[HN Gopher] WordPress.org bans WP Engine
       ___________________________________________________________________
        
       WordPress.org bans WP Engine
        
       Author : openplatypus
       Score  : 226 points
       Date   : 2024-09-26 08:36 UTC (14 hours ago)
        
 (HTM) web link (techcrunch.com)
 (TXT) w3m dump (techcrunch.com)
        
       | openplatypus wrote:
       | Likely the aftermath of https://techcrunch.com/2024/09/22/matt-
       | mullenweg-calls-wp-en...
        
         | 3np wrote:
         | Between all the threads, this video is the best for context I
         | think. Juicy part start around 10min.
         | https://www.youtube.com/watch?v=fnI-QcVSwMU
        
       | nailer wrote:
       | > Mullenweg set up in 2005 to monetize the project he'd created
       | two years previous
       | 
       | Wordpress is a fork of an older project which was not made by
       | Matt.
        
         | lnxg33k1 wrote:
         | It's important to point out, since probably the whole
         | automattic is still leeching from b2 and hasn't added anything
        
           | kgeist wrote:
           | Just checked out the original version of b2 Wordpress was
           | forked from and could immediately spot a SQL injection which
           | I can use to take over the whole site:                   $log
           | = $HTTP_POST_VARS["log"];         <..>
           | $user_login=$log;         <..>         SELECT ID, user_login,
           | user_pass FROM $tableusers WHERE user_login = '$user_login'
           | AND MD5(user_pass) = '$password'
           | 
           | Later it also stores the hashed password as a cookie.
           | 
           | Some quality 2003 code :)
        
             | admissionsguy wrote:
             | Not necessarily if magic quotes are enabled!!
        
               | hedgehog wrote:
               | Oh "magic quotes", we hardly miss you.
        
             | lnxg33k1 wrote:
             | 2003? If I remember correctly, SQL injection has been in
             | OWASP Top 10 until 2016
        
               | kgeist wrote:
               | The code is from 2003.
        
               | lnxg33k1 wrote:
               | Yeah, I got that, it's just that could as well be more
               | recent^^
        
       | chx wrote:
       | This destroys the Wordpress ecosystem in one move. Who is going
       | to pick Wordpress after this for a project if the Wordpress
       | leader can hamstring their site for reasons completely outside of
       | their control?
       | 
       | This entire debacle also hurts the entire open source community.
       | Look, if you think there's a trademark violation then sue them
       | for it by all means (but since they let this go for so many years
       | the outcome of this likely will be cancellation of the trademark)
       | but the rest? just don't.
       | 
       | Edit: by "the entire debacle" I meant not this specific even but
       | how WP Engine claimed Mullenweg demanded money, slandered them ,
       | all that.
        
         | tgv wrote:
         | > This entire debacle also hurts the entire open source
         | community
         | 
         | How so? IIUC, WordPress blocks access to their servers. Those
         | are not part of "open source".
        
           | phoronixrly wrote:
           | Open source has nothing to do with free support/development
           | and... now apparently it needs to be said out loud that it
           | has nothing to do with free hosting...
        
           | DonnieBurger wrote:
           | How about using the WordPress Foundation, a non-profit, to
           | attack a for-profit's competitors. They could lose their tax-
           | exempt status.
        
             | shakna wrote:
             | A nonprofit removed access to resources from a for-profit,
             | with whom _they did not have a contract_. That 's a non
             | starter.
        
               | DonnieBurger wrote:
               | There is more to the story than just this event. For
               | context:
               | 
               | https://wpengine.com/wp-content/uploads/2024/09/Cease-
               | and-De...
               | 
               | https://automattic.com/2024/wp-engine-cease-and-desist-
               | exhib...
        
               | FireBeyond wrote:
               | Well, hang on, all over this discussion you have a
               | Automattic employee being quite clear (in their
               | understanding) that wordpress.org is something Matt
               | benevolently lets the Foundation use.
               | 
               | But as you'll read, there is so much murkiness to this
               | that a mud bath would be positively transparent. The .org
               | is not the foundation, but the foundation says that it
               | pays for the .org, the .org is not the foundation but
               | lives on the foundation's AS.
               | 
               | I doubt much if anything will happen, but all this seems
               | to be doing to me is shining a light on how the
               | distinction between Matt, Automattic, WP.org, WPF, and
               | WP.com all vary depending on Matt's needs, wants and
               | priorities on any given day.
        
           | JonAtkinson wrote:
           | Because in a few months, people won't remember the details,
           | but they will remember "the time the Wordpress guy abused his
           | influence to damage the Wordpress ecosystem".
        
             | pxtail wrote:
             | Or, alternatively they could remember "the time the
             | Wordpress guy smacked freeloader leeching off the Wordpress
             | ecosystem"
             | 
             | Apart from that - major turbulences in the WP and in
             | general CMS world could be a positive thing. Maybe it's
             | time for a new player in the space. Wordpress absolute
             | dominance for basically decades kind of sucks air out of
             | the space for competitors, there are some like Ghost and
             | others but they are barely crawling compared to WP market
             | share. Apart from that even fork within WP itself wouldn't
             | necessary be a bad thing - some decisions and direction of
             | the WP itself are questionable looking from developer
             | standpoint like bringing to life insanely complicated
             | React-based toolkit as WP editor building block, archaic
             | conventions in the PHP codebase, lack of standardized
             | patterns and guidelines for plugins creation and many more.
             | 
             | Personally I would love to have PHP-based CMS, built either
             | based on Symphony or Laravel with extensive plugins and
             | theming, capabilities and resonable market share.
        
               | chx wrote:
               | A PHP based CMS based on Symfony with extensive plugins
               | and theming, capabilities and some market share?
               | https://w3techs.com/technologies/comparison/cm-drupal,cm-
               | wor...
        
               | pxtail wrote:
               | Yeah, I recently looked into their "Starshot"[0]
               | initiative to make their CMS more appealing and it's
               | interesting to some degree, but we'll see when it comes
               | out - presumably ~ Jan 15, according to the video
               | 
               | [0] https://www.youtube.com/watch?v=Wce6FkNN2Io
        
           | chx wrote:
           | I meant the entire debacle not this specific one. WP Engine
           | claimed Mullenweg demanded money, slandered them , all that.
        
       | ahmedfromtunis wrote:
       | I don't use any their products, so I don't have any community
       | insider insights, but based on what I've read so far, it seems
       | like WordPress did the right thing.
       | 
       | If another company is profiting from the '.org' ressources (very
       | heavily I'd imagine) without contributing back, then they need to
       | be cutoff.
        
         | sureIy wrote:
         | Makes no sense. Everyone is profiting off WordPress and
         | probably 0.1% of those ever contributed back.
         | 
         | Either you give away your product or you don't. It's obvious
         | the guy is being an absolute PITA because he can. This isn't
         | even his first time. Check out what happened with thesis dot
         | com.
        
           | ahmedfromtunis wrote:
           | I don't think the issue is about WordPress, the open source
           | software, but rather about using up ressources on the
           | wordpress.org servers.
        
             | 1116574 wrote:
             | Yep, Matt (wordpress guy) has a dramatic writing style, but
             | in essence WPE is using plugins, their security research,
             | user system, theming store etc, without contributing back
             | that much.
             | 
             | Worth adding that WPE is owned by private equity, and they
             | allegedly tried to remove the newsfeed from wp-admin to
             | hide his (dramatic) posts about them
        
               | dncornholio wrote:
               | My company is also a heavy user of WordPress and never
               | have contributed. We also hide those widgets. Do we need
               | to be blocked as well then?
        
               | Arnt wrote:
               | Open source is a gift. There's etiquette involved.
               | 
               | Suppose one of your developers writes on twitter that you
               | _don 't permit_ contribution, and you fire that developer
               | on the next day. What reaction do you expect from the
               | people who pay for most of the development?
        
               | cldellow wrote:
               | I keep seeing people refer to this tweet. Can you share a
               | link to it, please?
        
               | Arnt wrote:
               | I'm afraid not. I look at twitter only in incognito mode
               | and don't have any history, and can't find anything now.
        
               | batuhanicoz wrote:
               | Hiding the widgets isn't the main issue. If you infringe
               | the WordPress trademark in commercial use, and ignore any
               | attempt to make it right, and pursue legal action, W.ORG
               | does not have to provide those free services to you.
               | 
               | I'm guessing you are not size of WP Engine and Silver
               | Lake, honest question, if you were, would you want to
               | contribute back to WordPress?
        
               | manuelmoreale wrote:
               | Does your company offer a competitor to what Automattic
               | is offering, taking revenues from them, and make 500+
               | millions in revenues a year? If the answer to those is
               | yes then I'd probably keep quiet before Matt notices you
               | :)
        
               | austhrow743 wrote:
               | Seems like you should act as if you will be.
        
               | rglullis wrote:
               | Is your company building a business with half a billion
               | of dollars in revenue out the uncountable amount of man-
               | hours put into Wordpress development?
        
               | dncornholio wrote:
               | We probably made a lot more then that in the past 20
               | years.
        
               | rglullis wrote:
               | We are talking about yearly revenues here, and something
               | tells me that your company is not in the business of
               | selling services that depend on WordPress code being
               | developed
        
             | DonnieBurger wrote:
             | I think the issue is using a non-profit (WordPress) to
             | suppress a for-profit's (Automattic's) competition.
        
               | Arnt wrote:
               | I heard that there was an old handshake agreement that
               | WPEngine should contribute so-and-so many developer hours
               | to Wordpress per employee, but doesn't now and hasn't for
               | a while. At some point the CEO of Automattic, which does
               | contribute developer hours, blew up.
        
             | sureIy wrote:
             | I keep not getting it. WordPress.org is offered as a free
             | download and it accesses the website FOR FREE. Complaining
             | that people don't pay for free stuff is not a healthy
             | mental state.
             | 
             | WP Engine is no different from the million hostings that
             | auto-install WordPress and "abuse" their resources.
        
           | startages wrote:
           | WordPress Foundation is paying for the servers, so I guess
           | they have the right to choose who gets access or not. Using
           | the resources as a single person or a small business is not
           | the same as using them from a hosting company with millions
           | of websites. Other hosting companies contribute to the
           | foundation which keeps the service running. If WPEngine isn't
           | contributing anything, it would be unfair for other
           | contributors/sponsors. Especially that they are making a
           | large amount of money from it.
        
             | appendix-rock wrote:
             | You're moving the goalposts. We aren't talking about who
             | has a right to what. We're talking about what is and what
             | isn't a deranged dick move.
        
               | consteval wrote:
               | It's not at all a dick move to block IPs that essentially
               | DDOS your free services.
               | 
               | Google, Amazon, you name it do this infinite times a day
               | with crawlers.
               | 
               | If you build a business on taking resources from some
               | public source, on a large scale, you could very well be
               | out of a business at any time. This has been the case for
               | a long, long time. And nobody seems to take issue with
               | it.
        
             | sureIy wrote:
             | How would you feel if WordPress.org suddenly decided to
             | lock ALL installations across the world and ask for
             | $800/site/month to access it?
             | 
             | Is it their right? Sure. I don't think you'd be here
             | defending them though.
        
             | seb1204 wrote:
             | As so often I think it would be beneficial for the
             | conversation to provide some more context. Single user
             | install generated load VS WP generated load on the
             | infrastructure of WordPress.org
        
         | 2Gkashmiri wrote:
         | what do you mean profiting. .org is open source. where in the
         | open source licenses you are supposed to pay the original
         | maintainer a share of your revenue or contribute back in code?
         | 
         | free software gives 4 freedoms. none of them say about
         | contributing back. they only talk about freedom of source code.
         | 
         | same for OSI approved licenses. they are either permissive, MIT
         | aka, do whatever you want or like AGPL provide source code but
         | none that i can think of forces downstream users to contribute
         | back to main.
        
           | bayindirh wrote:
           | Think in _infrastructure costs_. A simple VPS is around $5
           | /mo which is enough for some users. When you're running a
           | company which has tons of users, all of them are doing
           | updates, theme pulls and whatnot.
           | 
           |  _..and WPEngine channels all these requests to
           | wordpress.org_.
           | 
           | This creates tons of load on said .org servers. When you
           | singlehandedly can increase the load number on an
           | infrastructure, the owner of the infrastructure can tell you
           | to stop. This is nothing to do with the four freedoms of
           | software.
           | 
           | SourceHut had to endure something similar due to Go package
           | repository, and they made an agreement about the bandwidth
           | management.
           | 
           | I'm ha huge GPL fan, but this doesn't mean somebody can abuse
           | their servers' resources _while making tons of money because
           | of freeloading on somebody else 's servers_.
        
