[HN Gopher] Mullenweg threatens corporate takeover of WP Engine
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       Mullenweg threatens corporate takeover of WP Engine
        
       Author : rob
       Score  : 70 points
       Date   : 2024-10-01 18:52 UTC (4 hours ago)
        
 (HTM) web link (www.therepository.email)
 (TXT) w3m dump (www.therepository.email)
        
       | markx2 wrote:
       | It never was about trademarks ....
        
         | eli wrote:
         | I mean, yeah, he's been pretty clear that about that and the
         | trademark complaint was awfully light on evidence of actual
         | trademark issues. He doesn't like their business model, doesn't
         | think they contribute enough upstream, etc.
         | 
         | But that's just not something you get to control when you
         | license your software as GPLv2. Some people are gonna use it in
         | ways you don't like.
         | 
         | He should have just done an marketing campaign about why you
         | should host with Wordpress.com instead of WP Engine. Instead
         | he's torched an insane amount of goodwill for seemingly no
         | return.
        
           | kmeisthax wrote:
           | WordPress.com isn't a good comparison to WP Engine. For
           | starters, you can't install plugins, because you're renting
           | out a single site on a multisite network and any custom
           | plugin code would trivially violate the paper-thin isolation
           | between tenants. WP Engine provides separately containerized
           | servers and databases so you can do whatever.
           | 
           | It's like the difference between getting an account on a
           | Mastodon instance versus a specialized Mastodon instance
           | hoster.
        
             | desas wrote:
             | WordPress.com allows plugins on the business and e-commerce
             | plans. Sites with plugins are hosted in isolated
             | environments. This has been the case for years and years.
        
       | wmf wrote:
       | Don Mullenweg is going to make them an offer they can't refuse.
        
       | dopamean wrote:
       | He's going to need at least a couple billion dollars. I cant
       | imagine Silver Lake would accept any Automattic stock in the
       | deal. It'd have to be all cash.
        
         | itsdrewmiller wrote:
         | I think he's threatening to sue or extort them for 51% of the
         | company, or something like that? If I were him I would spend
         | less time talking to his terrible lawyer and more time talking
         | to a mental health professional.
        
       | bawolff wrote:
       | > Mullenweg told The Repository, "When you're right, you can
       | talk. When you're wrong, [the lawyers] tell you to shut up. My
       | lawyers are fine, they're like, 'go for it!'"
       | 
       | Lol.
       | 
       | That sounds like something no lawyer has ever said.
        
         | atonse wrote:
         | Lawyers don't advise you on what is right or what is wrong.
         | That's what priests do.
         | 
         | Lawyers advise you on what is legal and what isn't, and what
         | opens you up to liability.
         | 
         | He seems quite confused.
        
         | pier25 wrote:
         | Sounds like he's a bit delusional
        
           | karmajunkie wrote:
           | yeah, one has to wonder if he and elon musk are shopping at
           | the same dealer...
        
       | rideontime wrote:
       | > WP Engine removed the news widget from its users' dashboards on
       | September 24, reportedly breaking thousands of sites in the
       | process
       | 
       | Is the "breaking thousands of sites" claim supported by any
       | actual evidence, or is this just something Matt said?
        
         | unsnap_biceps wrote:
         | There's been no dispute around if WP Engine removed the news
         | widget or not from their managed installs. Matt claims that
         | removing that widget fundamentally breaks Wordpress and thus
         | broke all of WP Engine's sites.
        
           | yjftsjthsd-h wrote:
           | Wait, wait - you mean when he wrote
           | 
           | > the story of how WP Engine broke thousands of customer
           | sites yesterday in their haphazard attempt to block our
           | attempts to inform the wider WordPress community regarding
           | their disabling and locking down a WordPress core feature in
           | order to extract profit.
           | 
           | ( https://web.archive.org/web/20241001091653/https://wordpres
           | s... )
           | 
           | he just meant that they disabled the news widget? I assumed
           | that tweet I couldn't see replies to was a thread about them
           | accidentally breaking customer's external-facing sites by
           | mistake when they took out the news widget, not that he's
           | defining "removed this widget" as "breaking customer sites".
        
         | kmeisthax wrote:
         | I can say that zero sites were broken by the disabling of a
         | news widget. On the other hand, disabling updates sure was a
         | breaking change I had to respond to immediately!
        
