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Normalize tags, add stub drafts of entries
Signed-off-by: Shauna Gordon <[email protected]>
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--- | ||
title: "On Javascript" | ||
description: "" | ||
date: 2024-10-20 | ||
categories: [tech] | ||
tags: [javascript] | ||
draft: true | ||
--- |
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--- | ||
title: "Thoughts on the WordPress Saga" | ||
subtitle: "Lawsuits, trademarks, and open source" | ||
description: "When the pursuit of money overtakes community" | ||
date: 2024-10-20 | ||
categories: [tech] | ||
tags: [community, culture] | ||
draft: true | ||
--- | ||
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As a long-time PHP developer, touching WordPress in some way at some point in my career has been all but unavoidable. I even [once wrote a conversion tool](https://github.com/ShaunaGordon/wp2k) when a former employer was migrating from it to a .Net CMS, and am a long-time friend and former coworker of [Steve Grunwell](https://stevegrunwell.com/), who's quite well known around those parts (he's a great guy, if you ever have a chance to work with or hang out with him, definitely do so). However, I don't follow it *too* closely, as it's not my main niche within the broader PHP ecosystem. | ||
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That is...until the creator of WordPress and CEO of Automattic, Matt Mullenweg, got into legal battles with WP Engine for...wait for it...trademark violation. | ||
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![I admire your courage, but not your intelligence. Good luck.](/images/mash.gif) | ||
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(If you don't know what I'm talking about and are feeling masochistic, [the Verge has a good rundown](https://techcrunch.com/2024/10/20/wordpress-vs-wp-engine-drama-explained/?guccounter=1).) | ||
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There's just...there's so much to unpack here. | ||
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I'm going to try to stay away from the legal nitty-gritty, but it's kind of hard to talk about drama with a legal element without doing so, so before I continue, the usual disclaimer - I'm not a lawyer, this isn't legal advice, yadda yadda. What I am is a software engineer who has educated herself on things like contract, copyright, and trademark law, for purposes of protecting myself. | ||
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## Trademark Enforcement Requires...Enforcement | ||
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Matt's allegations fall on their face before they even leave the gate for this reason alone. You see, in order to legally enforce your trademark, you have to...you know...*enforce your trademark*. Implicitly (or perhaps explicitly, I'm not sure), you're expected to send a cease and desist letter as soon as possible after you're made aware of the violation. This is why organizations like Disney, Lucas Arts, and the Tolkien Estate are so draconian about enforcing their trademarks and copyrights (hence the common addage "don't mess with the mouse"). | ||
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The problem is, **WP Engine was founded in 2010**. If what they're doing violates trademark now (it's not), then it's been violating it for nearly 15 years, and Matt's done nothing about it. And there's no *possible* way he didn't previously know about the company, because they maintain the famous Advanced Custom Fields, contribute to WordPress regularly, and sponsor WordCamp. Oh, and *Automattic invested in WP Engine for years* (until recently, as I understand it). They're not an unknown entity, by *any* stretch of the imagination. | ||
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This alone should make any lawyer laugh him out of the office, in my opinion, but I'm guessing the lawyers listed on the stationery are on retainer of some sort. | ||
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*But it gets better.* | ||
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The other half of trademark enforcement is...you know...*having* a trademark. Now, "WordPress" and "WooCommerce" are, indeed, trademarked, and that's fine, but the alleged infringement isn't over those (other than a rather flimsy "you're using it in a way that causes confusion" argument), but "WP" is not, by [Automattic's own admission](https://archive.ph/rT0SE), trademarked: | ||
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> **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. | ||
(If the above isn't obvious retaliation, I'm not sure what is.) | ||
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Sorry Matt, a trademark can't be violated if it doesn't exist. And through all this, all signs point to the motive for this not actually being about trademark violation, anyway. | ||
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## His Complaints About Silver Lake Are Far Too Late | ||
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From what I can find, this spat ramped up this past September, starting with a keynote speech in which Matt basically demonized Silver Lake (the main investment company behind WP Engine). He talked about how venture capital companies don't care about open source and blah blah blah. | ||
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...Except...Silver Lake bought WP Engine **in 2018**. Now, maybe he talked about it in years prior...but WP Engine seems to track WordPress news pretty closely, and it seems to me like this would have happened in like...2019 or maybe 2020 after private negotiations or whatever, if it was actually about Silver Lake owning a majority share. | ||
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Maybe he started taking umbrage when WP Engine bought the company that created ACF? Except...they put the timeline from private talks at 18 months (so circa April 2023), and that purchase happened in June of *2022*, and since ACF and Delicious Brains' other plugins are (or *were*) hosted on wordpress.org, there's no way it wasn't known that it was under new management. | ||
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### And Kind of Hypocritical | ||
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I get it, venture capital is a vulture of an industry. It often robs companies of value, arguably more than it gives them, and getting funding from them is a bit like selling one's soul to Asmodeus. | ||
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[And yet, Automattic has taken its share of venture capital,](https://www.crunchbase.com/organization/automattic/company_financials) including, apparently, from BlackRock, one of the biggest, most powerful, and most controversial investment companies out there. | ||
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(His complaint that WP Engine is trying to curtail his first amendment rights is also pretty hypocritical in light of the amount of banning he's been doing lately, but we won't get into that one.) | ||
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## This Is So Clearly About Money | ||
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Alright, let's call it for what it is, really -- a money grab. Everything Matt has said and done has pointed to that, because it's in everything he's had to say about the matter. | ||
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[It's particularly evident in his response to DHH](https://archive.ph/UZZit) (sorry-not-sorry, Matt, the internet is forever. If you don't want things like this to stick around, then don't post them to begin with), where he basically goes into a dick-measuring contest about company size (apparently neglecting to acknowledge or realize that the small size of DHH's businesses are an intentional decision on his part), how much DHH makes, and how much money he's supposedly leaving on the table by letting Shopify and other big Rails shops to use Rails for free. Matt...that's not the flex you seem to have thought it was, dude. | ||
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[From the cease and desist letter, itself](https://automattic.com/2024/wp-engine-cease-and-desist.pdf): | ||
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> WP Engine promotes its services as bringing “WordPress to the masses”. See https://wpengine.com/about-us/. In reality WP Engine brings almost zero aspect of WordPress to the world: **It claims to contribute 40 hours per week to WordPress** (see https://wordpress.org/five-for-the-future/pledge/wp-engine/), while, by contrast, **Automattic is contributing almost 4000 hours per week to WordPress.** |