             | bawolff wrote:
             | Yes, but just because you can do something, doesn't mean it
             | isn't a dick move.
             | 
             | If you are offering an API to the public, generally its
             | considered nice if you document what is considered
             | reasonable traffic and if someone is going above it, give
             | them some notice before cutting them off (unless the amount
             | of traffic is so much its affecting availability).
             | 
             | In this case, it doesn't seem to be about the amount of
             | traffic at all. It doesn't seem like WPEngine was abusing
             | the service at all but using it in the way it was expected
             | to be used. It seems like the operator of the service has a
             | financial interest in making WPEngine's life difficult, so
             | they suddenly cut them off.
             | 
             | Do they have the right to do that? Sure. Is it a dick move?
             | Definitely. Especially since no notice was given and it
             | doesn't really seem like the amount of traffic or other
             | policy violation was the issue at hand.
        
               | consteval wrote:
               | > Especially since no notice
               | 
               | I believe that for a long time there's been talk between
               | wordpress and WPE. My understanding is that WPE is
               | incredibly hostile when it comes to providing
               | compensation. Their overuse of free resources wasn't a
               | secret - it was known, and money was requested.
               | 
               | Naturally WPE said no. But of course then your IPs get
               | banned.
        
               | bawolff wrote:
               | Was it publicly posted what "acceptable usage" of the api
               | is? Was the same standard applied to other users of the
               | api?
        
         | bawolff wrote:
         | Was there ever any attempt to reach some sort of agreement on
         | what appropriate usage would be?
         | 
         | I imagine if this was the real issue, then WPEngine could
         | probably sort out some fair solution to not use more than their
         | fair share. I dont know much about this ecosystem but surely a
         | caching proxy is not hard to setup.
         | 
         | However reading between the lines, it sounds like the real
         | issue is that WPEngine is more succesful which is making other
         | players jealous, who are using their control over other parts
         | of the ecosystem to give WPEngine the middle finger. In such a
         | case its not really about resourse usage.
        
           | batuhanicoz wrote:
           | We made many attempts to communicate and solve these issues
           | long before it was made public.
           | 
           | They were asked to contribute back, either in cash or in
           | people hours and they refused.
        
             | fortyseven wrote:
             | Well, I hope the blow to the reputation was worth it.
             | Regardless of what is claimed to have happened behind the
             | scenes, the very public meltdown is what's going to live
             | on. It's already sowing doubt internally, where I work,
             | about recommending WordPress in general going forward.
        
         | Spivak wrote:
         | They're not though, WPEngine's users are the ones installing
         | plugins. If I host my own WP site and profit off of it I'm sure
         | I'll be allowed to download plugins. Why does that change when
         | I hire someone to host it for me?
        
       | robjwells wrote:
       | Here's Matt Mullenweg's post on Wordpress.org announcing this:
       | https://wordpress.org/news/2024/09/wp-engine-banned/
       | 
       | There is some further discussion in the HN thread on the WP
       | Engine incident: https://news.ycombinator.com/item?id=41655578
        
         | martin_a wrote:
         | I don't understand what the actual problem is. What did
         | WPEngine do to use "wordpress.org resources"? That article is
         | very... non-informative.
        
           | robjwells wrote:
           | I believe in this instance he's referring to WP Engine
           | installations of WordPress pulling from the WP.org plugin &
           | theme registries.
           | 
           | There is a longer story in which Mullenweg has claimed that
           | WP Engine does not contribute sufficiently to the WordPress
           | open-source project, and that the use of "WP" in their name
           | supposedly created confusion and infringes the trademarks of
           | the WordPress open-source project. WP Engine disputes this.
           | 
           | Of course the elephant in the room is that Mullenweg is the
           | CEO of a rival for-profit WordPress host (Automattic), but
           | has made his claims against WP Engine from his position in
           | the open-source WordPress project.
           | 
           | Perhaps a board of non-Automattic WordPress project people
           | would come to the same conclusions about WP Engine, but the
           | current situation reeks of conflict of interest.
           | 
           | Ultimately the ones paying the price here are the users of WP
           | Engine-hosted WordPress installations, who have been cut off
           | from plug-in and theme updates with no warning.
        
             | asmor wrote:
             | Automattic also has a very direct competitor in Pressable -
             | who are currently running a WP Engine contract buyout
             | promotion in their header.
             | 
             | Horrid look.
        
             | martin_a wrote:
             | I see. What a BS. It's obvious that this is a business move
             | by Automattic.
             | 
             | Akismet was (is?!) bundled with every fresh WP
             | installation. That is a product by Automattic, so why is it
             | bundled with the Open Source "product"? It's an unfair
             | competitive advantage over every other company/person that
             | provides a plugin for that. Nobody cared or was just feared
             | to pick up that fight.
             | 
             | Drawing the line at WPEngine seems random, too. There are
             | so many bigger or smaller competitors in that space, it's
             | just somewhat random to pick them out and complain that
             | they don't give back.
             | 
             | Lousy move.
        
             | miki123211 wrote:
             | WP Engine is also claiming that Mullenweg tried to "extort"
             | them. He allegedly asked WP Engine to pay astronomical
             | amounts of money to WordPress, or he'd go on a smear
             | campaign against them. THe demands were allegedly refused,
             | and it seems that he has indeed started such a campaign.
             | 
             | The claims were made in an official letter to Automattic
             | that included proof in the form of screenshots, and that
             | was written by a legal professional[1]. I personally think
             | it's unlikely that an actual lawyer would risk their
             | reputation and fabricate something like that.
             | 
             | [1] https://news.ycombinator.com/item?id=41631912
        
               | ceejayoz wrote:
               | > I personally think it's unlikely that an actual lawyer
               | would risk their reputation and fabricate something like
               | that.
               | 
               | The various disbarred folks from Trump's 2020 legal team
               | serve as a pretty effective counter example.
        
               | fortyseven wrote:
               | "How much can I poison the well of public opinion about
               | my high paying client and get away with it."
        
               | chuckadams wrote:
               | Trump is notorious for not paying his lawyers, so as
               | representation goes, he's left with a bag of mixed nuts
               | to say the least.
        
               | Terretta wrote:
               | > _He allegedly asked WP Engine to pay astronomical
               | amounts of money to WordPress..._
               | 
               | If we use the word "astronomical" to represent a
               | percentage of profits, what word do we use to describe
               | the profits?
        
               | ceejayoz wrote:
               | WP Engine asserts they demanded "a significant percentage
               | of its gross _revenues_ ", not profits. I'm not sure we
               | know what their margin is.
        
               | JimDabell wrote:
               | Matt Mullenweg confirmed:
               | 
               | > They had the option to license the WordPress trademark
               | for 8% of their revenue, which could be delivered either
               | as payments, people (Five for the Future .org
               | commitments), or any combination of the above.
               | 
               | -- https://www.reddit.com/r/Wordpress/comments/1fnz0h6/ce
               | ase_de...
        
             | whizzter wrote:
             | Conflict of interest, perhaps. Reading about the issues
             | though, gimping the product for pennies and then modifying
             | customers sites to censor things.
             | 
             | At some point, every bad behaviour in a software ecosystem
             | affects other parties and even if his personal role does
             | cause a conflict of interest all the things mentioned seems
             | to point to a party that doesn't respect the ecosystem.
             | 
             | Reminds me of the whole Elastic search vs Amazon stuff that
             | seems to have mellowed down now.
             | https://www.elastic.co/blog/elasticsearch-is-open-source-
             | aga...
        
           | asmor wrote:
           | This is the equivalent of NPM, Maven or PyPi cutting off an
           | enterprise artifact repository because they don't donate
           | enough to keep those services running. Especially the lack of
           | notice makes it an unprofessional garbage move.
        
             | cies wrote:
             | Does the notice need to be public? They are fighting for a
             | while, I think WPEngine knew what Automattic demanded (and
             | hence could foresee what happens if they continue). They
             | were/are probably already working on an alternative.
        
           | technion wrote:
           | Imagine aws offers a hosted node application service.
           | 
           | Then, because aws doesn't give anything back, npm blocks the
           | aws ip range, and suddenly existing aws customers can't
           | install modules or security updates.
           | 
           | That's pretty much what happened here. I get the "you should
           | give back" ideal, but make no mistake, this is because wp
           | engine is eating their lunch.
        
             | cies wrote:
             | Automattic offers more than just the source code of WP.
             | 
             | Anyone is still free to use the source, but the services
             | they provide are not free.
             | 
             | > Imagine aws offers a hosted node application service.
             | Then, because aws doesn't give anything back, npm blocks
             | the aws ip range, and suddenly existing aws customers can't
             | install modules or security updates.
             | 
             | It's a good analogy. AWS does it a lot, but it does so with
             | open source projects that do not have much paid services.
             | Reading from the article, Automattic provides many services
             | (possibly paid, in some freemium model).
             | 
             | I'd welcome if some projects manage to get AWS to give
             | back. They do way too little if you ask me.
             | 
             | > I get the "you should give back" ideal, but make no
             | mistake, this is because wp engine is eating their lunch.
             | 
             | Yes. Giving back could be a deal that involves money.
        
               | danillonunes wrote:
               | I understand it would be ideal for business to give back
               | with money to open source projects, but this issue is
               | being handled in the worst possible way by Matt.
               | 
               | So WordPress code is FOSS, so you can theoretically
               | change the code, except when you change the line that
               | will keep revisions to cut your costs, if you do that he
               | will yell at you.
               | 
               | WordPress' repository is free as in beer, you can
               | download all you want without paying. Heck, even WP code
               | is setup so it downloads from there by default. Except
               | when you happen to host in a company that has a very
               | specific set of issues (alleged trademark issues +
               | profits over a particular threshold + not giving back to
               | community; other companies who have only one of those
               | issues but not all of them are fine), then he'll block
               | you.
               | 
               | The main issue here is the lack of a clear contract of
               | what you can or cannot do. Seems like he is just figuring
               | out the rules along the way. This gives to external
               | observers the impression that the whole thing is
               | unreliable.
        
               | consteval wrote:
               | Open source makes absolutely zero distinction about how
               | the source code is provided. You aren't required to keep
               | a free-to-use service up to download your code. You only
               | must produce it when requested.
               | 
               | Not too long ago you would pay for disks containing open
               | source software.
        
       | Raed667 wrote:
       | TBH i don't mind this, open-source means you can use the code,
       | but you're not entitled to infra and services.
        
         | asmor wrote:
         | If you integrate your code to have hard dependencies on a third
         | party server that is provided for free, that's as much part of
         | an implicit social contract as is channeling a subset of
         | earnings back at a project if you're successful. So it may be
         | okay in this instance, but the no notice part is still bad.
         | 
         | WordPress used to not even have a way to have plugins and
         | themes that didn't ask to be updated via WP.org - so you could
         | provoke an update to someone's private plugin if you knew its
         | name. I know because I filed the bug that lead to it being
         | fixed.
         | 
         | But everything in this instance is making Matt and his company
         | look bad. Their complaint seems to be that revisions are not
         | enabled by default on WP Engine and this is somehow breaking
         | the core philosophy of WordPress and the few bytes of text WP
         | Engine saves are supposedly profit seeking, not a performance
         | problem as WP Engine claims.
         | 
         | Additionally, one of Matt's commercial ventures, Pressable, is
         | currently offering to buy out your WP Engine contract if you
         | switch to them. Breaking a competitors product and then
         | offering to buy out their customers should be a red flag in
         | choosing an open source solution.
        
           | Raed667 wrote:
           | I don't have a dog in this fight, but if you built a multi-
           | million business around that code, it is just sane for you to
           | patch the code so that your core business doesn't 100% depend
           | on someone else's free service (plugin marketplace hosting
           | for example)
           | 
           | This entire situation screams drama but I can see where Matt
           | is coming from, even though he could have handled things with
           | more grace.
        
             | seb1204 wrote:
             | I also don't have a dog in the fight but reading for a few
             | minutes I have the impression there have been previous
             | attempts to engage with WPE to contribute. I might be
             | wrong.
        
         | batuhanicoz wrote:
         | Infra, services and trademarks. They are not part of the GPL
         | license. Everyone is welcomed to use any GPL code as they see
         | fit, as long as they are within their limits as outlined in the
         | license.
         | 
         | But this does not mean W.ORG has to keep providing these free
         | services to you and your customers, and it does not mean you
         | are free to use trademarks in a misleading way.
         | 
         | Disclaimer: I work at Automattic.
        
           | mikeyinternews wrote:
           | I've been a WPE customer for about 3 years and have never
           | been confused by the "WP" in their name.
        