       | floating-io wrote:
       | I wonder what would happen if WP Engine suddenly decided "Hey,
       | we're going to rename the business, stop using the trademarks,
       | fork WordPress, and start a new thing with our existing
       | customers."
       | 
       | Would it take off? Would it tank? I believe WordPress is GPL, so
       | I don't see why they couldn't (as long as they could legally fork
       | or counter things like WooCommerce, that is).
       | 
       | It's a bit different from the situation with OpenTofu and similar
       | since WP Engine would only need to keep their existing, highly
       | invested customers to get a good start. The rest is a matter of
       | marketing.
       | 
       | T'will be interesting to see how this ends.
       | 
       | (Note: I'm not saying that there is or is not merit to
       | Mullenweg's or WP Engine's position. I haven't studied the
       | situation enough to have an informed opinion there.)
        
         | unsnap_biceps wrote:
         | Honestly, I'd be all for a fork. Wordpress is dying a slow
         | death. The only way forward I see is to break with the history
         | that's holding it back and make radical changes to its
         | architecture. Matt will never do that. Perhaps WP Engine can.
        
         | kmeisthax wrote:
         | WP Engine could legally do this, but if they had the
         | development resources to do so, Matt Mullenweg probably
         | wouldn't be doing legally questionable and morally
         | reprehensible things to try and coerce WP Engine into funding
         | WordPress itself. Maintaining a fork of WordPress with its own
         | independent development priorities would involve a lot of work.
         | 
         | What WP Engine will most likely do is run their own plugin
         | repository mirror, strip off whatever trademarks they don't
         | feel legally empowered in using, and move on. WordPress cannot
         | legally exclude WP Engine from using WordPress code.
        
         | TiredOfLife wrote:
         | WP Engine can't afford to get even a single developer to work
         | on Wordpress. How do you imagine them handling a fork?
        
           | jeltz wrote:
           | WP Engine contributes 40 hours per week according to Matt
           | himself. They should probably contribute more, but 40 hours
           | is a single developer.
        
         | elwebmaster wrote:
         | It would be an utter failure. WP Engine is just a hosting
         | provider. Their entire business model is based on the name
         | recognition of Wordpress. And Wordpress itself is built on
         | ancient technology. So you are saying leave the brand and take
         | the ancient technology then try to make it successful under a
         | completely new brand? It's a nonsense.
        
         | filmgirlcw wrote:
         | I think the bigger problem would be, would they be willing to
         | invest the engineering resources to do all that.
         | 
         | If the crux of the argument is that WP Engine doesn't give
         | back, I wonder how likely it would be that they'd be willing to
         | do that.
         | 
         | Of course, if they were willing, they'd be allowed to do that
         | and might even find success. I've often wondered why a host
         | hasn't tried to do a more focused WP-fork and the main
         | conclusion I've come to is that they just aren't willing to
         | invest the significant resources that that would require.
         | 
         | It wasn't a host, but CraftCMS was born out of ExpressionEngine
         | (not the code; the Craft code all unique) and the makers of the
         | most popular EE plugins being frustrated with the core EE
         | direction.
         | 
         | Craft has a thriving business and EE has been sold several
         | times and is much smaller than it was, so it ultimately worked.
         | 
         | But that was in some ways the opposite of this scenario; you
         | had some of the largest ecosystem members who were unable to
         | contribute meaningfully to core (because of the
         | license/structure of EE at that time), opting to do their own
         | thing.
         | 
         | I don't anticipate any of the major hosts willing to invest
         | what it would take to build/maintain their own WP fork.
        
       | miiiiiike wrote:
       | Searched the USPTO trademark site, no trademark for "WP"
       | registered by the WordPress Foundation.
       | 
       | WP is GPLv2. Is WP Engine distributing their modifications
       | without releasing their changes?
       | 
       | No trademark issue, license seems fine. From what I can tell this
       | is nothing.
        
         | luckylion wrote:
         | The Trademark is for WordPress, not WP. The name "WP Engine"
         | isn't the alleged problem, it's their usage in their hosting
         | packages like "WordPress Core".
        
           | atonse wrote:
           | Ok so if they changed their plans to "Core" and said
           | "Includes vanilla WordPress" is Ma.tt going to have an issue
           | with it?
           | 
           | This really doesn't seem to be much about Trademarks, but
           | more like what every other open source project complains
           | about, that someone ELSE made a ton of money from the open
           | source project, not them (even though that someone else is
           | following the original license).
           | 
           | Couldn't they have just changed the license to WP? It
           | wouldn't have affected most customers.
        
