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IT Technology

WP Engine Asks Court To Stop Matt Mullenweg From Blocking Access To WordPress Resources 50

WP Engine has filed a motion for a preliminary injunction against Automattic and its CEO Matt Mullenweg, seeking to halt their public campaign and regain access to WordPress resources. The hosting platform claims it's suffering "immediate irreparable harm," including a 14% spike in cancellation requests following Mullenweg's criticism.

WP Engine alleges the dispute has created anxiety among developers and increased security risks for the WordPress community. The legal action comes after Automattic accused WP Engine of trademark infringement, leading to exchanged cease-and-desist orders and a lawsuit. Last week, the WordPress.org project, led by Mullenweg, took control of WP Engine's Advanced Custom Fields plugin, redirecting users to a forked version.
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WP Engine Asks Court To Stop Matt Mullenweg From Blocking Access To WordPress Resources

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  • by DeplorableCodeMonkey ( 4828467 ) on Friday October 18, 2024 @10:00AM (#64874541)

    Mullenweg's handling of the governance has been an absolute shit show AFAICT for the FOSS side, and it seems like a lot of FOSS decisions were set up to subtly financially advantage one vendor.

    Generally speaking, mature FOSS projects with the ASF, CNCF, GNU, etc. have governance models that actively avoid this "BDFL wearing two hats for great profit" scenario, among other obvious conflicts of interest.

    Sorry, guys. Y'all chose the GPL v2 and WP Engine is compliant.

    • by MikeDataLink ( 536925 ) on Friday October 18, 2024 @10:08AM (#64874565) Homepage Journal

      Mullenweg's handling of the governance has been an absolute shit show AFAICT for the FOSS side, and it seems like a lot of FOSS decisions were set up to subtly financially advantage one vendor.

      Generally speaking, mature FOSS projects with the ASF, CNCF, GNU, etc. have governance models that actively avoid this "BDFL wearing two hats for great profit" scenario, among other obvious conflicts of interest.

      Sorry, guys. Y'all chose the GPL v2 and WP Engine is compliant.

      Wow, it’s like an acronym convention exploded! You've got the FOSS brigade, the ASF squad, the CNCF crew, and don’t forget GNU’s marching band. It’s a wonder anyone can understand what they’re saying between the BDFLs and the AFAICTs! Honestly, with that many acronyms, I half expected a secret handshake to come next. Did they all just win a game of buzzword bingo?

      • by PPH ( 736903 )

        One more applicable acronym: TANSTAAFL

    • If WP engine is not that stable (legally) wouldn't it just make more sense at this point to self-host wordpress? Lol...

  • by garett_spencley ( 193892 ) on Friday October 18, 2024 @10:53AM (#64874677) Journal

    I haven't been following this story in any kind of deep way, so I'm just familiar at a very high level. From what I remember, the WP creator is restricting access to their servers, for whatever reasons, and this is impacting WP Engine directly. WP says that if WP Engine wants to continue to consume WP's server resources at the rate they current are, that they will need to compensate WP for this.

    Others have said that the way that WP's creator is handling this is bad, and that might be true but unless they've done something illegal or that weakens their defence in court, that's irrelevant. It's not a crime to be a douche wad.

    So, the way I'm looking at it is why would WP Engine be entitled to unlimited access to WP's resources? The corollary of that is why should WP be compelled, under penalty of law, to offer these services at their own expense without compensation?

    I might be missing something but from what I understand, that's the essence. If it is a contract dispute and the courts find that WP entered into a binding agreement, that's one thing. But if that's not the case and the courts actually side with WP Engine, if I were the WP creator I'd just shut everything down and walk away. And no that's not wishful thinking (wanting WordPress to disappear), it's a moral principle. I'm not your tool and you're not entitled to something I produce or offer for free. And if you've been using it for free because I'm kind, and now I change my mind and that affects your negatively, tough shit. My kindness in the past doesn't make me your tool in the present.

    • by retchdog ( 1319261 ) on Friday October 18, 2024 @11:09AM (#64874705) Journal

      yeah, hard agree. it seems like WP Engine is trying to fallaciously bootstrap the legit FOSS requirement to "make source available for users" into a bogus requirement to "host resources for my customers at whatever capacity i need to run my business, for free."

      and slashdotters are agreeing, perhaps because their dedication to entitlement and piracy is stronger than their dedication to software development.