             | trvr wrote:
             | It's not about WP in the company name. It's about loosely
             | using the words "Wordpress" and "WooCommerce" all over
             | their website in ways that violate trademarks.
        
               | graeme wrote:
               | Could you please explain in which way trademarks were
               | violated? Nominative use is explicitly allowed according
               | to long established caselaw.
               | 
               | https://en.m.wikipedia.org/wiki/Nominative_use
        
               | trvr wrote:
               | I'm not a lawyer, but WP Engine is selling products on
               | their website literally named "Core Wordpress". That
               | seems like it might be a violation.
        
               | graeme wrote:
               | For there to be a violation there has to be a reasonable
               | prospect of consumer confusion by the consumers in the
               | target market. The page is labelled "Choose your
               | WordPress Hosting plan"
               | 
               | Someone who is in the market for Wordpress hosting is
               | almost certainly aware they have Wordpress and that they
               | need hosting for it. Wordpress is a nominative use to
               | refer to the entity, and Core is an adjective which in
               | context means central.
               | 
               | Do you actually think there are meaningful numbers of
               | people who have believed that WPEngine is actually
               | wordpress itself? That would be the standard.
               | Wordpress.com leads to much more confusion on a regular
               | basis.
        
               | trvr wrote:
               | "Do you actually think there are meaningful numbers of
               | people who have believed that WPEngine is actually
               | wordpress itself?"
               | 
               | Yes.
               | 
               | "Wordpress.com leads to much more confusion on a regular
               | basis."
               | 
               | Wordpress.com has a license to use the Wordpress
               | trademark. I don't believe we should be comparing
               | Wordpress.com to WP Engine here.
        
               | graeme wrote:
               | Fair enough on wordpress.com. It still doesn't strike me
               | as plausible that any reasonable person in a purchasing
               | decision thinks WPengine is wordpress itself. I certainly
               | haven't seen any such confusion online.
        
             | seb1204 wrote:
             | Would you agree that WPE automatically makes a mental
             | connection to WordPress? I dare say this would not be the
             | case if it was named Josh Mutton Engine JME
        
           | subarctic wrote:
           | I only know about this from the two hn threads I've read, but
           | it seems like he could have at least announced this publicly
           | a week in advance or so and given them a bit of time to self-
           | host all this stuff before cutting off their access. Right
           | now seems like he's trying to harm WPEngine by harming their
           | customers and that doesn't make him look good.
        
       | vouaobrasil wrote:
       | I've used Wordpress self-hosted for a long time and this seems
       | like a non-issue. WPEngine can use the Wordpress codebase but why
       | should they be entitled to the services provided by Wordpress? I
       | say this is a good thing.
        
         | yreg wrote:
         | > why should they be entitled to the services provided by
         | Wordpress?
         | 
         | They are not entitled to them, but Wordpress has previously
         | decided to offer those services. Wordpress donors most probably
         | expected that these services will continue to be provided to
         | anyone.
         | 
         | The controversial part is that now they apparently establish a
         | policy that Matt Mullenweg (the owner of for-profit
         | Wordpress.com) can arbitrarily ban competitors in case he
         | doesn't like them.
        
           | batuhanicoz wrote:
           | WordPress.org (the service that banned WP Engine) is not
           | funded by donors. WordPress Foundation is the non profit
           | entity that has donations.
        
             | paulgb wrote:
             | Interesting, so then who pays to run wordpress.org?
             | 
             | I notice a donate link in the footer, which goes to the
             | foundation, but to your point, the foundation seems to
             | avoid saying outright that the funding goes to running .org
             | (instead saying that Matt has been involved with them)
             | https://wordpressfoundation.org/projects/
        
               | batuhanicoz wrote:
               | WordPress.org is operated by Matt Mullenweg as a free
               | service that hosts plugins, themes, docs and more. It
               | does not take donations, or as far I am aware, make any
               | profits.
               | 
               | Instead, people are encouraged to donate to the
               | Foundation, which helps with the development of WordPress
               | the software and organizes things like WordCamps.
        
               | jacooper wrote:
               | This is stupid, something like WordPress.org should
               | obviously be under the foundation, as it's an essential
               | part of the entire wp ecosystem.
        
               | JimDabell wrote:
               | Wait, so if somebody goes to WordPress.org, clicks the
               | donate button, arrives at a page to donate to the
               | WordPress Foundation, and donates, that money does not go
               | towards funding WordPress.org?
               | 
               | The blurb on the donation page reads:
               | 
               | > Money raised by the WordPress Foundation will be used
               | to ensure free access to supported software projects,
               | protect the WordPress trademark, and fund a variety of
               | programs.
               | 
               | "Supported software projects" is a link that leads to a
               | page that lists these software projects:
               | 
               | - WordPress
               | 
               | - WordPress Plugins
               | 
               | - WordPress Themes
               | 
               | - bbPress
               | 
               | - BuddyPress
               | 
               | It sure _looks_ like the WordPress infra and plugins are
               | supported by the donations from the WordPress.org footer
               | link. If the money is going elsewhere, where is it going?
        
               | KomoD wrote:
               | So why is it hosted on IP addresses associated with the
               | foundation?                   %rwhois V-1.5:003eff:00
               | rwhois.singlehop.com (by Network Solutions, Inc.
               | V-1.5.9.5)         network:Class-Name:network
               | network:ID:ORG-SINGL-8.198-143-164-0/24
               | network:Auth-Area:198.143.128.0/18         network:IP-
               | Network:198.143.164.0/24
               | 
               | >>> network:Organization:The Wordpress Foundation
               | network:Street-Address:660 4TH ST # 119
               | network:City:SAN FRANCISCO         network:State:CA
               | network:Postal-Code:94107         network:Country-Code:US
               | network:Tech-Contact;I:NETWO1546-ARIN
               | network:Admin-Contact;I:NETWO1546-ARIN
               | network:Abuse-Contact;I:ABUSE2492-ARIN
               | network:Created:20171214         network:Updated:20171214
        
               | snowwrestler wrote:
               | The funniest outcome to this little internecine WP fight
               | would be an IRS investigation into the intermingling of
               | Wordpress.org, Foundation, Automattic, Matt, etc.
        
             | yreg wrote:
             | Isn't WordPress.org connected to WordPress foundation? They
             | have a Donate link in the footer.
             | 
             | What about all of these: "user login system, update
             | servers, plugin directory, theme directory, pattern
             | directory, block directory, translations, photo directory,
             | job board, meetups, conferences, bug tracker, forums,
             | Slack, Ping-o-matic, and showcase" - are all of those
             | services provided by WordPress.org without funding from
             | WordPress foundation?
        
               | batuhanicoz wrote:
               | > are all of those services provided by WordPress.org
               | without funding from WordPress foundation?
               | 
               | As far as I am aware, this is correct.
        
             | swores wrote:
             | I believe that you're mistaken and have flipped them the
             | wrong way round: Wordpress.org is the official website of
             | the open source project owned by the WordPress Foundation,
             | while WordPress.com is the company owned by Automattic.
             | 
             | https://wordpress.org/about/
             | 
             | https://en.m.wikipedia.org/wiki/WordPress#WordPress_Foundat
             | i...
             | 
             | https://wordpressfoundation.org/projects/
             | 
             | https://en.m.wikipedia.org/wiki/Automattic
        
               | batuhanicoz wrote:
               | I work at Automattic, owner of WordPress.com.
               | 
               | I asked how WordPress.org is funded and will get details
               | on that but I can tell you WordPress.org is not part of
               | the foundation.
               | 
               | Open source project and the WordPress trademark are owned
               | the WordPress Foundation. WordPress.org has a license to
               | use the name from the Foundation, as does Automattic.
        
               | swores wrote:
               | The WordPress Foundation links to wordpress.org as the
               | official site for their project called WordPress, and
               | wordpress.org directs donors to donate at
               | wordpressfoundation.org so it's hard to see how you could
               | be right, but if you can come back explaining that then
               | I'll happily admit to having been confused by it all.
        
               | batuhanicoz wrote:
               | Projects page of the Foundation
               | (https://wordpressfoundation.org/projects/) does not say
               | those projects belong to the Foundation. It states:
               | 
               | > Matt Mullenweg, the director of the WordPress
               | Foundation, has been directly involved in the creation
               | of, or coordination of volunteers around, a number of
               | WordPress projects that espouse the core philosophy
               | 
               | I'll admit this might sound confusing. Foundation came
               | years after some of these projects were already
               | established.
        
               | ceejayoz wrote:
               | If https://www.gatesfoundation.org/ had a page titled
               | "Projects" that listed "death camps" as the first item,
               | you would assume they're up to something, right?
        
               | KomoD wrote:
               | They do link to wordpress.org outside of that.
               | 
               | https://wordpressfoundation.org/contact/
               | 
               | says "a violation of our domain policy." and links to
               | wordpress.org, why would their domain policy be on a site
               | that isn't theirs?
               | 
               | And then wordpress.org says "For various reasons related
               | to our WordPress trademark", how can wordpress.org say
               | "our" if the foundation owns the WordPress trademark and
               | .org is not run by the foundation?
               | 
               | > Projects page of the Foundation
               | (https://wordpressfoundation.org/projects/) does not say
               | those projects belong to the Foundation. It states:
               | 
               | But their site does say that money raised will be "used
               | to ensure free access to supported software projects,
               | protect the WordPress trademark, and fund a variety of
               | programs." and links to the projects page that contains
               | wordpress.org... but you said it isn't funded by the
               | donations from the foundation
        
               | danillonunes wrote:
               | Ironic how this whole thing started with an allegation
               | that WP Engine makes things confusing. I wonder if Matt's
               | mom can tell the difference between WordPress Foundation
               | and WordPress.org.
        
               | slyall wrote:
               | So you have:
               | 
               | Wordpress.org which is directly controlled by Matt
               | Mullenweg
               | 
               | Automattic (ie wordpress.com) whose CEO is Matt Mullenweg
               | 
               | and The WordPress Foundation which is run by (checks
               | notes) Matt Mullenweg
               | 
               | Yet you seem to think we should treat all three of those
               | entities (Matts?) as separate and independant
        
       | jeswin wrote:
       | If like Matt says, they contribute little back to Wordpress then
       | I am with Automattic on this. If you're a tiny org, you don't
       | need to contribute back. But if you're making half a billion in
       | revenue every year on top of someone else's tech, you need to
       | stay involved and contribute back in a very significant way.
       | 
       | Now one could say that the license allows that and it's legal.
       | Sure, but so is cutting their free access off. If WPEngine is
       | just leeching and spending nothing on improving the product,
       | there's no way anyone can compete with them on price. Open Source
       | is expensive, people need to be paid.
       | 
       | Bottom line: Size matters. Meta's company-size based licensing
       | (as seen in Llama) is a step in the right direction. FOSS
       | projects should adopt it more widely where it matters.
        
         | asmor wrote:
         | This is a horrible way to go about it though. WP Engine users
         | are still WordPress users, and cutting them off without notice
         | is very shitty. I wouldn't trust WordPress for anything after
         | this, if all that it takes to cut you off from updates -
         | potentially security updates - is Matt Mullenweg not liking you
         | (or your ISP).
        
           | cies wrote:
           | They could move their sites over to the WordPress.com, can't
           | they?
           | 
           | Since they offer competing services in the first place.
        
             | RealStickman_ wrote:
             | Is that supposed to make this blatantly anti-competitive
             | behaviour okay?
        
               | cies wrote:
               | Sorry? Their service is... their service! They can extend
               | of refuse service to whom they want.
               | 
               | Automattic is releasing source code, which, in my book,
               | is being super friendly to competitors. It seems to me
               | you are holding the good guys (that release under FLOSS
               | licenses) to a higher standard than any other company
               | that keeps the source to them selves.
        
               | n3storm wrote:
               | WordPress.org is not "apparently" Automattic
        
               | ValentineC wrote:
               | > _Automattic is releasing source code, which, in my
               | book, is being super friendly to competitors._
               | 
               | WordPress is a GPL project.
        
               | consteval wrote:
               | How is it anti-competitive to stop people smashing your
               | APIs? That shit costs money man. It's not free to provide
               | web resources to hundreds of thousands of people.
               | 
               | WPE is essentially DDOSing WP for free. Obviously that
               | shit doesn't fly. Either pay up or get your own server
               | and host your own shit.
        
             | asmor wrote:
             | WPCOM is a very limited WordPress - much more limited than
             | Mullenweg is accusing WP Engine of being.
             | 
             | The real competitor in Automattics portfolio is Pressable.
             | Who are currently running a poaching campaign on their
             | frontpage.
        
