.

Abrar Al-Heeti

Senior Technology Reporter

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Abrar’s interests include phones, streaming, autonomous vehicles, internet trends, entertainment, pop culture and digital accessibility. In addition to her current role, she’s worked for CNET’s video, culture and news teams. She graduated with bachelor’s and master’s degrees in journalism from the University of Illinois at Urbana-Champaign. Though Illinois is home, she now loves San Francisco — steep inclines and all.

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Every school district writing AI policy right now is making a bet about the future, often without much data behind it. On This Week with EdSurge, we look at that bet from two very different vantage points: one guest who spent a year studying policy from a distance, and another who helped write it from the inside.

Studying Policy From a Distance

Jody Britten spent the last year coding AI policy from more than 100 school districts across the country into a five-level framework, ranging from active promotion to outright prohibition. Her findings point to a system that leans cautious, and is often disconnected from the state guidance meant to inform it. What the numbers reveal about where most schools land might surprise you.

Building Policy From the Inside

Tambra Clark helped write her own district’s AI governance policy in Birmingham from scratch, sitting on the very kind of committee Britten’s research describes. What her committee discovered when they first sat down together says a lot about why so much AI policy in this country still has a long way to go.

Listen to the episode:

Stories Mentioned in This Episode

Study: The National AI Policy Landscape in K-12 Education by Jody Britten

Voices of Change Fellowship featuring Tambra Clark

This Week with EdSurge is a weekly podcast from EdSurge. Subscribe to EdSurge newsletters for more news and analysis on education and technology.

There is plenty of snake oil in hi-fi. Products that promise to uncover hidden detail, expand the soundstage, and restore the emotional connection to your record collection often accomplish little beyond making your bank balance lighter.

IsoAcoustics does not belong in that category.

Since January 2012, the Canadian manufacturer has developed isolation products for professional studios, home audio systems, and equipment manufacturers. Its technology does not manipulate the audio signal or rely on mystery materials. It addresses a straightforward mechanical problem: loudspeakers, turntables, and audio components transfer energy into the surfaces beneath them, and those surfaces can send some of that energy back.

Managing that interaction can improve bass definition, image stability, clarity, and focus. It can also reduce the amount of energy transferred into floors, furniture, and neighboring rooms.

We have used IsoAcoustics products across multiple systems and rooms, and the results have been consistently positive. The improvements are generally most obvious beneath loudspeakers and turntables, especially on suspended wood floors or furniture that has no business supporting expensive audio equipment.

IsoAcoustics products will not turn a mediocre loudspeaker into a great one, and every room will not deliver the same degree of improvement. What they can do is help a properly designed component perform closer to its potential.

They also represent solid value for the money. A set of isolation feet is not inexpensive, but the cost is usually modest compared with replacing a component, upgrading a loudspeaker, or starting another cable experiment. They are easy to install, require no changes to the signal path, and can usually move to another system later.

The growing number of manufacturers integrating IsoAcoustics technology directly into their products suggests that audio brands are reaching the same conclusion.

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More Than 70 OEM Partners

IsoAcoustics says it has now completed approximately 155 OEM projects, representing a 13 percent increase compared with the same period last year. Those projects involve more than 70 partner brands, an increase of 28 percent, with more than a dozen additional collaborations currently underway.

The list includes loudspeaker manufacturers such as JBL, Sonus faber, Marten, Perlisten, PSB Speakers, Raidho, Gershman Acoustics, and Kroma Atelier.

Sonus faber was also an early OEM partner, integrating custom GAIA-Capsule isolators into its $750,000 Suprema system. The isolation system is hidden between the cabinets and baseplates of both the main loudspeakers and separate subwoofers, making it part of the structure rather than another accessory bolted on after the fact.

Suprema was the first Sonus faber loudspeaker to use fully integrated IsoAcoustics technology, which says rather a lot considering the engineering resources and price point involved. When a company building one of the world’s most ambitious loudspeaker systems decides that controlling vibration and energy transfer is important enough to address at the factory, it becomes harder to dismiss isolation as another helping of audiophile snake oil.

