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WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

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Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#71
post #7

> Here, Mullenweg’s “statement that he had the right to disable WPEngine’s account access and to make changes to the ACF plugin for the sake of public safety[,]” see Opp. at 27-28, is belied by the declarations of WPEngine’s executives stating that the claimed vulnerability was minor [...] @photomatt literally screwed himself over by talking about his actions here, when everyone was screaming at him to shut the fuck…

I'm not sure how many people (including myself) told him to stop talking about the case on Hacker News. He never listened.

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#72

TL;DR: This is a huge verdict against Automattic. To get an injunction like this is a really high bar - you have to prove that you have a winnable case AND that you/the public is actively being harmed right now and it can't wait until trial. The injunction covers almost everything relevant - returning ACF, taking down the website tracker, removing the checkbox, etc. Basically return everything as it was before Matt b…

Right - not just a preliminary injunction but basically the Court dismisses basically every argument put forth by Automattic in all even claims as "not withstanding scrutiny", "not supported by evidence", and "a consequence of their own actions". Throughout the document, there is -very- little that says Automattic's defense to any of this has any substance.

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#73

I think this is fair. I think wordpress had every right to cut WPEngine off, but 1) the fact that subbing in his fork of their plugin killed already purchased "pro" user features without warning was an illegitimate attack on the "pro" customers themselves (who probably have a case against him personally), 2) the pretense that he was doing it for "security reasons" because there was an exploit (every single part of ev…

> the pretense that he was doing it for "security reasons" because there was an exploit (every single part of everything about wordpress has an exploit in a random month) shows that he thought he was doing something unjustifiable

Not to mention the threats posted online to other plugin developers, "we can and will find an exploit in your plugin and do exactly the same to you if we want" indicated it had very little to do with security. I'm sure he had Automattic employees pulled onto finding even the most trivial of exploits just to be able to do this.

> they'd probably have backed down and started contributing

WPE contributes probably in the seven digit a year range to WP. The very conference that Matt went "nuclear" at was sponsored by WPE to the tune of $75K (and for insult on injury, they were denied the ability to attend, and I believe all references to them were removed, but the money was kept).

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#74
> Defendants’ arguments in opposition do not persuade otherwise. They assert that “[t]he public is not, and will not, be subject to any harm in the absence of a preliminary injunction” noting that WPEngine implemented a workaround for Mullenweg’s interference with its access to WordPress. Opp. at 33. Not so. In his reply declaration, Prabhakar explains that the temporary solution “is impractical for many reasons.” Prabhakar Reply Decl. ¶ 4. Without access to wordpress.org, those who use WPEngine’s plugins “would not know that their plugins require update[.]” Id. Many do not know how to update plugins manually. Id. For those that do, if they manage several websites, and those websites run multiple plugins, the process of performing manual updates would be too onerous and time consuming to be workable. Id. Moreover, even if WPEngine’s workaround did not present the difficulties Prabhakar describes, the costs associated with its implementation, as necessitated by Mullenweg’s conduct, supports the issuance of injunctive relief.

Ouch. The court is basically saying that they need to implement the preliminary injunction for the wider public good. Rather puts the lie to several assertions by Mullenweg.

In fact, it's not at all looking good for Mullenweg or Automattic.

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#75

Yes, they did use Matt's Hacker News comments against him. (p24) The more relevant outcome of WPEngine getting the injuction is in Section F (p40), which includes removing that WordPress login checkbox.

Matt hasn't commented here in 57 days. I wonder what changed from, paraphrased, my lawyer okayed this communication[1] and now. [1] https://news.ycombinator.com/item?id=41726961

Given the amount of downvotes his comments attract, I wouldn't be at all surprised that he just behaved like a normal human and decided to stop posting on a site where everyone seems to disagree with him.

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#76

Earlier quoted context omitted.

I like how confident this post is. Blackrock absolutely has private equity operations which they do not hide even a little bit > Private equity is a core pillar of BlackRock’s alternatives platform. BlackRock’s Private Equity teams manage USD$41.9 billion in capital commitments across direct, primary, secondary and co-investments. https://www.blackrock.com/institutions/en-us/strategies/alte... They also do more tradi…

> Our platform takes a holistic approach to investors’ private equity portfolios and is designed to offer strategies and solutions that align with client objectives and deliver persistent outperformance. I get your point, but again, they are doing this on behalf of clients . And 49b is less than a percent of their holdings. So I would still think of them as a brokerage. This would be like calling Uber a restaurant co…

> This would be like calling Uber a restaurant company just because they launched UberEats.

an apt comparison.

Some people dislike how ubereats operate.

The dislike of private equity is not unfounded, but also the problems don't actually stem from private equity at all, but from bad/misaligned incentives. People tend to want to assume that private equity buying a business will retain the same incentive as the original owners - but the reason why PE would buy a business is _because_ the original owners weren't being perfectly efficient (aka, stingy).

This has nothing to do with private equity per se, and has everything to do with capitalism at it's core.

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#77

Earlier quoted context omitted.

https://ma.tt/2024/10/first-amendment/ The lawyer thing was hilarious. Someone actually claiming to be his lawyer was on the HN threads and anytime he was asked a question the response was a version of "Oh, I hadn't heard about this. I can't answer that."

> After this post, I will refrain from personally commenting on the WP Engine case until a judge rules on the injunction. Well, a judge did indeed rule on the injuction. He just retweeted this tweet about the case: https://x.com/brian_essig/status/1866640985842692452 > This is actually bullshit. Agree with him or not, the court is forcing an open source maintainer into providing services to a user. What’s next, a com…

It's funny because i literally explained in the original thread how this actually works legally, and that's exactly what happened.

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#78

TL;DR: This is a huge verdict against Automattic. To get an injunction like this is a really high bar - you have to prove that you have a winnable case AND that you/the public is actively being harmed right now and it can't wait until trial. The injunction covers almost everything relevant - returning ACF, taking down the website tracker, removing the checkbox, etc. Basically return everything as it was before Matt b…

Uh, yeah, and in fact, the judge found likelihood of success on the tortuious interference claim which basically never happens, and so didn't bother to deal with the unfair competition part.

That's remarkably bad for Automattic - tortuious interference is often a throwaway claim.

The judge here clearly does not think much of Automattic's positions.

I wonder if Neal found the merit yet[1].

[1] https://automattic.com/2024/10/03/meritless/

Re: WPEngine, Inc. vs. Automattic– Order on Motion for Preliminary Injunction

#79
post #14

Rooted in speculation about why this meltdown occurred in the first place: be very careful about taking money, as well as the amount and who from. My guess from day one is that Matt was put under pressure from investors and this was the only "fix" he saw. A real shame to see such a great legacy flushed for zero ROI.

I dunno, I mean he could have applied the "fix" in a more cold and calculated method. Tons of PE companies out here doing the same and squeezing the stone without resorting to random personal attacks of those they disagreed with. Everything just had this air of pettiness to it instead.
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