               | batuhanicoz wrote:
               | WordPress.com started out as a WordPressu (WordPress
               | Multi User) provider. Just a place for people to quickly
               | start their own blogs, mainly hosted on a WordPress.com
               | subdomain. To learn more about WordPress MU:
               | https://codex.wordpress.org/WordPress_MU
               | 
               | "WordPress hosting" is a relatively new option on
               | WordPress.com. Pressable is a more advanced WordPress
               | hosting provider, built by Automattic.
               | 
               | Disclaimer: I work at Automattic.
        
               | prox wrote:
               | Obviously you don't have to answer, but it feels like
               | with Pressable as a product, WPE suddenly became a big
               | competitor to the bottom line. It is here where the
               | optics suddenly become shady. Like WPE has been running
               | like they do for years, and now suddenly it is a big
               | problem? Like why now?
               | 
               | Personally I also don't like that the .org suddenly
               | becomes weaponized. If this can be done to WPE, it can be
               | done to anyone else really.
        
             | dncornholio wrote:
             | WordPress.com is actually doing the exact shady things that
             | WP Engine does. Confusing WordPress.org users that they
             | need a paid account to run WordPress.
        
               | cies wrote:
               | You need to pay for hosting right? Nothing new.
               | 
               | Sure WP also has some freemium model, but I do not
               | consider that shady.
               | 
               | Have you seen the Automattic CEO talk (link to YT in
               | other comment in this thread). I dont think he's in shady
               | business: he's releasing loads of source code under the
               | GPL!
        
               | thekid314 wrote:
               | He's also using the foundations copyright to target the
               | primary competitor to his for-profit business, demanding
               | that they invest in the profits of the for-profit
               | company, at the expense of the WordPress open-source
               | community. None of this looks altruistic or for the good
               | of wordpress.org.
        
             | mikeyinternews wrote:
             | WPE isn't cheap and subscriptions are typically yearly
             | contracts, so it's not that simple for those operating on a
             | specific budget
        
             | lolinder wrote:
             | And herein lies the conflict of interest. WordPress.org is
             | acting in the interests of Automattic at the expense of the
             | community.
        
           | bachmeier wrote:
           | If you're running a large business and you don't have a plan
           | in case a free resource provided by someone else goes away,
           | you shouldn't be in business. It really is that simple.
        
             | EasyMark wrote:
             | "The market is merciless" is something a business should
             | always keep in mind, at least when their existence isn't
             | guaranteed for some reason.
        
             | lolinder wrote:
             | OP isn't talking about large businesses, they're talking
             | about the hundreds of thousands of small businesses using
             | WP Engine as a host.
        
               | bachmeier wrote:
               | Those small businesses are purchasing something from WP
               | Engine. It's up to WP Engine to deliver, and it's
               | ridiculous if a company that size fails to deliver
               | because they were freeloading without having a backup
               | plan in place. The fault is entirely on WP Engine (who
               | sold the service) not Wordpress (who made no promises at
               | all to WP Engine customers).
        
         | dncornholio wrote:
         | Where does it state that if you profit x amount of profit you
         | should contribute back? What is the maximum amount of profit
         | you can make?
        
           | cies wrote:
           | Do they have to state it? I think you simply get a phone call
           | to pony up some cash when Automattic has you on their radar.
        
           | jeswin wrote:
           | > Where does it state that if you profit x amount of profit
           | you should contribute back?
           | 
           | It doesn't. But it doesn't say anywhere that you should get
           | resources (like storage and compute) for free either.
           | 
           | > What is the maximum amount of profit you can make?
           | 
           | I don't know. But I can argue that someone bringing in 500
           | million a year in revenue should be acting differently from
           | someone bringing in 500k a year. If they contribute back
           | little or nothing, no other player (such as Automattic) who
           | contributes back will be able to compete with them.
        
           | prox wrote:
           | Apparently that's Matts problem, he says Automattic is giving
           | a lot more back (4000 hours or so) and WPE is doing like 40
           | hours.
           | 
           | So yeah, is WPE in the right to not give back?
           | 
           | At the heart of this is the same song of making money and the
           | idea of fairness. I honestly don't know the groundrules here.
        
             | fragmede wrote:
             | ethically or legally? because they both matter, but they
             | are decided in the court of public opinion and of law,
             | respectively, but only one carries actual fiscal weight.
        
               | prox wrote:
               | Personally, and I need to read more, is that ethically
               | the problem lies with sharing. Is Matt/automattic
               | ethically obliged due compensation? I think not. WP
               | Engine is its own company like automattic. Would it grace
               | WPE if they do compensate with money or resources?
               | Obviously, but then you might also want to put them in
               | the foundation oversee committee if they do half of the
               | work.
               | 
               | The law, I have no idea in what direction this is going
               | to go!
        
               | FireBeyond wrote:
               | > Is Matt/automattic ethically obliged due compensation?
               | 
               | This question here goes straight to the heart of things.
               | 
               | WP.org is a 501(c)3 organization. Ostensibly, it has
               | absolutely nothing to do with Automattic. Reality...
               | appears to be somewhat different.
               | 
               | If there were compensation due, it would not be to
               | Automattic.
               | 
               | WP.org has a board of directors, not a dictator.
               | Ostensibly, Matt is the Chairman. Why would he be due
               | compensation?
               | 
               | The fact that such questions even arise shows just how
               | ... murky ... Matt/WP.org/WP.com/Automattic's
               | interactions are.
        
           | EasyMark wrote:
           | It's in your own self interest to know what you've built your
           | business on and have a backup plan if the bottom falls out. I
           | don't really have any compassion for them, but I do for their
           | users.
        
         | yreg wrote:
         | If you have such expectations then clearly state the rules.
         | 
         | - individuals and companies under $a yearly revenue can use the
         | product for free
         | 
         | - companies under $b have to pay $x
         | 
         | - companies under $c have to pay $y
         | 
         | Pretending that something is free to use and then getting
         | disappointed when someone rich indeed uses that thing for free
         | and fighting with them doesn't help anyone at all. (This is not
         | specific to Wordpress.)
        
           | lnxg33k1 wrote:
           | I feel like there could be little need for rules if people
           | had a little common sense, then if you have targets, other
           | start doing the bare minimum, I'd rather have parasites like
           | WPEngine put off
        
             | EasyMark wrote:
             | I agree, if I would making bookoo bucks off of someone
             | else's "open"platform, you could be 100% sure I would be
             | feeding the golden goose some grain to build some rapport.
             | If I'm playing with it in my homelab, maybe not so much but
             | try occasionally to donate if it's an OSS project that
             | $10-50 makes a difference for.
        
               | eli wrote:
               | And if you didn't want to do that it would be appropriate
               | for the OSS project to retaliate?
        
               | consteval wrote:
               | It's not retaliation to revoke free access to your web
               | resources.
               | 
               | If I scrape some website, I could be IP banned at any
               | time. That's just how it goes.
               | 
               | It's one thing to use web resources on a small scale, as
               | a user. It's another to milk them dry and practically
               | DDOS their servers. That can, and will, get you banned.
               | Open source or not.
        
               | nijave wrote:
               | It is if they get mad you sent a cease and desist.
        
               | eli wrote:
               | Of course it's retaliation. Wordpress.org said as much in
               | the announcement - they don't like WP Engine's business
               | model, don't think they contribute enough upstream, etc.
               | And therefore they cut off access to the wordpress.org
               | update servers. Nothing about "practically DDOS" of the
               | server.
        
             | dingnuts wrote:
             | in this case the "rules" you're talking about are licensing
             | terms, so I have trouble interpreting your statement as
             | anything other than "licenses wouldnt be needed if everyone
             | would just use software the way the author wants"
             | 
             | How is WPEngine a parasite? If you don't want people to use
             | your code don't release it GPL
        
               | consteval wrote:
               | Has absolutely nothing to do with the license, the code
               | was and is GPL-2.
               | 
               | GPL-2 doesn't force you to allow free access to web
               | resources. This is a separate problem altogether. You'd
               | get banned even if they were closed source.
        
             | 0cf8612b2e1e wrote:
             | Does that mean every successful company needs to start
             | financing Linux, curl, Postgres, Python, etc which are
             | undoubtedly powering who knows how much internal
             | infrastructure?
             | 
             | Either you are a free license or not.
        
               | voltaireodactyl wrote:
               | What you describe constitutes an ideal scenario, frankly.
               | Similar to paying taxes for using roads for deliveries.
        
               | BadHumans wrote:
               | I would actually say yes, they should start doing exactly
               | that.
        
               | vagrantJin wrote:
               | Its not a crazy concept , the real world non-idealized
               | version of your statement is called tax. We pay taxes for
               | access to free public services.
        
               | krapp wrote:
               | It is a crazy concept, because taxes are coerced by
               | governments under the threat of violence, whereas the
               | freedoms of FOSS software are intended to be entirely
               | non-coercive. To require compensation of any kind for
               | access and the right to use and distribute code is
               | contrary to the spirit of free and open source software.
               | 
               | If people want to do that, then fair enough, just don't
               | call if free or open source. And don't license your code
               | under free or open source licenses if you care about
               | getting credit or compensation or anything but maximizing
               | software freedom.
        
               | aleph_minus_one wrote:
               | > It is a crazy concept, because taxes are coerced by
               | governments under the threat of violence, whereas the
               | freedoms of FOSS software are intended to be entirely
               | non-coercive.
               | 
               | In doubt, you will have to enforce the freedoms of FOSS
               | by going to a court (i.e. use the governmental "violence
               | enforcement system"). On the other hand, if you pay your
               | taxes "voluntarily", you won't be coerced by the
               | government.
               | 
               | In other words: in both cases threats of violence are
               | involved.
        
               | snowwrestler wrote:
               | Ok but taxes that are invented on the spot by an all-
               | powerful ruler, and imposed by surprise, under immediate
               | threat, do not have a great history in modern society.
        
               | ankleturtle wrote:
               | Free public services are a finite resource. Already
               | existing software is not.
        
               | ValentineC wrote:
               | Software maintenance is a finite resource too.
        
               | ankleturtle wrote:
               | Software maintenance is not already existing software
               | though.
        
         | martin_a wrote:
         | > If you're a tiny org, you don't need to contribute back. But
         | if you're making [...] contribute back in a very significant
         | way.
         | 
         | I'd like to see the price list on this beforehand, so I can
         | decide whether I want to be a tiny org or a big one. Where's
         | that pricelist?
        
           | consteval wrote:
           | You don't get one. It's a matter of discretion. Don't be an
           | asshole and you won't have problems.
           | 
           | You'll find that the real world is filled to the brim with
           | exceptions, discretion, and the under-the-table deals. The
           | ones who succeed know how to coax and build them. The ones
           | who fail demand hard rules. Typically, those "hard rules"
           | start at 0, and you get nothing.
        
             | lolinder wrote:
             | > Don't be an asshole and you won't have problems.
             | 
             | Unless you accidentally end up doing business with an
             | asshole. Matt is definitely making himself look like a
             | danger to do business with--maybe WP Engine just
             | successfully baited him into acting against his community
             | and killing trust and he's not actually as unhinged as he
             | sounds here... but few people would be willing to bet money
             | on that.
        
         | Sebb767 wrote:
         | > Meta's company-size based licensing (as seen in Llama) is a
         | step in the right direction.
         | 
         | We have been bitten by that hard in the past. As a small
         | company (a few students, hardly 5 figure revenue) we've sold
         | our product to a known household-brand to use as a gadget for
         | an exhibition. In said product, we used a library that used
         | revenue-based licensing. For some reason, the company behind
         | that library heard of us having scored that customer and
         | suddenly demanded insane amount of licensing fees. Luckily, the
         | purchasing department of the customer offered to handle this
         | and negotiate a deal; otherwise, this could have immediately
         | sunk our company.
        
         | mrkramer wrote:
         | >If you're a tiny org, you don't need to contribute back. But
         | if you're making half a billion in revenue every year on top of
         | someone else's tech, you need to stay involved and contribute
         | back in a very significant way.
         | 
         | For example Sony sold more than 100 million units of PS4 and
         | made billions of dollars from it and how much they contributed
         | to the open source projects they've used in PS4? Take a look at
         | OSS projects used in PS4: https://www.playstation.com/en-
         | us/oss/ps4/
         | 
         | Did they contribute anything? Did they contribute 100% enough
         | or just 20% or 30%?
         | 
         | If the software is open sourced and if license allows you to do
         | anything with it then you are indeed free to do anything with
         | it including selling products which include OSS.
        
