The Trademark Battle Shaking the Open-Source World
AI created, human edited.
In a recent episode of the Untitled Linux Show, host Jonathan Bennett and co-hosts Jeff Massie and Ken McDonald dove into the ongoing trademark dispute between WordPress (Automattic) and WP Engine, highlighting how what started as a trademark protection issue has evolved into a concerning situation for the open-source community.
The Core of the Conflict
The dispute centers around the use of "WP" in WP Engine's name. While historically, WordPress's own guidelines didn't consider "WP" to be confusingly similar to "WordPress," Automattic has recently changed its stance. The company now argues that the use of "WP" could lead to confusion between WP Engine and WordPress itself.
Bennett outlined several controversial actions taken by Automattic:
- Trademark Enforcement: Automattic is now asserting that "WP" is too similar to "WordPress" and requires explicit permission for use.
- Plugin Takeover: Automattic has taken control of WordPress plugins associated with WP Engine in the WordPress store.
- Login Restrictions: Perhaps most controversially, WordPress implemented a checkbox on the login screen requiring users to confirm they're not affiliated with WP Engine - a move Bennett suggests might violate antitrust laws.
The Settlement Proposal
Automattic's settlement offer to WP Engine included several notable conditions:
- An 8% fee on gross sales OR
- Dedication of 8% of sales toward WordPress development (controlled by the WordPress organization)
- A controversial non-forking clause for certain GPL-licensed projects
As Bennett points out, the non-forking requirement appears to violate GPL license terms, adding another layer of complexity to the situation.
Looking Forward
While acknowledging that trademark protection is necessary (as illustrated by Jeff Massie's example of Harley Davidson's "Fat Boy" trademark case), the hosts emphasized that the current approach seems disproportionate to the issue at hand. They called for better dialogue and a more reasonable resolution that serves the broader WordPress community.
This situation raises important questions about the balance between trademark protection and open-source values, as well as the role of commercial entities in open-source project governance, The potential impact on WordPress's ecosystem and the broader internet could be substantial. With WordPress powering a substantial portion of the internet, this dispute could have far-reaching consequences beyond just the immediate parties involved.
Listen to the full discussion and more tech insights on the latest episode of the Untitled Linux Show. The ULS hosts bring years of experience and thoughtful analysis to the most pressing issues in open source and technology.
