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The Register - Special Features

Troops’ phones gave away location data to foreign adversaries Qualcomm picks bad time to pitch a $300 laptop platform AI agents get their own phone directory built atop DNS Carnival confirms ShinyHunters cruised off with 6M customer records after April breach Google engineer accused of turning Year in Search secrets into Polymarket payday Are we human? India's cyber agency sets clock at 12 hours to tackle exploited bugs as AI turns up the heat Broadcom gets early start on WiFi 8 with next-gen wireless routing kit Are we human? 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What delays? Oracle insists its $300B cloud contract with OpenAI is on track Oracle insists its $300B contract with OpenAI is on schedule Salesforce willing to lose money on AI to lock in customers Salesforce willing to lose money on AI to lock in customers Galactic Brain space datacenter coming in 2027, pledges startup Aetherflux Galactic Brain space datacenter promised in 2027 Activist groups urge Congress to pause datacenter buildouts Activist groups urge Congress to pause datacenter buildouts Bezos-backed Unconventional AI addresses datacenter power Bezos-backed Unconventional AI addresses datacenter power AWS re:Invent keynote: Matt Garman bores, then thrills
Microsoft faces down sueball, capacity problems in series of challenges
Richard Speed · 2026-06-16 · via The Register - Special Features

SOFTWARE

Misleading statements about Copilot and AI? Surely not!

Microsoft is facing AI-related issues on multiple fronts. Disgruntled investors have flung a sueball at the company over its Copilot claims, while it is reportedly turning to other cloud vendors to help with AI-induced scalability issues at its coding collaboration tentacle, GitHub.

The sueball is a class action, filed by the City of St. Clair Shores Police and Fire Retirement System in the Seattle US District Court, that alleges that Microsoft bosses (including its CEO, Satya Nadella) made "materially false and/or misleading" statements about adoption of the company's Copilot technology.

On the contrary, according to the complaint, "Microsoft’s flagship proprietary AI model ranked well below competitors on a number of benchmark tests," and "Microsoft had failed to convert a significant percentage of its commercial Microsoft 365 users to paid Copilot subscriptions and the Company's Copilot offerings had lost market share to rival products, a trend that was increasing."

Some organizations are gung-ho for Copilot these days – NHS England, for example, announced plans last week to roll the technology out to more than half a million staff. However the class action alleges Microsoft's SEC filings did not clearly explain problems "regarding the development and customer adoption of Copilot products and Microsoft's proprietary AI models."

On January 28, Microsoft announced results for its fiscal second quarter, which included a slowdown in Azure growth and an admission that paid Microsoft 365 seats had reached only 15 million out of 450 million Microsoft 365 users.

The company's shares subsequently declined by more than $48 per share, around ten percent of their value at the time, according to the complaint.

“We are aware of the complaint and believe the claims are without merit. Microsoft stands by the integrity of its public statements and will vigorously defend itself in court," a Microsoft spokesperson told The Register.

Git thee to AWS?

Microsoft's AI headaches are not limited to the sueball, which the company reportedly claims "is without merit." Its source-shack tentacle, GitHub, is also reportedly facing the possibility of being forced to leap into bed with a rival to address ongoing reliability and scalability woes.

Microsoft acquired GitHub in 2018, but the source site has sometimes struggled with availability amid a surge in AI-assisted workflows. The site has attempted to shift workloads to Azure, but has, for many users, remained unreliable. Azure has, infamously, had its own capacity problems recently. 

According to reports, the source shack will be propped up with additional resources from AWS, although it is not clear whether this is a temporary measure to address immediate problems or something more permanent. After all, given the choice, few IT managers would entrust all their workloads to a single vendor, and a multicloud approach is sensible.

"The context here is important: Our community is growing at a rate we've never seen before, and the incredible spike in agentic development that began late last year has tested our infrastructure's limits," a GitHub spokesperson told The Register. "To meet this demand, we are both accelerating our move to Azure and continuing to explore a multi-cloud strategy to ensure we have the future capacity, compute elasticity, and horizontal scale required to support continued growth."

It is, however, a little embarrassing when your owner operates its own cloud service. ®

Updated at 1631 with comment from GitHub.