IsoAcoustics is also appearing beneath digital sources and electronics from Lumin, EMM Labs, Innuos, Antipodes Audio, and other manufacturers.

That distinction matters. Isolation products are most commonly associated with loudspeakers and turntables, where unwanted movement and vibration are easier to understand. Their adoption by electronics manufacturers shows that IsoAcoustics is no longer being viewed solely as an aftermarket speaker accessory.

These companies are designing the isolation technology into the product rather than placing a set of feet in the box as an optional extra.

Professional Audio Experience Matters

IsoAcoustics’ professional audio credentials are an important part of the story.

Founder Dave Morrison drew on years of experience designing and constructing radio and television studios when developing the company’s isolation technology.

Recording studios are not especially tolerant of products that do nothing. Engineers need monitors to behave predictably and mixes to translate outside the control room. Preventing a loudspeaker or monitor stand from transferring unwanted energy into a desk, console, or floor is a practical problem, not an audiophile thought experiment.

That professional foundation has given IsoAcoustics a level of credibility that many accessory companies never establish.

JBL Adopts the GAIA-TITAN Neo

One of the most significant new partnerships involves JBL and the upcoming GAIA-TITAN Neo.

JBL introduced customized JBL | IsoAcoustics isolation feet with its next generation Summit Everest and Summit K2 loudspeakers at HIGH END Vienna 2026. The semi-recessed design is based on the GAIA-TITAN Neo and was developed specifically for the size, weight, and mechanical requirements of the new Summit models.

JBL says the isolation system contributes to tighter bass, a larger soundstage, and more precise imaging.

The Summit Everest and Summit K2 follow the Summit Makalu, Summit Pumori, and Summit Ama, which were introduced in 2025 with customized versions of the GAIA I Neo.

JBL is only the second manufacturer to use the GAIA-TITAN Neo. Marten previously integrated the technology into its Coltrane Supreme Extreme flagship loudspeaker.

The GAIA-TITAN Neo sits at the top of the GAIA Neo range and is designed for the largest and heaviest loudspeakers. It remains available only through selected OEM partners, but IsoAcoustics plans to introduce a standalone consumer version with a global launch later in 2026.

Pricing, weight capacities, and model options have not yet been announced.

Marten, Raidho, Lumin, and EMM Labs Expand Their Use

Marten has integrated custom isolation into all four models in its new Dexter loudspeaker series. The Marten Isolators use GAIA Neo technology and are installed as a permanent part of each loudspeaker rather than offered as an aftermarket upgrade.

Raidho has also expanded its use of IsoAcoustics products across several loudspeaker ranges. Its TD Signature models include custom GAIA isolation, while additional Raidho models will either use or recommend IsoAcoustics as part of the speaker system.

Gershman Acoustics has taken a different approach with the Symphoria. In addition to placing IsoAcoustics isolation beneath the loudspeaker, the company uses isolation devices within its Separate Sub Alignment System to decouple the midrange and tweeter module from the bass enclosure.

The technology is also moving deeper into digital audio.

Lumin has integrated IsoAcoustics isolation into the X2, its flagship network player, streamer, and DAC. Antipodes Audio is using the technology beneath its Oladra Presence and Sentia music servers, while EMM Labs is developing dedicated isolation footers for its reference electronics, including the PREi preamplifier.

Stable 33.33 has installed semi-recessed IsoAcoustics isolators in its Immuable turntable, and Deep Lake Audio is building the company’s isolation technology directly into a new range of audio racks and furniture.

Why the OEM Growth Matters

A long list of partner logos does not automatically prove that every isolation product will transform every audio system.

It does, however, demonstrate that loudspeaker and electronics manufacturers are willing to engineer IsoAcoustics technology into products bearing their own names. These companies have access to measurement equipment, mechanical engineers, listening rooms, and prototype facilities. They are not integrating the products because somebody posted an enthusiastic comment beneath a YouTube video.

The breadth of the partnerships is also revealing. IsoAcoustics products are being used beneath large horn loudspeakers, compact monitors, turntables, music servers, DACs, preamplifiers, equipment racks, and internal loudspeaker modules.