             | luckylion wrote:
             | I don't know what he would or would not have an issue with,
             | I'm just saying what his claim is.
             | 
             | Personally, I don't care either way, I don't like either
             | party.
             | 
             | Automattic isn't a good steward of WP and has a lot of
             | conflict of interest that they don't want to acknowledge
             | and WP decisions are "what benefits wp.com" first.
             | 
             | WP Engine is an aggressive sales company that also has
             | hosting attached. They're extremely overpriced, the GoDaddy
             | of WP Hosting. Whenever I hear somebody uses them it's a
             | strong indicator that they're making enough money but have
             | no technical knowledge on the team.
        
               | riffic wrote:
               | are we now conflating Automattic with the WordPress
               | Foundation?
        
               | jeltz wrote:
               | Matt certainly is.
        
               | luckylion wrote:
               | Who has the exclusive commercial license to the WordPress
               | trademark?
               | 
               | Following the money brings clarity. It's pretty obvious
               | that .com controls .org.
        
             | mdasen wrote:
             | They probably can't change the license for WordPress. It's
             | under the GPL and it looks like WordPress doesn't require a
             | contributor agreement assigning copyright to someone else.
             | They'd need to get every contributor to agree to relicense
             | it.
             | 
             | There's also the question of who would relicense it.
             | Automattic doesn't own the WordPress trademarks and if
             | there were a contributor agreement, it would likely be
             | assigning the code to the WordPress Foundation, not
             | Automattic.
             | 
             | The WordPress Foundation non-profit doesn't have a good
             | incentive to put a restrictive license on it. Part of the
             | problem is that the WordPress Foundation doesn't seem to be
             | truly independent of the for-profit Automattic. The point
             | of creating a non-profit to hold the IP of an open source
             | project is to prevent stuff like this from happening.
        
           | miiiiiike wrote:
           | From the WordPress Trademark Policy
           | (https://wordpressfoundation.org/trademark-policy/)
           | 
           |  _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._
           | 
           | Someone should have stopped him from making the rambling
           | statements he's made.
           | 
           | If it's a trademark dispute, limit the the public statements
           | to the trademark issue. Don't muddy the waters with demands
           | for revenue share or upstream code contributions.
        
             | luckylion wrote:
             | Again, it wasn't about "WP", it was about "WordPress" (and
             | "WooCommerce"). Don't focus on "WP" just because the
             | company name is "WP Engine". It's not relevant to this
             | matter, their claim of trademark infringement is about
             | "WordPress" and "WooCommerce", not about "WP".
        
               | miiiiiike wrote:
               | Unfortunately many of their public statements have
               | focused on the "WP" in "WP Engine". See my above comment.
               | 
               | Their messaging around this has been messy and rambling.
               | The drowning out any point they're trying to make with
               | their own messaging.
               | 
               | Who can say the offer "WordPress" hosting? How much do
               | they have to pay? That question was dodged several times
               | in the interviews I've listened to.
               | 
               | If it's a trademark issue, make the claims and let the
               | courts figure it out.
               | 
               | Stay focused or stop talking.
        
               | Brian_K_White wrote:
               | Regardless what they want, they have very limited rights
               | to anything over that. Nike can say that you can't name
               | you new sneakers Nike. Can probably say that you can't
               | name your business "The Nike Store" even if all you stock
               | is Nikes, but can not cannot say that you cannot _refer
               | to_ Nike by their actual name to state that you sell Nike
               | sneakers.
               | 
               | WordPress is the name of the software that they provide
               | services about. There is no way to control who can simply
               | state that fact.
        
             | Brian_K_White wrote:
             | "For example, many people think WP Engine is "WordPress
             | Engine""
             | 
             | Remember he only just now updated that policy to say that,
             | and tried to make it retroactive.
             | 
             | https://joshcollinsworth.com/blog/fire-matt Scroll down or
             | search to "But Matt wasn't done."
        
               | Brian_K_White wrote:
               | Oh look, it's not the first time they accused people of
               | violating terms that did not exist, and then updated the
               | terms after the fact. And in this case the sites were
               | doing nothing wrong even by the updated terms anyway.
               | 
               | https://adland.tv/wordpress-shuts-down-several-feminist-
               | blog...
               | 
               | 2018 is a long time ago, and an honest mistake false
               | positive once in a while is no crime, but I still don't
               | see any excuse for the lack of integrity to do something
               | like modify terms after the fact and yet still try to
               | apply them retroactively.
               | 
               | That's not an accident or a mistake. It is dishonest,
               | deliberate, and part of a consistent pattern with today.
        