           | hobofan wrote:
           | 1. This is pure whataboutism. Just because Sony doesn't
           | contribute (I don't know whether they do or don't), doesn't
           | make it right.
           | 
           | 2. There is obviously a difference between "selling products
           | that include OSS" and "selling OSS 1:1". It's not like Sony's
           | firmware/dashboard is maintained by
           | "OpenGamingConsoleDashboard" and they are selling a 95%
           | repackage of that to their end users (also ignoring the
           | hardware). This pertains to the software maintenance
           | logistics layer and not the licensing layer. Sure, both in
           | the Sony and WPEngine cases they are in the clear on the
           | licensing, but that doesn't make for sustainable development
           | of the underlying software. I'd also wager that if the OSS
           | projects used in the PS4 would drum up enough of a social
           | media stink, they'd have decent chances of getting some
           | compensation (e.g. the TLDraw maintainers did that quite a
           | few times successfully).
        
             | KomoD wrote:
             | They're not "selling OSS 1:1", they're selling managed
             | hosting.
        
           | consteval wrote:
           | You're free to do it but nobody has to help you certainly.
           | 
           | Ultimately it's a matter of common sense. Sure, if I leave
           | out my "take one" bowl on Halloween and someone takes it all,
           | there's no rules against that. But next year I might be more
           | cautious and hand out the candy myself - now what?
           | 
           | If you've built a business off taking all my candy and
           | reselling it, you're fucked! If you had just been less greedy
           | and taken, say, 10 instead of the whole bowl I might not have
           | cared.
        
           | spookie wrote:
           | Sony contributes back. To FreeBSD even, they are even listed
           | in their list of contributors.
           | 
           | Hell they're one of the only 2 companies that let you compile
           | android with their firmware for their phones. They even have
           | instructions on their site.
           | 
           | This is whatabouttism, but damn, they don't deserve this
           | kinda talk.
           | 
           | Example: https://github.com/freebsd/freebsd-
           | src/blob/0abe05aeac29d997...
        
             | mrkramer wrote:
             | >Sony contributes back. To FreeBSD even, they are even
             | listed in their list of contributors.
             | 
             | I just used Sony as an example to tinker what is the
             | definition of contributing enough that Matt Mullenweg was
             | talking about:https://wordpress.org/news/2024/09/wp-
             | engine/#:~:text=(To%20....)
             | 
             | I don't have anything against Sony.
        
           | Wowfunhappy wrote:
           | I think this issue is complicated and I have no answers.
           | However, I do feel Wordpress is much more central to
           | WPEngine's business than e.g. FreeBSD is to Sony's.
        
         | rpgbr wrote:
         | Under GPLv2, WP Engine has no obligation of pay the ransom Matt
         | is demanding no matter the revenue they make.
        
           | sinkasapa wrote:
           | As far as I could tell, they weren't denied use of the code,
           | just a bunch of other services that are not covered by the
           | GPLv2.
        
           | teruakohatu wrote:
           | But nor does the WordPress foundation need to allow WP
           | Engine, or any user, access to the plugin library.
           | 
           | Chromium is Open Source, but Google is not required to allow
           | Add On store access (even if they tolerate it from chromium
           | forks).
        
           | tylermenezes wrote:
           | GPLv2 licenses the Wordpress code, not trademarks or the
           | right to use Automattic's APIs.
        
             | ValentineC wrote:
             | Before this week, I didn't realise that the WordPress.org
             | servers and plugin repositories fell under Automattic, and
             | not WordPress Foundation.
             | 
             | Some clarity would be nice.
        
         | n3storm wrote:
         | I wonder how much does Automattic contribute to the PHP, MySQL,
         | MariaDB, jQuery, ... organizations?
        
           | desas wrote:
           | * https://thephp.foundation/  one of three platinum level
           | sponsors       * MySQL doesn't take sponsorships afaict
           | * https://mariadb.org/about/#stakeholders one of several
           | silver sponsors of MariaDB       *
           | https://x.com/SlexAxton/status/1839091643338862828 "I was on
           | the board of the jQuery foundation during some of the glory
           | years and @photomatt was the ~largest donor"
        
         | georgehotelling wrote:
         | What's the economic incentive for WP Engine to give back? They
         | have a moral duty, sure, but as a business where is the profit?
         | Anything they contribute to core will immediately be available
         | to their competitors, so the naive read is that there's no
         | competitive advantage in contributing back.
         | 
         | However, if they can influence the direction of the project,
         | they can align it with your business goals. That gives them a
         | competitive advantage, that gives them an incentive.
         | 
         | The challenge is that Matt is acting as a BDFL of the open
         | source project. If Matt doesn't want your change added, your
         | change isn't going to get added. There is no one to appeal to,
         | Matt has absolute authority over the code that goes into the
         | open source project that WP Engine's business is built on. Matt
         | is also the CEO of WP Engine's competitor, Automattic.
         | 
         | This conflict of interest has come to a head in the past week
         | and shone a spotlight on the lack of community stewardship of
         | the WordPress project.
         | 
         | Keep in mind that Automattic requires its employees to get
         | approval for any paid side gigs related to software because
         | Matt believes that it creates conflicts of interest. You cannot
         | work on WordPress for Automattic during the day and then
         | freelance making paid WordPress plugins at night, due to the
         | misaligned incentives. The fact that Matt isn't being paid a
         | salary for his work on WordPress is irrelevant, given
         | Automattic's equity is tied to the value of WordPress.
         | 
         | I think private equity skews heavily towards value extraction
         | over value creation. I think that people who build businesses
         | off of open source have a moral obligation to give back to the
         | projects. I think that giving Automattic money to spend on WP
         | core work will make WordPress better.
         | 
         | However, breaking the trust of the community does exponentially
         | more damage to the future of WordPress than any freeloading
         | company. The community trusts that the trademark licenses will
         | not change to target them. The community trusts that their
         | software will benefit from security updates and the plugin
         | ecosystem. That trust is the foundation of WordPress and this
         | week's actions have done damage.
         | 
         | Matt talked about going nuclear, and I think that the metaphor
         | is apt, because when the smoke clears we may be left with no
         | winners.
         | 
         | (I'm a former Automattic employee who roots for open source,
         | WordPress, Automattic, and the vision of the open web Matt
         | Mullenweg has shared.)
        
           | digging wrote:
           | > What's the economic incentive for WP Engine to give back?
           | They have a moral duty, sure, but as a business where is the
           | profit?
           | 
           | Avoiding this exact situation which kills their business
        
             | ziddoap wrote:
             | > _Avoiding this exact situation which kills their
             | business_
             | 
             | This situation is not going to kill WP Engine.
        
             | patmcc wrote:
             | This situation might kill one of WP Engine or
             | Wordpress.com, but I sure wouldn't bet on it being WP
             | Engine that ends up in the grave.
        
           | AlienRobot wrote:
           | I think the problem isn't just that WP Engine doesn't
           | contribute. I read that they pledged to, then had an internal
           | policy not to contribute, and fired an employee for telling
           | this to Matt on Twitter.
           | 
           | If that is really the case, WP Engine had to be exceptionally
           | antagonistic against WP dot org for things to end up like
           | this, but most people are treating it as if it is a simple
           | conflict of interest between WP dot com and WP Engine.
           | 
           | >Last week, in a blog post, Mullenweg said WP Engine was
           | contributing 47 hours per week to the "Five for the Future"
           | investment pledge to contribute resources toward the
           | sustained growth of WordPress. Comparatively, he said
           | Automattic was contributing 3,786 hours per week. He
           | acknowledged that while these figures are just a "proxy,"
           | there is a large gap in contribution despite both companies
           | being a similar size and generating around a half billion
           | dollars in revenue.
           | 
           | https://techcrunch.com/2024/09/23/wp-engine-sends-cease-
           | and-...
           | 
           | I really think they could have handled the PR better by
           | providing more information about the decision on the official
           | announcement. "Uses WP but doesn't contribute back" is
           | something that applies to too many. "Built whole business on
           | WP, pledged to contribute, but then didn't" is something that
           | applies to very few.
        
         | ankleturtle wrote:
         | > But if you're making half a billion in revenue every year on
         | top of someone else's tech, you need to stay involved and
         | contribute back in a very significant way.
         | 
         | Revenue is a red herring. It is not an appropriate measure to
         | determine if and how much one should contribute to an open
         | source project.
         | 
         | Instead, we should measure the need to contribute by the burden
         | one places on the project.
         | 
         | Do you request features or bug fixes? Contribute appropriately.
         | 
         | Do you request support? Contribute appropriately.
         | 
         | Do you simply copy, install, and run the existing software? No
         | need to contribute.
        
       | wg0 wrote:
       | Redis, Elasticsearch, Mongo and now WordPress - it seems that
       | Open source is as good and only good when you and only you can
       | sell it. The moment someone else starts to make money or more
       | money then you could have off your effort, does things better
       | than you to market/host/package your open source project, the
       | moment things to start to fall apart.
       | 
       | None of the Open source ethos survive of sharing together,
       | learning together etc.
       | 
       | EDIT: typos
        
         | batuhanicoz wrote:
         | WordPress has been around for a long time, and there is no
         | change to how open it is. It is GPL code, Automattic is not
         | forking it and selling access to the fork.
         | 
         | We are just asking WP Engine to contribute back to the project
         | that they are basing their entire business on.
         | 
         | This is primarily a trademark infringement issue, we asked them
         | to give back to be able to use the trademark we have the
         | license for.
        
           | DonnieBurger wrote:
           | Are you going to be "just asking" other businesses as well?
           | Or does it only apply to competitors of Automattic?
        
             | batuhanicoz wrote:
             | As long as competitors of Automattic does not infringe on
             | the trademarks owned (in the case of WooCommerce) or
             | licensed (WordPress) by Automattic, I don't see any reason
             | for us taking any action.
             | 
             | I would personally ask everyone to at least try to
             | contribute back to the open source projects they rely on
             | though.
        
               | prox wrote:
               | Honestly I tried at one point, but the community was
               | rather hostile and unwelcoming.
               | 
               | I help out with Godot sometimes and it's far more
               | welcoming and low friction.
        
           | ceejayoz wrote:
           | > This is primarily a trademark infringement issue...
           | 
           | There's a pretty standard way of fighting those out.
        
         | jeswin wrote:
         | > The moment someone else starts to make money or more money
         | then you could have off your effort
         | 
         | Company A spends X% of their revenue on improving the product.
         | Company B spends nothing. Company B will be able to price their
         | product lower, and take Company A's customers. It's not
         | sustainable.
         | 
         | The solution is to ask Company B to pay up (in cash or
         | resources), and not be leeching.
        
           | surgical_fire wrote:
           | > Company A spends X% of their revenue on improving the
           | product. Company B spends nothing. Company B will be able to
           | price their product lower, and take Company A's customers.
           | It's not sustainable.
           | 
           | Then don't make an open source product.
           | 
           | What you can't do is try to earn the goodwill that comes with
           | open source, but also expect the profitability of a
           | proprietary product.
        
             | Spivak wrote:
             | Don't try to base a company around developing and selling
             | open source is a lesson that folks will keep learning again
             | and again. You have to make money doing something else and
             | if your core competency isn't that something else you'll
             | lose to someone where it is.
             | 
             | If you want to sell software then sell software.
        
           | snowwrestler wrote:
           | WP Engine is not winning because it's cheaper. It is a better
           | product than what Automattic offers.
           | 
           | That's why this action by Matt is ridiculous. WP Engine has
           | grown the overall WP market through good product development
           | and investment. That has produced positive effects for the
           | many companies and people who make their money developing and
           | supporting WP sites for clients.
        
         | TheHippo wrote:
         | It is not about the code. It is about using other company's
         | server resources.
        
           | ceejayoz wrote:
           | But they're OK with the use of those resources if WP Engine
           | contributes more code, which makes it... at least _partially_
           | about the code?
        
         | pxtail wrote:
         | > None of the Open source ethos survive of sharing together,
         | learning together etc.
         | 
         | Could be because of that missing part of "sharing together"
         | replaced with "taking and not giving back anything in return"
        
           | fortyseven wrote:
           | Ethically it may be the right thing to do, but there is no
           | obligation to do so unless it's in the license. If you want
           | to thumb your nose at WPEngine for that, fine, but that's
           | about as far as that goes.
        
         | petercooper wrote:
         | Postgres, notably, has not had these problems. There's a
         | thriving ecosystem, despite the trademark, and many providers
         | offer "Postgres" services without Postgres' core organizations
         | or contributors getting their undies in a twist over it.
        
