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Automattic demanded web host pay $32M annually for using WordPress trademark (arstechnica.com)

submitted 1 month ago by [email protected] to c/[email protected]

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[–] [email protected] 14 points 1 month ago (1 children)

The letter alleged that "your blatant and widespread unlicensed use of our Client's trademarks has infringed our Client's rights and confused consumers into believing, falsely, that WP Engine is authorized, endorsed, or sponsored by, or otherwise affiliated or associated with, our Client."

If the trademark is indeed on the wordpress.org foundation and not the wordpress.com company, I didn't think that's a fair argument.

When I think Wordpress I think the software, not their hosting or company. Such an argument would only work if the exclusive trademark licensing were actually exclusively used, and not in addition to the very vast Wordpress [software] ecosystem.

WPEngine using the Wordpress trademark makes me think they're using Wordpress. Not that they are affiliated with Wordpress.com (or automattic that runs it).

Their about us pages:

I don't think either is a cancer to the FOSS Wordpress ecosystem. Both seem to give back.

[–] [email protected] 4 points 1 month ago* (last edited 1 month ago) (1 children)

If the trademark is indeed on the wordpress.org foundation and not the wordpress.com company, I didn’t think that’s a fair argument.

It is but the trademark is licensed to Automattic which handles all further commercial sub-licensing. And the CEO of Automattic sits on the board of the workpress foundation and is the creator of wordpress itself.

I don’t think either is a cancer to the FOSS Wordpress ecosystem. Both seem to give back.

I believe that this all started as the Automattic CEO did not think that WPEngine was contributing enough back to the wordpress ecosystem. Even after years of attempts to negotiate this. Seems he gave up trying and went after them for trademark rules as that was the only real leaver he had to pull. Since there is no obligation for WPEngine to contribute back to wordpress directly.

WPEngine using the Wordpress trademark makes me think they’re using Wordpress

Apparently this is contentious enough to be disputed in court not everyone thinks this and there are enough people that are confused over the matter that Automattic believe they can prove a trademark volition in court.

Lots more details in this interview with automattic CEO.

Dont know whos right here. Probably both sides are wrong to some degree. But worth hearing both sides of the argument before making a decision.

[–] [email protected] 11 points 1 month ago

The very clear point made here that should have shut all this noise down in the first place is that WPE is not obligated in any way to contribute back to Automattic (private biz) or the WordPress foundation (non profit). Complete shakedown by Matt that should be making all of us think very carefully about the future of the Wordpress platform as a whole. If one guy that runs a private business that also happens to be tied to a nonprofit that runs a widely used platform (yes, that does sound like a mess) decides that he’s not getting his way regarding your business that makes money off of the ecosystem (there are thousands), then he can throw a fit and shake them down too.

The platform isn’t perfect and has its warts, but it does fill a need that works for a lot of use cases. There’s a reason why so much of the web is using it. This drama has been making me give serious thought to completely abandoning the platform and recommending to everyone else that they do the same though.

[–] [email protected] 7 points 1 month ago (1 children)

Such a strange feud. Aren’t there a bunch of WordPress hosts that are given usage of the software name? It sounds like there’s just something specifically about WPengine’s deployments that are changing the formula, creating a sticking point.

[–] [email protected] 5 points 1 month ago

It is about WPEngine not contributing enough back to Wordpress, in terms of development effort or money. Apparently the trademark is the only legal grounds they have to go after WPEngine to try and get them to contribute back more.