The Bottom Line

There is no shortage of questionable accessories in high-end audio, but properly designed isolation is not one of them.

IsoAcoustics offers a proven mechanical solution to a real problem, and our experience with its products has demonstrated that the benefits can be clearly audible. Bass often becomes more controlled, imaging gains greater stability, and fewer vibrations find their way into floors and furniture.

IsoAcoustics now has approximately 155 OEM projects across more than 70 brands. JBL, Marten, Raidho, Gershman Acoustics, Lumin, EMM Labs, and Antipodes Audio are very different companies building very different products. Their growing use of the same isolation technology is not proof that every system will respond identically, but it is compelling evidence that IsoAcoustics is solving a problem manufacturers consider worth addressing.

The standalone GAIA-TITAN Neo should be especially interesting for owners of very large floorstanding loudspeakers when it arrives later in 2026. Just do not expect it to make poor placement, a bad room, or a questionable loudspeaker disappear. Even proven technology has limits.

Where to buy: IsoAcoustics products are available at Amazon, Best Buy, Crutchfield and IsoAcoustics.com, as well as many more authorized dealers.

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saas

Tribunal to explore how £270 million reseller case intersects with multibillion-pound class action

ValueLicensing (VL) has been invited to attend a case management conference in a related multibillion-pound collective action against Microsoft, according to the reseller’s boss, Jonathan Horley.

VL sued Microsoft for £270 million in 2021, alleging that the software giant restricted the supply of surplus Office licenses available for resale. Barrister Alexander Wolfson is the proposed class representative in a separate claim filed in 2025 on behalf of more than two million UK customers. That action seeks between £1.3 billion and £3.5 billion in compensation.

Both cases are before the UK’s Competition Appeal Tribunal (CAT) and concern Microsoft’s alleged efforts to restrict the market for pre-owned software licenses.

Case management conferences (CMCs) are used to set timetables and decide procedural questions as a case progresses.

According to Horley, ValueLicensing has a CMC concerning disclosure listed for September 14, followed the next day by an invitation to another in the Wolfson proceedings.

The September 15 CMC could address how the two proceedings interact, including whether the Wolfson action should be stayed pending judgment in the more advanced ValueLicensing case. There is also the possibility that the claims could eventually be heard together, although the tribunal has yet to indicate what course it will take.

ValueLicensing’s case is considerably further ahead of Wolfson’s. The Court of Appeal dismissed Microsoft’s appeals on issues including copyright in July, although Microsoft can seek permission to appeal to the Supreme Court.

Kate Pollock, head of competition litigation at law firm Stewarts, said of the Wolfson case earlier this year: “Microsoft’s conduct has had a profound and costly impact on millions of individuals and private and public sector organizations that rely on its software for daily business operations.

“We believe that Microsoft abused its market dominance by imposing restrictive licensing practices that effectively shut down competition and inflated prices.”

Closer procedural links between the cases could complicate Microsoft’s defence against two claims arising from similar allegations. The Register asked the Windows behemoth to comment, but it declined.

VL’s Horley told The Register: “Following on from the judgment at the Court of Appeal we are pleased to have a hearing listed for September 14 to progress further disclosure. ValueLicensing has also been invited to the first hearing of the Alexander Wolfson class action on September 15. That will deal with the next steps for certification and the interactions between the two claims.”

Horley said the move was “very significant” and showed the progress ValueLicensing had made in terms of the competition and copyright law aspects.

“ValueLicensing are experts in the pre-owned Microsoft market with significant evidence and experience of the operation of the market during the relevant period in which the abuse is alleged to have occurred,” he said.

“Given that both claims relate to the pre-owned Microsoft market, that the ValueLicensing claim is so advanced and Mr Justice Turner is Chair for both, it is logical for ValueLicensing to be invited. ValueLicensing is happy to assist the Tribunal in determining the next procedural steps for both actions.”

Microsoft declined to comment. A spokesperson for the Alexander Wolfson class action has yet to comment. ®