           | evanelias wrote:
           | That's largely true, but there definitely have been
           | incidents/drama in the recent past. Two that come to mind:
           | 
           | https://www.postgresql.org/about/news/statement-from-the-
           | pos...
           | 
           | https://www.postgresql.org/about/news/trademark-actions-
           | agai...
           | 
           | Also worth considering that EDB is backed by Private Equity,
           | and there was some other very recent incident that seemingly
           | directly resulted in OtterTune folding.
        
           | mdasen wrote:
           | I think a difference there is that Postgres doesn't have a
           | for-profit semi-attached to it.
           | 
           | There are certainly companies that do work on Postgres, but
           | Postgres wasn't founded by people looking to make a business
           | and its development isn't driven by one primary company (to
           | my knowledge). Postgres started as an academic research
           | project by Turing Award winner Michael Stonebraker. Berkeley
           | released it under a BSD/MIT-like license. It just has a long
           | history of being independent of any company that's the
           | primary driver of its evolution.
           | 
           | That's not to say there aren't companies like EnterpriseDB,
           | Neon, Citus, and others that haven't driven certain aspects
           | of it, but they just don't get the same kind of control over
           | the project.
           | 
           | Crucially, no one can really feel like someone else is making
           | money off a project that's primarily their work. I think
           | companies in the Postgres ecosystem all understand that even
           | if they're a big fish in the Postgres ecosystem, they aren't
           | coming anywhere close to having built 25% of the value in
           | Postgres. It's hard to "get your undies in a twist" if you
           | acknowledge that you've probably gotten more from the
           | historical contributions than you've contributed - even if
           | you're a stellar contributor today.
        
       | jaggs wrote:
       | Wonderful to see how HN supports a private equity grab rather
       | than a company which has consistently championed open source for
       | decades. Matt could easily have sold out, but he didn't. He built
       | the whole thing from scratch (I remember him answering support
       | emails personally), it would be nice to cut him some slack
       | against a bunch of corporate raiders. But hey, what do I know?
        
         | throwbmw wrote:
         | Agree 100 percent. Perhaps the present generation doesn't know
         | about the early days of Wordpress. Also, all this wording may
         | be because Matt is very committed and so emotional about the
         | protection of open source projects
        
         | hackerbeat wrote:
         | 100%
        
         | Sebb767 wrote:
         | It looks like Matt is using the WordPress non-profit to attack
         | a competitor. Additionally, he cut off services to that
         | competitor with the clear intent of disrupting their service
         | and customers and talks about trademark infringement, despite
         | their use of the trademark clearly being covered by their very
         | own guidelines, and, to literally add insult to injury, he
         | describes the situation in very emotional language.
         | 
         | It's not like I don't see Matts side, but the way he is acting
         | is extremely unprofessional and looks like a temper tantrum.
         | WPEngine might be a large business, but so is Automattic and
         | this kind of scorched earth-approach is hard to support.
        
           | consteval wrote:
           | You're not obligated to provide free services to people you
           | don't have a contract with, and who are openly hostile to
           | negotiation. This could've easily been avoid by either not
           | mooching off free resources, or by just playing nice.
           | 
           | If I build my business on scraping X.com and then X bans my
           | IPs, that's on me. They don't have to provide me free
           | internet access to their content, that's a privilege. And
           | this happens literally thousands of times every single day.
           | 
           | Still, entitled business owners try it out and then want to
           | turn around and cry when their free cash cow turns away.
        
             | DannyBee wrote:
             | "You're not obligated to provide free services to people
             | you don't have a contract with, and who are openly hostile
             | to negotiation."
             | 
             | If you choose to accept all comers, you get to accept all
             | comers. If you decide to then boycott one specific group,
             | particularly when it is a competitor of the person
             | announcing the boycott, it may in fact be illegal.
             | 
             | This is easily solved by having principles ahead of time
             | and adhering to them (IE we only serve people/companies
             | meeting the following criteria). This did not happen here -
             | instead they have applied a boycott to a specific group
             | after the person involved threatened them as competitor.
             | 
             | Look up "concerted refusal to deal", etc.
        
             | Sebb767 wrote:
             | > You're not obligated to provide free services to people
             | you don't have a contract with, and who are openly hostile
             | to negotiation. This could've easily been avoid by either
             | not mooching off free resources, or by just playing nice.
             | 
             | I'm not arguing that they are obligated to provide free
             | services. What they did was suddenly pull the plug on a
             | free, public service for one specific user, which just
             | happens to be a competitor. Also, this was without any
             | announcement and clearly intent on interrupting the service
             | for mostly unrelated third parties (namely WPEngines
             | customers), just to hurt WPEngine.
             | 
             | As to them being hostile to negotiation, we don't know what
             | happened behind close doors. But from the facts that were
             | publicly presented, Matt wanted an amount of money, has (so
             | far) not presented any reasonable legal basis for it and
             | has overall been pretty emotional, so I do believe WPEngine
             | when they claim that the demand was unreasonable and in bad
             | faith on his side.
             | 
             | If this would have been a calm announcement that WP will
             | cede any free hosting services to for-profit WordPress
             | resellers, with a reasonable timeline for migration, he
             | would have my full support. Maybe I could even get behind
             | singling out WPEngine, if the case was solid. But the way
             | this happens, Matt just looks like the bad guy.
             | 
             | > If I build my business on scraping X.com and then X bans
             | my IPs, that's on me. They don't have to provide me free
             | internet access to their content, that's a privilege.
             | 
             | But someone allows free passage on a toll bridge for
             | everyone and suddenly decides to just deny your transport
             | business specifically and publicly insult you, it looks a
             | bit different. Especially if the owner of the bridge just
             | _happens_ to run a competitor for your business, things do
             | look a bit fishy. I mean, fair enough, but this move was
             | clearly intended for maximum damage and someone doing that
             | does not at all look like the reasonable party, sorry.
        
         | DannyBee wrote:
         | You really don't get it.
         | 
         | Matt seems incapable of clearly separating his roles as:
         | 
         | Person involved with WP foundation
         | 
         | Person who is head of Automattic
         | 
         | Person who contributes/whatever to wordpress
         | 
         | This is _highly_ dangerous from a legal /conflicts of interest
         | perspective, and will result in problems for the _Foundation_ ,
         | and the _Community_ , and for _Matt_.
         | 
         | I don't support it because it's private equity grab or
         | whatever, instead i don't support it because it's dangerous,
         | arguably highly unethical, and appears like using your power
         | against a competitor you don't like more than it looks like
         | "trying to save the open source community from a private equity
         | grab"
         | 
         | He could easily solve all of these things by recusing from
         | actions the foundation considers against his company's
         | competitors, etc.
         | 
         | That would be the clearly ethical thing to do. Instead he
         | doubles down and appears to use all power available to him to
         | stomp out a company that is the main competition for his
         | business.
        
       | rado wrote:
       | Always found it interesting that the core WP lacks CDN support,
       | caching, multilingual etc out of the box and leverages the paid
       | WP.com, while using open source contributions.
        
       | throwbmw wrote:
       | Related:
       | 
       | https://zedshaw.com/blog/2022-02-05-the-beggar-barons/
        
       | joshstrange wrote:
       | This is _so_ rich coming from Wordpress who offers a bastardized
       | version of Wordpress themselves on Wordpress.com
       | 
       | I wish I had never given Wordpress any money.
        
       | Communitivity wrote:
       | My empathy is with Automatic on this one, but I still think it's
       | the wrong move.
       | 
       | "Now one could say that the license allows that and it's legal.
       | Sure, but so is cutting their free access off. If WPEngine is
       | just leeching and spending nothing on improving the product,
       | there's no way anyone can compete with them on price. Open Source
       | is expensive, people need to be paid."-jeswin
       | 
       | If companies can't use Open Source without the risk that the
       | project could ban them from using it, even if the company adheres
       | to the letter of the license (if not the spirit), then most
       | companies won't use Open Source. Most companies I've dealt with
       | would rather pay for commercial software and offload the risk
       | onto the software company that use an Open Source project they
       | view as risky in any way. Companies can already view Open Source
       | projects as risky in a number of ways: lots of drama/turnover in
       | a project, a single BFDL controls everything, viral license. For
       | many projects the rewards from using it outweigh these risks.
       | 
       | However, all the above risks can be evaluated before a company
       | decides to build using an Open Source project. If projects are
       | seen as able to block availability unilaterally without a license
       | violation, that's a risk that can't be evaluated before investing
       | perhaps millions using it. Of course, this would all be evaluated
       | and we'd live in a better world if companies heavily using an
       | Open Source project decided to allocate 1% of the software
       | engineering budget as a donation to that project.
        
         | Terretta wrote:
         | > _Most companies I 've dealt with would rather pay for
         | commercial software and offload the risk onto the software
         | company that use an Open Source project they view as risky in
         | any way._
         | 
         | This seems less applicable when the company is using the
         | software to offer it _as_ that commercial cut-out.
        
         | timeon wrote:
         | I'm do not want to talk about whole thing, I do not know what
         | to think about that but:
         | 
         | > If companies can't use Open Source without the risk that the
         | project could ban them from using it...
         | 
         | Isn't this more about infrastructure (wordpress.org)? All
         | plugins are still downloadable and able to install via SFTP.
        
         | troyvit wrote:
         | > If companies can't use Open Source without the risk that the
         | project could ban them from using it, even if the company
         | adheres to the letter of the license (if not the spirit), then
         | most companies won't use Open Source.
         | 
         | But access to wordpress.org's servers has nothing to do with
         | Open Source. WP Engine is free to use and modify the WordPress
         | code to their heart's content. They just don't get to use the
         | wordpress.org servers for free anymore.
        
           | slouch wrote:
           | The software running on those servers was built by
           | volunteers, some of which are now scrambling to help their
           | clients who are blocked from using that software.
        
             | troyvit wrote:
             | Sure. The software is free. Why should the server be free?
        
             | hedgehog wrote:
             | Is the .org infrastructure built or operated by volunteers?
             | It doesn't seem like that part is even open source.
        
       | itsdrewmiller wrote:
       | I'm a little surprised WPE didn't have some kind of contingency
       | plan for this in place already, even if it was just to handle a
       | Wordpress.org outage.
        
       | ChrisArchitect wrote:
       | [dupe] Discussion on official post:
       | https://news.ycombinator.com/item?id=41652760
        
       | wfjackson3 wrote:
       | This is one of the worst attempts to handle a corporate dispute
       | that I have ever seen. Forget all of the he said he said
       | arguments for a second and see what a random person who decided
       | to use WordPress will see.
       | 
       | If Automatic gets mad at the company I use to host this site,
       | they will randomly start holding my site hostage by deactivating
       | services. No host is safe. I probably shouldn't use WordPress.
       | 
       | I don't care who is wrong or right here. This is peak "cutting
       | off your nose to spite your face" behavior.
        
       | philsquared_ wrote:
       | The problem I have with this is simple and has to do with the
       | lack of separation of entities.
       | 
       | Automattic is a competitor with WPEngine. Wordpress.com is a
       | competitor with WPEngine. Wordpress.org and the Wordpress
       | Foundation IS NOT a competitor with WPEngine.
       | 
       | There is a dispute between Automattic and WPEngine. The resources
       | of Wordpress.org and the Wordpress Foundation should not be
       | leverage in this dispute.
       | 
       | The fact that those boundaries are crossed means that anyone who
       | is in competition with Automattic might have any and all
       | ecosystems that Matt has any control over leveraged against them
       | if they upset Matt or Automattic in any way.
       | 
       | It is very poor taste and changes the perspective of the product.
       | Instead of a professional entity who will engage professionally
       | it is now a form of leverage that a single person could wield
       | against anyone who crosses them.
       | 
       | To be clear these same exact actions can be taken against anyone
       | who insults one individual. This look is embarrassing.
        
         | rgbrenner wrote:
         | this dispute is with wordpress though. "wordpress" is not a
         | generic term. if i called my company "MSengine", and described
         | it as "the most trusted microsoft platform" (a phrase i copied
         | straight from wpengine.com)... i would get a cease and desist
         | almost immediately.
         | 
         | even in the open source community, there are dozens (probably
         | more) linux distros that have been told by ubuntu to rename
         | their projects from "ubuntu x" to something else, for example.
         | there are no trademark grants contained in the gpl or any of
         | the popular open source licenses.
         | 
         | the only mystery is why they've waited so long to enforce their
         | trademark.. but matt says they've been working on a deal "for a
         | while".. and i guess we'll have to wait until the court case to
         | see what that means.
        