      • maybe a solution would be for Matt Mullenweg to redirect WP Engine users to a site where they can sign up to receive a copy of the plugin they want on a USB drive sent by media mail, in exchange for a modest fee to cover distribution costs and fund future development. aiui this is an rms-approved way to fulfill the obligations of the GPLv2.

      • yeah, hard agree. it seems like WP Engine is trying to fallaciously bootstrap the legit FOSS requirement to "make source available for users" into a bogus requirement to "host resources for my customers at whatever capacity i need to run my business, for free."

        and slashdotters are agreeing, perhaps because their dedication to entitlement and piracy is stronger than their dedication to software development.

        I think the vast majority of slashdotters (and other FOSS adherents) clearly understand the distinction between "free as in speech" and "free as in beer".

        So no, I would not say that slashdotters are agreeing with WP Engine because of your perception of "dedication to entitlement". Not sure how "piracy" even enters into it.

        • yes free speech/free beer is indeed a simple framework.

          it gets fuzzier when the issue is "entitlement to the costs for storing and distributing 'speech' at scale in realtime for a competitor's customers on behalf of one's competitor."

          FOSS does not cover that and is at least implicitly opposed to it (indeed most licenses explicitly disclaim even the guarantee of merchantability!), and yet slashdotters are confused. Why is that?

          • The ethos of FOSS is to protect and preserve access to the source code of the software. As long as a company does this, it can make all the money it wants charging for services based on that software and still be in compliance with FOSS licenses.

            Your comment about merchantability is a red herring. A disclaimer of merchantability does not mean someone can't make money offering a service based on the software in question.

            I don't see the "fuzziness" or "confusion" you claim is present.

    • by Fly Swatter ( 30498 ) on Friday October 18, 2024 @11:14AM (#64874717) Homepage
      That quote in the summary 'regain access to WordPress resources.' tells the whole story, WP Engine is depending on WP's distribution servers to operate and refuses to reimburse them for the heavy demand WP Engine creates on the 'free servers'.

      If you offer a service to the public for free and some big for profit company comes and overloads the service, wouldn't you also get a little annoyed? And if they simply refuse to help cover the costs of expanding said service to accommodate their high load, you too would start going a little crazy or at least start blocking the corporate pig trying to profit from your free service at your expense.

      The media is trying to make it an EGO fest when it is simply a case one side abusing the resources provided by the other - for corporate profit.
      • by PPH ( 736903 ) on Friday October 18, 2024 @11:56AM (#64874851)

        WP Engine is depending on WP's distribution servers

        This, exactly.

        WP Engine needs to host their own production shit.

      • by mysidia ( 191772 ) on Friday October 18, 2024 @12:52PM (#64875031)
        WP Engine is depending on WP's distribution servers to operate and refuses to reimburse them for the heavy demand WP Engine creates on the 'free servers'. Um... Your argument is something like "Time Warner internet should have to pay Youtube $100 Million a year extra, or we can turn you off, because their ISP creates heavy demand on Youtube servers." It's actually wordpress users depend on WP's distribution servers to operate. Bc devs of the software wrote the code so the Update feature and online Plug-in gallery download from Wordpress servers. The users just happen to pay WP Engine for their hosting services, and for a service that assists in the initial Worpdress installation. But the relationship is no different than any hosting provider. The wordpress servers are being used heavily by Wordpress users which simply has a concentration of a lot of Wordpress users on this one Internet Service Provider. But there's still another 800 Million wordpress installations worldwide who Aren't being asked to pay anything. So there is Unreasonable and discriminatory treatment against that one provider specifically because they are viewed as a major competitor in a Side business, which could be an Antitrust violation.
        • This is also what I understand from the various bits of info, Wordpress (the organisation) made it work so that it hoards all the plugins on its own servers, so anyone using Wordpress (the framework) is forced to use them.

          From this viewpoint, both WP and WPE are morally wrong but for two different reasons. WPE could have set aside part of the profit to support the software development, and WP should enable an independent plugin structure in the software and not do a bait and switch like those who switch fro

          • > so anyone using Wordpress (the framework) is forced to use them
            This isn't true.

            If you are using ACF Pro, for example, it downloads the updates / packages from their servers and not from WP.