         | chomp wrote:
         | "WP" is not at dispute here.
        
       | hshshshsvsv wrote:
       | This is what happens when you raise billions in VC money.
        
       | ArchOversight wrote:
       | I have used WordPress in the past for various projects, and have
       | upgraded it for customers far more than I would like to recount,
       | but all of this is making me not want to use WordPress for
       | anything moving forward.
       | 
       | This does not feel like a stable foundation/platform to build a
       | future on.
        
         | monetus wrote:
         | These were my thoughts exactly, regardless of the outcome. If I
         | had something deployed and could move it, I would be migrating
         | off of WordPress right now.
        
       | humblepi wrote:
       | It's like if someone rewrote Elon Mudzk in PHP.
        
       | wenbin wrote:
       | If I understand correctly, Automattic and WP Engine generate
       | approximately the same revenue?
       | 
       | The creator of WordPress would undoubtedly be extremely
       | disappointed... they should have achieved much greater success.
        
       | tptacek wrote:
       | This is a pretty one-sided summary of the situation and, despite
       | citing the Theo Browne interview, leaves out from it that WPE and
       | WordPress and Automattic have apparently been in protracted
       | negotiations about this for over a year. Users are understandably
       | shocked by this outcome, but it seems implausible to claim that
       | WPE was.
       | 
       | I think it's also useful to note that Mullenweg wasn't demanding
       | 8% of WPE's revenue, but rather an allocation of WPE revenue to
       | WordPress ecosystem development (by staff members on WPE's own
       | team), with the revenue to Automattic (or whoever, I forget) as
       | an in-kind payment option.+ That is a much more reasonable-
       | sounding ask than simply forking over cash to Mullenweg's own
       | business.
       | 
       | I'm not following this closely enough to vouch for the way
       | Mullenweg is handling any of this (though: at this point I
       | assume/hope he has counsel reviewing what he's saying!) but it
       | would be weird to me at this point to see WPE cast as the "good
       | guys" here. This seems like another one of those "it's just a
       | bunch of guys" scenarios.
       | 
       | + _This is according to Mullenweg, of course, but he had Theo
       | Browne reading emails to WPE off his laptop during the interview
       | to back the claim up._
        
         | aimazon wrote:
         | "Negotiation" invokes visions of term sheets and boardrooms but
         | what Matt actually meant by "negotiation" (as revealed in the
         | interview) was emails in which he expressed displeasure at the
         | lack of contribution from WP Engine, and only in the days
         | before WordCamp did any sort of terms arrive at the table (the
         | 8% demand). Matt has acknowledged he escalated things in the
         | space of days, not years. The emails read out are birthday
         | party invites, not term sheets.
         | 
         | I agree that WP Engine cannot be characterised as "good guys"
         | given it's a bottom-line driven machine that will chew up and
         | spit out all in its path, and Matt has earned credibility
         | through decades of _community-minded_ WordPress stewardship,
         | but let 's not pretend this is some business deal that went
         | sour, it's Matt using every inch of leverage he has to cause WP
         | Engine pain because of his moral objections to the private-
         | equity machine taking money away from his _community-minded_
         | company.
         | 
         | Obviously WP Engine were never going to pay Automattic tens of
         | millions of dollars per year, Matt knows that, we know that,
         | it's a side show. He was just saying things to ruin their day.
         | Just like the millions of dollars per year in costs incurred
         | running WordPress.org that Matt has wheeled out to justify
         | causing WP Engine pain by cutting them off from plugin updates
         | (Cloudflare have offered to host WordPress.org for free; Matt
         | has not accepted the offer).
        
       | corobo wrote:
       | I wish he'd just do whatever he's going to do already. Dudes just
       | coming off as having a bit of a manic one at this point.
       | 
       | Two things that are true:
       | 
       | - Big businesses built off the back of an open source software
       | should absolutely chuck a bit back to said software
       | 
       | - Matt is messing with peoples' bread and butter to win his
       | little slap fight which is a complete dickhead move.
        
         | jeltz wrote:
         | And they do chuck a bit back. Matt just thinks it is not
         | enough.
        
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