           | kadoban wrote:
           | The WordPress trademark guides say explicitly that "WP" is
           | allowed to be used by others. Several other parts of the
           | wording the WP Engine uses are also explicitly allowed. So
           | your whole first two paragraphs are mistaken.
        
             | rgbrenner wrote:
             | if we're going by the trademark policy, it also says you
             | can't use the wordpress name in the name of your project or
             | service.
             | 
             | and arguing that "wp" doesn't mean "wordpress" and
             | therefore is allowed, is exactly the same as me selling
             | "msengine" for microsoft products, and telling everyone
             | "ms" doesn't mean microsoft. we all know what it stands for
             | for, and if you weren't sure, you can jut scan the page and
             | see it's clearly associated with wordpress. if that's the
             | basis of the legal defense wpengine wants to make in court,
             | they are truly f'd.
        
               | ok_dad wrote:
               | > The abbreviation "WP" is not covered by the WordPress
               | trademarks
               | 
               | Straight from the Wordpress trademark page that was just
               | recently changed to talk shit about a competitor:
               | 
               | https://wordpressfoundation.org/trademark-policy/
        
               | rgbrenner wrote:
               | microsoft doesn't have a trademark on "ms" either. like i
               | said, if wpengine is hoping to go into court and explain
               | that wp is not related to wordpress, while selling
               | wordpress services... i dont think its going to go well
               | for them.
               | 
               | this is going to be just as flimsy of a defense as
               | "mikerowesoft"
        
               | tapoxi wrote:
               | yeah but Wordpress.org explicitly said "using WP is
               | okay". if they turn around and say "no it's not" that's
               | promissory estoppel
        
               | lolinder wrote:
               | Up until this dispute the WordPress trademark policy
               | contained this:
               | 
               | > The abbreviation "WP" is not covered by the WordPress
               | trademarks and you are free to use it in any way you see
               | fit.
               | 
               | Now it's been updated to say this:
               | 
               | > The abbreviation "WP" is not covered by the WordPress
               | trademarks, but please don't use it in a way that
               | confuses people. For example, many people think WP Engine
               | is "WordPress Engine" and officially associated with
               | WordPress, which it's not. They have never once even
               | donated to the WordPress Foundation, despite making
               | billions of revenue on top of WordPress.
               | 
               | It's pretty clear that WP Engine has been in compliance
               | with the old trademark policy and that the new one is
               | acknowledging that they don't have legal standing to
               | demand anything about the WP abbreviation (not least
               | because they waited so long to complain about the usage)
               | so they're instead inserting a petulant and childish
               | slight.
               | 
               | http://web.archive.org/web/20240101165105/https://wordpre
               | ssf...
        
             | WillPostForFood wrote:
             | It also explicitly says you can't use "Wordpress" in your
             | product names, and WP Engine is doing that. I thought it
             | might be common, but the other big providers do not use
             | WordPress in their product names.
             | 
             | Essential Wordpress
             | 
             | Core Wordpress
             | 
             | Enterprise Wordpress
             | 
             | https://wpengine.com/plans/
        
           | mdasen wrote:
           | Earlier this month, WordPress explicitly said that their
           | trademark didn't cover "WP"
           | 
           | https://web.archive.org/web/20240901224354/https://wordpress.
           | ..
           | 
           |  _The abbreviation "WP" is not covered by the WordPress
           | trademarks and you are free to use it in any way you see
           | fit._
           | 
           | They changed the wording as of this dispute with WP Engine:
           | 
           |  _The abbreviation "WP" is not covered by the WordPress
           | trademarks, but please don't use it in a way that confuses
           | people. For example, many people think WP Engine is
           | "WordPress Engine" and officially associated with WordPress,
           | which it's not. They have never once even donated to the
           | WordPress Foundation, despite making billions of revenue on
           | top of WordPress._
           | 
           | https://wordpressfoundation.org/trademark-policy/
           | 
           | Trademarks need to be defended to be valid. If I started a
           | website "YC Hacker News", Y Combinator would need to defend
           | their trademark (if they think they have one over "YC Hacker
           | News") or the fact that I'm using "YC Hacker News" means they
           | don't have a trademark over that. WP Engine has been around
           | for over a decade. Automattic and the WordPress foundation
           | didn't have an issue with it for such a long time. If you
           | think someone is infringing on your trademark, you can't just
           | let them use it and come back a decade later and change your
           | mind.
           | 
           | In this case, WordPress has even less argument. If Y
           | Combinator said "you can use 'YC' and 'Hacker News' in any
           | way you see fit," they couldn't later come back and say
           | "nooooo, YC sounds like Y Combinator and people get
           | confused!" The WordPress Foundation explicitly allowed
           | everyone to use "WP" in any way they saw fit and disclaimed
           | all trademark over "WP".
           | 
           | Yes, lots of companies/foundations wouldn't have allowed the
           | generic use of "WP" for anyone to use. In this case, they
           | explicitly allowed it and also didn't have a problem with WP
           | Engine's use for well over a decade.
           | 
           | They waited so long to "enforce their trademark" because they
           | don't have a trademark on "WP". They explicitly said so. Now
           | they're trying to create a trademark on a term that's already
           | been in generic use for a while - and explicitly blessed by
           | the WordPress Foundation.
           | 
           | I certainly understand Automattic not liking the fact that
           | they're doing (and paying for) the development work on
           | WordPress while many WordPress users pay WP Engine instead of
           | Automattic/WordPress.com. However, the ship has sailed on
           | claiming that people aren't allowed to use "WP". From where
           | I'm sitting, this feels similar to Elastic, Mongo and other
           | open-source companies disliking it when third parties make
           | money off their open-source code. Of course, WordPress (and
           | Automattic's WordPress.com) wouldn't be the success it is
           | without its open-source nature (just ask Movable Type).
        
             | beerandt wrote:
             | The whole standard for trademark law is whether it causes
             | confusion in commerce.
             | 
             | Sounds like they might have a not-great ip lawyer.
             | 
             | Your don't have to claim WP to claim it's being marketed as
             | an abbreviation for your trademark, within your market.
             | 
             | I'm not saying it's a winning argument, but better than
             | whatever the legal framing/ posturing of 'WP isn't our TM'
             | is. Bad PR, if not bad legal take.
        
               | patmcc wrote:
               | Except Wordpress even _explicitly suggests_ using wp in
               | the domain: https://wordpress.org/about/domains/
               | 
               | >>>we ask if you're going to start a site about WordPress
               | or related to it that you not use "WordPress" in the
               | domain name. Try using "wp" instead, or another
               | variation...
        
               | beerandt wrote:
               | Yea- same point though. Bad IP advice / strategy.
               | 
               | Don't condone confusing ip policy if you don't want to
               | end up with confusing product names, especially in a
               | resurgence of 'the domain name is the product' of
               | unlimited tlds.
        
               | patmcc wrote:
               | Definitely bad IP advice, but I think it helps WP Engine
               | to be able to say "look even all the various 'official'
               | Wordpress sites said our name was fine for years".
        
         | flutas wrote:
         | > The resources of Wordpress.org and the Wordpress Foundation
         | should not be leverage in this dispute.
         | 
         | I honestly wonder if it crosses any legal boundaries. From what
         | I can tell, it's essentially the non-profit acting on commands
         | from the for-profit.
         | 
         | Basically the equivalent in my mind to a "in-kind donation".
        
           | that_guy_iain wrote:
           | To me, I think it's more that it shows they're one entity and
           | then it is a massive issue about the tax write offs
           | Automattic will have been claiming for years. But, I guess
           | we'll see because WP Engine is going to come out swinging on
           | this. They have to.
           | 
           | There is also the fact that WP Engine sponsored a WordPress
           | Foundation event and then was kicked out of it because of
           | this dispute. The WordPress foundation accepted 75k knowing
           | what WP Engine was doing and then didn't honour the deal.
        
         | tomphoolery wrote:
         | > The fact that those boundaries are crossed means that anyone
         | who is in competition with Automattic might have any and all
         | ecosystems that Matt has any control over leveraged against
         | them if they upset Matt or Automattic in any way.
         | 
         | There was never a boundary in the first place if it's the same
         | guy doing both things. WordPress has always had this veneer of
         | "community-driven", which is what they hide behind when people
         | get their sites exploited, but Automattic really holds all the
         | keys here. Just because Matt replies with an `@wordpress.org`
         | email vs. an `@wordpress.com` email doesn't mean he's a
         | different person all of a sudden.
        
         | sjs382 wrote:
         | > The problem I have with this is simple and has to do with the
         | lack of separation of entities. > Automattic is a competitor
         | with WPEngine. Wordpress.com is a competitor with WPEngine.
         | Wordpress.org and the Wordpress Foundation IS NOT a competitor
         | with WPEngine.
         | 
         | > There is a dispute between Automattic and WPEngine. The
         | resources of Wordpress.org and the Wordpress Foundation should
         | not be leverage in this dispute.
         | 
         | > The fact that those boundaries are crossed means that anyone
         | who is in competition with Automattic might have any and all
         | ecosystems that Matt has any control over leveraged against
         | them if they upset Matt or Automattic in any way.
         | 
         | Can an action like this put the WordPress Foundation's 501c(3)
         | at risk?
         | 
         | And if so, how likely is it to actually become a legal problem?
        
           | 0cf8612b2e1e wrote:
           | Were it to go to trial, legal discovery would be fun. How
           | many internal conversations were had about, "Those jerks at
           | WPEngine are eating our lunch". Rather than, "I am truly
           | concerned about how the trademark is being confused by this
           | one specific successful company. Whatever can we do?"
        
             | ttul wrote:
             | I kind of want discovery to happen in this situation.
        
             | otterley wrote:
             | Civil discovery isn't a public process. The parties don't
             | get to share what they discovered with the public, and
             | sensitive information is frequently redacted before
             | documents are provided to the opposing party.
        
               | 0cf8612b2e1e wrote:
               | I was more thinking that this would be government
               | intervention regarding the non-profit status. Discovery
               | would still be secret, but probably a smoking gun there
               | that the organization is not independent of the
               | commercial entity.
               | 
               | As far as I am aware, the WP.org"s (or is it the
               | foundation?) actions are distasteful, but they are
               | allowed to ban whomever they like.
        
               | FireBeyond wrote:
               | > The parties don't get to share what they discovered
               | with the public
               | 
               | Well certainly.
               | 
               | > and sensitive information is frequently redacted before
               | documents are provided to the opposing party.
               | 
               | In this case that kind of sensitive information
               | absolutely wouldn't be able to be redacted (successfully)
               | because those conversations would be entirely germane.
        
           | snowwrestler wrote:
           | WP Engine could file a complaint with the IRS about tax
           | exempt status abuse. But that would be a heck of an
           | escalation, and even more damaging to the WordPress ecosystem
           | than Matt's ridiculous actions so far.
           | 
           | But it wouldn't have to be them. Any U.S. citizen can file
           | such a complaint, even anonymously. That said, it would
           | likely not be pursued by the IRS unless it was written based
           | on detailed accurate knowledge of tax exempt regulations, and
           | clear proof of abuse.
        
         | usaphp wrote:
         | > There is a dispute between Automattic and WPEngine
         | 
         | I think the dispute is in fact between the org and wpengine.
         | 
         | Wpengine doesn't contribute to the core as much as they
         | promised, and prohibits their employees to do so.
        
           | threeseed wrote:
           | WPEngine has no obligation to contribute anything.
           | 
           | This is not how open source has or is supposed to work.
        
         | DannyBee wrote:
         | 100% - i raised exactly this issue in the legal claim concerns.
         | 
         | This is a remarkably bad plan from a legal perspective.
        
         | AlienRobot wrote:
         | Have you read this? https://techcrunch.com/2024/09/23/wp-
         | engine-sends-cease-and-...
         | 
         | >Last week, in a blog post, Mullenweg said WP Engine was
         | contributing 47 hours per week to the "Five for the Future"
         | investment pledge to contribute resources toward the sustained
         | growth of WordPress. Comparatively, he said Automattic was
         | contributing 3,786 hours per week. He acknowledged that while
         | these figures are just a "proxy," there is a large gap in
         | contribution despite both companies being a similar size and
         | generating around a half billion dollars in revenue.
         | 
         | It seems to me that it isn't a simple "dispute." Automattic is
         | contributing to WP org, but WP Engine isn't. If WP org was
         | completely neutral, they still would have reasons to side with
         | Automattic over WP Engine on this.
        
           | ttul wrote:
           | I suspect that his figure on the number of hours is somewhat
           | cooked up and biased. Did he cite a reliable and reasonable
           | source of data that we can all consult to check the veracity
           | of this claim?
        
