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…
WP Engine sent “cease and desist” letter to Automattic
241–250 of 287 posts
Re: WP Engine sent “cease and desist” letter to Automattic
#242https://automattic.com/2024/09/25/open-source-trademarks-wp-...
Re: WP Engine sent “cease and desist” letter to Automattic
#243WP Engine calls itself the worlds #1 wordpress hosting (with over 1.5m clients), but they aren't even in the top 10 material contributors to wordpress. Although they have pledged to support wordpress development, is is only to the tune of 40 hours a week. Their pledge is miniscule given their usage of wordpress and isn't even in the top 25 pledges made. It seems they were called out on this, and told to resolve it or…
Nice try, Matt. In all seriousness, if this whole thing is about some false marketing claim from WPE, then call them out specifically on that in a tweet or something. Why does it deserve the "scorched earth nuclear approach", which equates to blackmailing them into giving you millions to prevent you from disparaging them in all media outlets? The claims Matt made go far beyond WPE not contributing to WP development a…
Re: WP Engine sent “cease and desist” letter to Automattic
#244I'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…
Re: WP Engine sent “cease and desist” letter to Automattic
#245Disclaimer WP Engine Customer - I read the comments from Matt M yesterday, and it felt like a hit piece. I run a website for a couple scifi like conventions, we need cheap reliable hosting without me having to deal with the vagaries of running wordpress myself. I would have bought a product like WP Engine directly from Automattic, but AFAIK they dont offer one, this feels like lashing out at a competitor because they…
> cheap reliable hosting I can't speak to the reliability, but it's definitely not cheap
Re: WP Engine sent “cease and desist” letter to Automattic
#246> Automattic CEO and WordPress co-creator Matt Mullenweg unleashed a scathing attack on a rival firm this week, calling WP Engine a “cancer to WordPress.” In my experience, WordPress itself could be called a Cancer to the Web. The amount of new clients I've picked up who needed help rescuing broken and malware ridden WordPress sites is... well, it's more than I'd like as I really do not enjoy WordPress LOL
WordPress isn't that bad. Okay, the code is kinda messy in some places, but which 25 year old project isn't? And yes, in the early days it was cowboy coding, but those days have been over for more than 15 years. What "broken and malware ridden WordPress site" typically means is "customer installed a bunch of random plugins from random sites written by teenagers or bozos who don't know what they're doing". And yes, th…
Re: WP Engine sent “cease and desist” letter to Automattic
#247I'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 defamation angle is not interesting. They are pretty clear they will go after them for torturous interference, unfair competition, etc. California's UCL is much broader than you may think here - it is consistently interpreted very broadly by california courts, and has fairly low requirements (IE fraudulent business practices under the UCL do not have meet the same requirements as fraud)
The diminished standard of intent and the fact that a mere advertisement can trigger liability in some states makes UCL/CFA extremely powerful in some cases.
Re: WP Engine sent “cease and desist” letter to Automattic
#248Earlier quoted context omitted.
The law is not black-and-white. Absolutes like "Everyone can use your Trademark to identify the thing" don't fit in this context. Your reliance on Wikipedia to summarize a doctrine further demonstrates you don't have a firm grasp on the subject. Of course none on HN should listen to legal interpretations (including mine) because it's often not that simple. You can get a glimpse of the issue by reading this commentary…
Well I’ll be ready to watch the lawsuit for trademark infringement then. Except there won’t be one because there’s no chance that’s trademark infringement. All the statements on the website of WP engine (as I currently see it of course) don’t imply any affiliation with the Wordpress trademark owners and are pretty factual. Do you have some more explicit reasoning for statements on the website that you find infringing…
Put some money on those 0% odds.
Re: WP Engine sent “cease and desist” letter to Automattic
#249Earlier quoted context omitted.
Matt gave away the software he invented and founded a commercial venture to monetize his efforts despite this. Automattic originally registered the trademarks. Years later they donated them to the foundation, to make the marks available for noncommercial use and limited commercial use. In the process Automattic retained the exclusive commercial license to the marks.
Where is the invention? He forked b2/cafelog and continued work on it when the original project faded out. He had no choice but to give it away unless he wanted the only WordPress install in the world. Another fork like b2evolution or any of the billion blogging tools at the time would have taken the spot WordPress did instead.
“it would be nice to have the flexibility of Movable Type, the parsing of Textpattern, the hackability of b2, and the ease of setup of Blogger. Someday, right?” Synthesis is a type of invention: https://evanm.website/2016/03/synthesis-over-invention/
>Another fork like b2evolution or any of the billion blogging tools at the time would have—
People love to say things like this about any and all products but there’s this overwhelming counterpoint of what actually happened.
Re: WP Engine sent “cease and desist” letter to Automattic
#250Earlier quoted context omitted.
Exactly, the extortion is the most serious allegation, but WPE isn't providing a lot of background in terms of what and how much Mullenweg was demanding, only texts that came well after the demand was made. My guess is if there's a really damning email, WPE's lawyers served them a legal hold privately rather than make it public. Alexa, order ten cases of popcorn...
Matt admitted on reddit that he asked for 8% of annual revenue or ~40 million. https://www.reddit.com/r/Wordpress/comments/1fnz0h6/comment/... He posted this after receiving the C&D.