            • I think they mean that it isn't like the typical repository system used in things like most Linux distros, F-Droid, etc. Any plugins like ACF Pro have to implement their own update systems, not just add a repository and have things be managed similarly to the wordpress.org sourced ones.

      • the heavy demand WP Engine creates on the 'free servers'.

        The polite way is to host a mirror locally so that you do not put a heavy load on the main servers.

        Not doing so in a for-profit business situation is negligent. If something happens to the original main and you do not have a mirror, you are screwed. In this case it is an intentional block, but what if they had just gone out-of-business? or temporarily lost their domain? or been hacked?

        FOSS makes this easy. Keep local repositories.

        • WordPress isn't really configured to host a mirror locally. Given that WPE has been accused of having a "hacked up, bastardized simulacra of WordPress's GPL code" just for changing a config value to default to not storing revisions by default, I doubt adding in functionality to have mirrors or different plugin/theme repos would be received well by WordPress.com/Matt/etc.

      • Automattic is not WordPress. At least, that is what they tell the IRS.

        This is like if Shuttleworth acquired a BDFL position at Debian and then shut off apt access to Blue Host if they refused to pay Canonical massive sums of money.

  • https://automattic.com/work-wi... [automattic.com]

    You too could put your name on this dumpster fire!

  • by lsllll ( 830002 ) on Friday October 18, 2024 @01:41PM (#64875169)

    Why hasn't WP Engine already set up an internal mirror of the resources on their own servers and modified the WP code to look at their own mirror instead of looking at the WP site? It would be faster, would give Mark what he's asking, and resolve their problems today. Is it because there's not readily available index of all the resources? Is it because there's a mixture of licenses on the resources, so that they can't copy them? If it's the Trademark issue, then that's something WP Engine should have addressed on day one.

    • Yes, this is the trivial end of it. When they were blocked initially, some proxies solved it.

      The real issue is the precedent. That Matt/WPorg can arbitrarily decide who and who can't be a part of (what was) standard WP architecture.

      Imagine if Github suddenly started 'owning' code, and deciding who can access it free, and who has to pay to access it.

      • (Probably) buried in the Terms of Service is that you can't use the service in a way that degrades the service for others or causes difficulties for the server operators. Blocking such abuse is (probably) within WP's legal rights.

        Just because you run 'the standard' service doesn't mean you have to allow everyone access, this isn't about ownership but about access (specifically abuse of access).
      • by lsllll ( 830002 )

        Putting in a proxy server, even if it's a caching proxy server, is not the solution. Setting up a proper mirror is the solution.

        The real issue is the precedent. That Matt/WPorg can arbitrarily decide who and who can't be a part of (what was) standard WP architecture.

        Imagine if Github suddenly started 'owning' code, and deciding who can access it free, and who has to pay to access it.

        I don't think anybody is saying they own anybody's code. The licensing of all the code makes it clear that the code is FOSS. From what I understand the issue is one of trademark and one of usage of resources. WP is right on the right side in both of those (albeit going about correcting it the wrong way).

        With regard to the trademark, WP engine does not have any rights to the Wor

        • Are you even paying attention, or just reading headlines?

          No one is questioning FOSS.

          Matt/WPorg TOOK OVER the WPorg page for ACF, and installed their own version (Secure Custom Fields.)

          They hijacked it. All the reviews, etc, were for ACF, but now made to appear to be for SCF.

          Good grief.

          • by lsllll ( 830002 )

            Dude, don't get your panties tied into a knot. The SCF vs ACF debacle is not what we're arguing here about. We're talking about WP Engine suing WP for blocking access to WP resources.

            But if you want to talk about SCF vs ACF, here's my take. Yes, it was wrong to replace ACF with SCF in the plugin repository. That's not how forking works. The SCF fork should have been a different plugin, with its own reviews, installation count, etc. But, at the end of the day, Mullenweg owns wordpress.org. He can do w

  • Some of that certainly wasn't written just to be stolen.

    Stealing the PRO version of the already-free code is absolute bullshit and Matt needs to see the inside of a jail cell.

  • It is simply not an option for the general public to run Wordpress themselves. The level of technical prowess required is beyond the majority of the population. Small businesses that run Wordpress on WPEngine do so out of need - not greed. Sites like WPE and other dedicated Wordpress hosts are needed. For Automatic to cut off their access is unconscionable. All WPEngine sites should join the suit.

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