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WP Engine sent “cease and desist” letter to Automattic

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Re: WP Engine sent “cease and desist” letter to Automattic

#132
post #39

I'm not a lawyer, as you will soon realize. This is just water cooler talk, which is what HN is for. I sort of directionally think that if WPE had a strong case here, their opening bid wouldn't be a C&D (I've noticed C&Ds frequently include a "preserve documents" section, presumably as punctuation, but for what it's worth that's an implicit threat they might sue). The meat of this C&D seems to be a section towards th…

The most damning claim, I think, is that Automattic put a banner in every WordPress dashboard on the subject, including WordPress instances hosted by WPE. Automattic is a direct competitor to WPE (by way of WordPress.com). I'm no lawyer but I expect there's at least some argument to be made that there's some abuse of Automattic's position in doing so (though I don't know enough about the law to know whether they have…

Isn't this completely fine? If you and I both make aspirin, but we both put a little something extra in it (me vanilla, you salt) and I put banners on my web page saying "bastawhiz's salty aspirin puts the ass in aspirin", doesn't this just seem like typical rivalry? My point here is that defamation is defamation no matter the scale. I think scale is relevant re: damages, but not as to whether or not rivalry escalated to defamation in the first place.

Re: WP Engine sent “cease and desist” letter to Automattic

#133
post #126

Earlier quoted context omitted.

I got it. But explain this to people who are spoiled by $59 themes :) More themes that you can choose from -> more Kirby users -> stability -> more users coming from other solutions etc…

It's an entirely different target audience. Kirby is a tool that's designed mostly for developers, and not really for end users. There's no one-click install, there's no pressing a button to install plugins. And that's by design.

Well, in fact it was two clicks install :) I’ve downloaded it, unzipped into a folder and with PHP running I was ready… No Nodejs and React needed. These are so painful to maintain.

So Kirby is really nice to run.

And I understand your point.

Re: WP Engine sent “cease and desist” letter to Automattic

#134

Earlier quoted context omitted.

The most damning claim, I think, is that Automattic put a banner in every WordPress dashboard on the subject, including WordPress instances hosted by WPE. Automattic is a direct competitor to WPE (by way of WordPress.com). I'm no lawyer but I expect there's at least some argument to be made that there's some abuse of Automattic's position in doing so (though I don't know enough about the law to know whether they have…

Isn't this completely fine? If you and I both make aspirin, but we both put a little something extra in it (me vanilla, you salt) and I put banners on my web page saying "bastawhiz's salty aspirin puts the ass in aspirin", doesn't this just seem like typical rivalry? My point here is that defamation is defamation no matter the scale. I think scale is relevant re: damages, but not as to whether or not rivalry escalate…

> Automattic put a banner in every WordPress dashboard on the subject, including WordPress instances hosted by WPE

> I put banners on my web

There's a large difference between putting up a banner on _your_ site and abusing your position to put a banner on _every_ site you can.

Re: WP Engine sent “cease and desist” letter to Automattic

#135

Earlier quoted context omitted.

Isn't this completely fine? If you and I both make aspirin, but we both put a little something extra in it (me vanilla, you salt) and I put banners on my web page saying "bastawhiz's salty aspirin puts the ass in aspirin", doesn't this just seem like typical rivalry? My point here is that defamation is defamation no matter the scale. I think scale is relevant re: damages, but not as to whether or not rivalry escalate…

> Automattic put a banner in every WordPress dashboard on the subject, including WordPress instances hosted by WPE > I put banners on my web There's a large difference between putting up a banner on _your_ site and abusing your position to put a banner on _every_ site you can.

If you sell my aspirin in your shop, you will have to accept what I put on the packaging or stop carrying my product.

Re: WP Engine sent “cease and desist” letter to Automattic

#136
Automattic invested in WP Engine in the early days, why didn't they acquire it, or WP Engine didn't want to sell. But why did Matt choose the open source license that he chose, it seems like that at the end of the day he only cares for money and not the WordPress community.

Re: WP Engine sent “cease and desist” letter to Automattic

#137
post #39

I'm not a lawyer, as you will soon realize. This is just water cooler talk, which is what HN is for. I sort of directionally think that if WPE had a strong case here, their opening bid wouldn't be a C&D (I've noticed C&Ds frequently include a "preserve documents" section, presumably as punctuation, but for what it's worth that's an implicit threat they might sue). The meat of this C&D seems to be a section towards th…

I'm also not a lawyer, pleased to meet you.

> I sort of directionally think that if WPE had a strong case here, their opening bid wouldn't be a C&D

I believe, as a non lawyer, in some places to be able to sue for defamation you must first contact the defamer and demand they take it down.

I have no idea and no opinion if there is a case. If there is a case a C&D might be a necessary step.

Re: WP Engine sent “cease and desist” letter to Automattic

#138

Automattic invested in WP Engine in the early days, why didn't they acquire it, or WP Engine didn't want to sell. But why did Matt choose the open source license that he chose, it seems like that at the end of the day he only cares for money and not the WordPress community.

The fact that he wants money for Automattic suggests that Automattic are now hurting financially in some way.

Re: WP Engine sent “cease and desist” letter to Automattic

#139

Earlier quoted context omitted.

> Automattic put a banner in every WordPress dashboard on the subject, including WordPress instances hosted by WPE > I put banners on my web There's a large difference between putting up a banner on _your_ site and abusing your position to put a banner on _every_ site you can.

If you sell my aspirin in your shop, you will have to accept what I put on the packaging or stop carrying my product.

That's true, but does not apply to this situation.

Automattic is not the owner of WordPress, the WordPress Foundation is. Even though many employees of Automattic work (maybe full-time) on WordPress [1].

So I sell your aspirin in my shop, and a friend of yours helped you package your aspirins and while doing that put some stickers onto your aspirin.

[1] https://www.df.eu/blog/wer-steckt-hinter-wordpress-ueber-die... (German)

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