             | ValentineC wrote:
             | The numbers are on WordPress.org's Five for the Future
             | website:
             | 
             | - https://wordpress.org/five-for-the-
             | future/pledge/automattic/
             | 
             | - https://wordpress.org/five-for-the-future/pledge/wp-
             | engine/
        
           | that_guy_iain wrote:
           | The quote says WP Engine is contributing. WP Engine also gave
           | WP.org 75k in sponsorship money, I would say that's a
           | contribution. It's also important to know that after WP.org
           | took that 75k sponsorship money, they kicked them out of the
           | event they sponsored.
        
         | that_guy_iain wrote:
         | > The fact that those boundaries are crossed means that anyone
         | who is in competition with Automattic might have any and all
         | ecosystems that Matt has any control over leveraged against
         | them if they upset Matt or Automattic in any way.
         | 
         | I think the fact those boundaries have been crossed will be a
         | massive legal issue for WordPress.org and Automattic since
         | they'll have problems proving they're two separate entities and
         | they will have been using that as a charity as a tax write-off.
         | What is the penalty for tax evasion where you create a fake
         | charity to write tax off of? It's prison, right?
        
         | troyvit wrote:
         | Does Automattic follow wordpress.org's copyright rules? If not
         | then I see the hypocrisy. If so then I don't.
         | 
         | Also it seems wordpress.org kept their resources open to
         | WPEngine until WPEngine sued wordpress.org[1] (not
         | wordpress.com according to the blog post).
         | 
         | So if wordpress.org is getting sued, why would they keep their
         | resources open to the litigant?
         | 
         | [1] https://wordpress.org/news/2024/09/wp-engine-banned/
        
           | eXpl0it3r wrote:
           | The dispute (on the surface) is about trademark not copyright
           | and Automattic has an exclusive license to the trademark.
        
             | troyvit wrote:
             | Arg, thanks for clarifying that. I misused that term.
        
           | lolinder wrote:
           | Part of what's so weird about the communication from Matt
           | here is that WordPress.org is not getting sued by anyone--
           | indeed, as far as I can tell WP Engine isn't suing anyone.
           | 
           | All that happened is that WP Engine sent a cease and desist
           | letter to Automattic. WordPress.org misrepresenting the
           | situation is not a good look.
        
       | dang wrote:
       | Related. Others?
       | 
       |  _Incident: Wordpress.org has blocked WP Engine customers from
       | registry_ - https://news.ycombinator.com/item?id=41655578 - Sept
       | 2024 (84 comments)
       | 
       |  _WP Engine is banned from WordPress.org_ -
       | https://news.ycombinator.com/item?id=41652760 - Sept 2024 (53
       | comments)
       | 
       |  _Automattic has sent a cease and desist to WP Engine_ -
       | https://news.ycombinator.com/item?id=41642974 - Sept 2024 (10
       | comments)
       | 
       |  _Open Source, Trademarks, and WP Engine_ -
       | https://news.ycombinator.com/item?id=41642597 - Sept 2024 (48
       | comments)
       | 
       |  _WP Engine sent "cease and desist" letter to Automattic_ -
       | https://news.ycombinator.com/item?id=41631912 - Sept 2024 (254
       | comments)
        
         | rmccue wrote:
         | Also: _WP Engine Must Win_
         | -https://news.ycombinator.com/item?id=41653480
         | 
         | (Disclaimer: my submission and post. I am a WordPress core
         | committer and built the REST API for it.)
        
         | rpgbr wrote:
         | _Matt Mullenweg needs to step down from WordPress.org
         | leadership ASAP_ -
         | https://news.ycombinator.com/item?id=41620051 (31 comments)
        
       | kotaKat wrote:
       | Matt's really out here with the cars covered in hammers that
       | explode more than a few times and hammers went flying everywhere.
        
       | dcchambers wrote:
       | I understand why Matt is frustrated and I sympathize with the
       | situation, but I don't think his approach is going to win him any
       | public favor nor have a long term positive payout.
        
         | lioeters wrote:
         | Anyone who may have had sympathies for his arguments are all
         | turned off now that he's gone on a "scorched earth" path. He
         | dragged the non-profit foundation into a business spat
         | involving Automattic and WP Engine, or maybe even between two
         | rich guys, Matt Mullenweg and Lee Wittlinger at Silver Lake,
         | who owns WPE.
         | 
         | Using the org website to make a nasty post slandering WPE.
         | Spreading it via the built-in news metabox on every WordPress
         | dashboard. The org's plugin repository to block WPE's
         | domains/IPs specifically.
         | 
         | That's a single person wielding power in his domain, maybe all
         | legal, but the org should be making decisions as a group and
         | community.
        
       | tomphoolery wrote:
       | This went from "hey you guys shouldn't use WP Engine because it's
       | not Real WordPress" to "WP Engine is violating trademarks and
       | isn't welcome in the WordPress community anymore" really f'in
       | quick!
        
         | batuhanicoz wrote:
         | Publicly, perhaps but we've been trying to resolve these issues
         | with WP Engine for at least 18 months now.
        
           | lolinder wrote:
           | Just as an FYI: this is a really really bad look from the
           | outside. Your CEO's comments and the new trademark policy
           | sound borderline deranged, and this step of banning them
           | dangerously destabilizes the ecosystem.
           | 
           | WP Engine may be just as bad as you say, but if so they just
           | successfully baited you into making yourselves look like the
           | bad guys.
        
           | graeme wrote:
           | What are the issues? Nothing publicly articulated so far
           | appears to have breached any licensing terms or trademark
           | law.
           | 
           | If there are issues then Matt would do well to clearly
           | articulate the problem.
        
       | simonjgreen wrote:
       | What does Wordpress.com contribute upstream to THEIR dependencies
       | I wonder...
        
       | nijave wrote:
       | I have a hard time being sympathetic for Matt given what I've
       | read so far. The C&D WPR sent shows plenty of quotes about Matt
       | threatening to talk poorly about WPE unless they pay up.
       | 
       | If WPE is abusing WordPress infrastructure then sure, block them.
       | It seems like corporate politics with WordPress.com are deeply
       | entwined here.
       | 
       | As other commenters have pointed out, it's very unclear what the
       | relationship between Automattic, WordPress.com, WordPress.org,
       | and the WordPress Foundation are. In the very least, it seems a
       | conflict of interest to have the same person running all of them.
       | 
       | From Matt, they were asking for 8% of revenue to license the
       | WordPress trademark and donations to Automattic.
       | https://www.reddit.com/user/photomatt/
       | 
       | Why not ask for donations to the WordPress Foundation or donate
       | infrastructure/mirrors if that were the actual point of
       | contention...
        
       | trebor wrote:
       | I have used and developed in Wordpress since 3.2. Mullenweng is a
       | dictator and maverick, and I'm not convinced that he's good for
       | the Wordpress ecosystem.
       | 
       | But neither are highly customized WP hosting platforms.
       | 
       | Revisioning, especially since the post_meta table was added, is a
       | huge burden on the DB. I've seen clients add 50 revisions,
       | totaling thousands of revisions and 200k post meta entries.
       | Important enough to call disabling it by default a "cancer"?
       | Chill out Matt.
       | 
       | Revisions aren't relevant past revision 3-5.
        
         | orf wrote:
         | What database is burdened by 200k rows? That's tiny.
        
           | trebor wrote:
           | It's the excess, unaccessed content. The indexes haven't been
           | well optimized in MySQL (MariaDB is better).
           | 
           | But still. A lot of small companies only pay $20/mo for
           | hosting ...
        
             | orf wrote:
             | But a database can handle tens of millions of rows with
             | those resources.
             | 
             | If you're worried about excess, why even use Wordpress? My
             | god - serving rarely updated static content with a
             | database? Stupid. The entire thing is excessive and
             | wasteful.
        
       | lolinder wrote:
       | Open Source outgrew the Free Software movement by being
       | intentionally pragmatic and business-oriented, but the seams are
       | really starting to show, and I'm increasingly interested in
       | seeing a resurgence of the principles of the Free Software
       | movement.
       | 
       | > To use free software is to make a political and ethical choice
       | asserting the right to learn, and share what we learn with
       | others. Free software has become the foundation of a learning
       | society where we share our knowledge in a way that others can
       | build upon and enjoy. [0]
       | 
       | The constant battles in Open Source communities over who is
       | allowed to use "their" software and for what seem to stem from a
       | completely different outlook on freedom than the FSF puts
       | forward. Free Software is produced out of a desire to ensure
       | maximal user freedom and freedom of information--it's an ethical
       | stance one takes, and as such it doesn't become less valuable
       | when people make money using your work, if anything it becomes
       | _more_ valuable. You contribute to it because it matters, not
       | because you expect to get anything out of it besides the software
       | itself.
       | 
       | I'm not sure if Open Source is another casualty of the increasing
       | commercialization of the web or if it's always been this way, but
       | I think it's high time we take a second look at the ethically-
       | driven development principles of GNU and the FSF.
       | 
       | [0] https://www.fsf.org/about/what-is-free-software
        
       | urbandw311er wrote:
       | Fuck WP Engine and their hollowing out of free software for their
       | own profit.
        
         | lolinder wrote:
         | What harm is done to the free software by WP Engine using it?
         | Is it somehow more difficult to share WordPress code than if
         | they didn't exist? Are they breaking the license terms?
         | 
         | This conflict doesn't feel like a Free Software conflict, it
         | feels like a repeat of what we saw with Mongo & Elastic &
         | Hashicorp--a company that founded itself on being Open Source
         | came to regret the side effects.
        
         | FireBeyond wrote:
         | As a follow up, explain how Wordpress.com isn't using free
         | software for their own profit.
        
       | rty32 wrote:
       | Somewhat off-topic: WordPress has proven that there is still a
       | market for WordPress-style CRM and managed solution even in 2024.
       | Why hasn't a strong, open source competitor emerged over the
       | years? Because if there is an alternative, this article would be
       | much less relevant, and the events may not have happened in the
       | first place. Is it because CRM, especially the dynamic kind, is
       | no longer cool, and developers are not interested in this area
       | any more?
        
       | stock_toaster wrote:
       | Seems very similar to AWS and Elastic, Mongodb, etc.
        
       | progmetaldev wrote:
       | Am I in the minority where I hope that this creates a larger
       | ecosystem of open-source content management systems? I use
       | Umbraco because I am effectively given a blank slate to create
       | any type of website I wish, and it doesn't come with any
       | templates or document/content types by default. I've put an
       | enormous amount of work into customizing the software, prior to
       | there being decent documentation (yet the best documentation is
       | the actual code, which I've studied for over a decade). My sales
       | people still have to regularly fight the "why not Wordpress?"
       | question from business leaders, even though I can run on less
       | than the minimum requirements, and am able to provide security
       | fixes quickly while keeping everything in Git. I would hazard
       | that my solution is more custom tailored to individual clients,
       | without needing to jump through hoops, and can break down
       | individual parts of a page into easier to reason about properties
       | (textbox for page title, RTE for general page content, custom
       | sidebar content pickers for reusable sidebar content).
       | 
       | Back in 2013 when I got started with Umbraco, it was more about
       | trying to emulate what users wanted from Wordpress, but over the
       | years it became more about a custom tailored experience for each
       | type of "content" one might want to create in a website. "Posts"
       | that allow categorization, tagging, and listing in date/time
       | order. Company directories that list individual company profiles,
       | which have a profile thumbnail and full-size image, fields that
       | can be labeled on an index page for things like phone, email,
       | fax, etc. while also providing a full profile page for further
       | details. Photo and video galleries, that make it easy for an end
       | user to paste in YouTube videos, or link to a photo thumbnail and
       | full-sized image with a lightbox effect, but also a full page for
       | SEO purposes.
        
         | btown wrote:
         | Part of the value proposition of Wordpress is that it doesn't
         | depend on a single developer or team having decades of deep
         | knowledge of a system like Umbraco; any number of contractors
         | can be parachuted in, at least in theory, to take over a site
         | design if the content is in Wordpress. I would venture to say
         | that many companies opting for Wordpress know that they don't
         | have a culture that can retain devs with decades of experience,
         | and value the popularity of a platform like Wordpress... even
         | if the assumptions it's based on, in regards to rendering
         | Images and Words in specific ways, are far from ideal and
         | indeed introduce varying degrees of inner turbulence.
         | 
         | (Nice username, btw!)
        
       | stock_toaster wrote:
       | Interview with Matt Mullenweg about his side in all this a little
       | bit ago:
       | 
       | [1]: https://www.youtube.com/watch?v=H6F0PgMcKWM
        
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