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 when a former employer was migrating from it to a .Net CMS, and am a long-time friend and former coworker of Steve Grunwell, 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.
That is…until the creator of WordPress and CEO of Automattic, Matt Mullenweg, got into legal battles with WP Engine for…of all things…trademark violation.
(If you don’t know what I’m talking about and are feeling masochistic, the Verge has a good rundown.)
There’s just…there’s so much to unpack here.
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.
This Is So Clearly About Money
Let’s call it for what it is, really – a money grab (and arguably extortion, but we’ll leave that one for the lawyers). Everything Matt has said and done has pointed to that, because it’s in everything he’s had to say about the matter.
It’s particularly evident in his response to DHH (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, which he’s talked about with some regularity over the years), 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.
…Couched In “Contribution”
From the cease and desist letter, itself:
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.
Basically, he’s saying “you’re not investing enough into WP, so we’re going to try to bully you into more.” Except…that’s not how open source works. The ideal of open source is that everyone contributes to the things they take value in, but that’s not reality. There is always a large portion of any community that barely gives back anything, and a smaller portion that does most of the work. It’s annoying, but it’s reality.
But…WP Engine is contributing. They contribute the equivalent of a full time employee that Automattic doesn’t have to pay, in addition to sponsoring WordCamp for years. That’s far from nothing, particularly for a company that doesn’t make its money off the software, itself, but on value-added services for the software (and yes, I know exactly – probably more than most – what goes into a managed WordPress ecosystem; WordPress is actually only a tiny piece).
Automattic bragging about contributing 4000 hours a week to it is – in addition to being an overcalculation by as much as 215 or so hours even by Automattic’s own numbers elsewhere – moot and pointless, because Automattic functionally owns WordPress. That number also not actually accurate and may even be entirely falsified. They’ve pledged that amount of time, but it doesn’t mean that they’re actually working that amount. In fact, by Matt’s own admission (again), only 10% of the 600 contributors to WordPress 6.7 were Automattic employees. So…only 60 people are actually credited with contributing. Even if we assume those 60 people worked full time on WordPress, that’s 2,400 hours a week, not 4,000.
Really, the more I dig into this whole thing, the more unhinged it gets.
…Which He Clumsily Tries To Save Face On
At some point recently, he got called out on the fact that Automattic doesn’t “contribute” (read: pay) the open source software they use to the standard he is trying to hold WP Engine. What does Matt do? Pledges to increase contribution to the PHP Foundation to $250,000 a year. Even with that four-fold increase, it falls far short of 8% of Automattic’s total revenue (at best, it’s still under 1%). If 8% is so reasonable and such a pittance, why isn’t Automattic making that kind of contribution to something as critical to their business as PHP? (Hint: it’s not really about the contribution).
DHH Is Right, This Is Bad For Open Source
I have…mixed feelings about DHH. On the one hand, I greatly respect what he’s done for the Open Source community with Ruby on Rails (even if I have a love-hate relationship with it, too, but that’s a different matter for a different day), and for his ability to build what at least appears from the outside to be sustainable businesses. I also love, respect, and very much agree with his “work can wait” philosophy and the accompanying promotion of actual work/life balance. There are also…a lot of things I vehemently disagree with him on.
This, however…this is one of those times I’m very much in agreement with him. Automattic is doing open source dirty, and Matt has become a mad king.
If Matt somehow wins this fight, it will have a massive chilling effect on the entire WordPress ecosystem. After all, if a contributor’s plugin can be hijacked at his whim, or if Matt can and will suddenly try to strong-arm a ridiculous amount of a company’s revenue out of them after a decade or two or three, because they make too much money for his liking, why hold on to that ticking time bomb? If someone created a “WP-something” business, no matter when they created, they now have to look over their shoulder if they become at all successful, for the growing likelihood that he’ll come after them, next.
This also ripples through the broader open source community, eroding trust in the leadership of any and all open source projects, and trust in the projects, themselves. What company in their right mind would adopt open source software if the software’s leadership could, at any time, decide the company was “making too much” and/or “not contributing enough”? This is not what open source is about, and if it somehow doesn’t go against the letter of the GPL (which I’m pretty sure it does), it certainly goes against the spirit of it.
Honestly, it makes me sad to see such a popular project and such a vibrant community get dragged through the mud like this. At the rate things are going, the only thing this is going to accomplish is harming the WordPress community and the open source community more broadly, possibly landing Matt in jail, and calling into legal and ethical question the governance of the WordPress Foundation, Automattic, and all of the other directly-related entities. WP Engine is doing the smart thing and, aside from their cease and desist, have wisely kept their mouths shut about it.
And since I wouldn’t be the least bit surprised if I’ve summoned him not unlike Beetlejuice…
Hi Matt. No, I don’t care about how much money I do or don’t make from the things I do. What I make is enough for me to live comfortably and be able to help others. As far as you’re concerned, I’m very likely a nobody, and I’m perfectly fine with that. I contribute to open source, because I believe in the principles, I love the community, and I love the things we collectively make. I don’t measure success by the numbers in my bank account, but by the fulfillment I get from my life and the things I do. Honestly, from the view from out here, it seems as though you’re unravelling for some reason. I genuinely hope you can get the help you so clearly seem to need, before you burn everything you’ve built to the ground. If a project has to die, it shouldn’t be like this.
Your cease and desist letter to WP Engine claims their use of WP trademarks “tarnishes your reputation” and “harms the goodwill” you’ve established. I assure you, you’ve done far more harm to both than WP Engine ever has. For your own sake, if nothing else, stop this tirade. If you genuinely think you have a legal case against them, then pursue it as you see fit through your legal channels, but for the love of all that is good in this world, please stop with the crusade and the petty actions and the loyalty oaths. Not only do they make you look unhinged, but the more you talk, the more ammo you give WP Engine’s lawyers against you. Your terms are not reasonable, and everyone knows it.