
Father, husband, 20+ years @TheASF, punny guy. We have cats. He/him. #TrademarkTwitter and #OpenSource pundit focusing on community, licensing, public good.
Arlington, Massachusetts
Joined November 2007
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If your ๐ฅ spicy #WordPress vs. #WPEngine smackdown doesn't talk about #trademarks, you're missing the point.
Or, you could just read @adamhjk who's covered all the key details, some you probably didn't know around rights ownership. ๐คฉ
Markets dislike surprises.
Lets talk about #wpdrama. Open source and business friends know Iโm a strong believer that trademarks are the most underutilized lever in designing a strategy. Theyโre powerful, well understood mechanisms designed precisely for what many of us need: a unique brand in the market that belongs only to the business.
Go read automattic.com/2024/10/02/woโฆ, then come back. Iโll wait.
Okay, good! So here is the core design problem that Automattic faces. They created a scenario where the exclusive commercial rights to WordPress live with Automattic, while a foundation (also run by the same folks, I guess?) have the copyright and a limited ability to authorize the mark for non commercial purposes.
The Wordpress community flourishes. Huge number of people in the TAM. Mostly monetized by hosting. The competition and huge community of builders pushes the SAM of Wordpress through the roof - it does everything, basically. Multiple commercial entities appear, each re-enforcing the others position.
Then we get to today. Automattic and WP Engine are the two biggest players in the ecosystem. They're fighting over the same SOM, and roughly equal technology footing. Automattic invests heavily in the core software. WP Engine does not - they invest heavily in their differentiators (their hosting products, integrations with plugins, etc.)
This is *very* similar to the free software island monetization strategy, in economic terms. You have a "shared upstream in a foundation" which allows multiple commercial interests to compete. In this scenario, if you have a single corporate interest contributing to the main project, the smart move is to *not* invest in the core product, and compete with them by adding to your differentation. The best example of this happened in the Hadoop ecosystem - Cloudera v Hortonworks. Cloudera won. This is what WP Engine was doing.
But while WordPress *looked* like a free software island, it was actually not. Because typically those foundations hold both the copyright *and* the trademark, and in this case the trademark was split, with commercial rights belonging to Automattic. This comes as a surprise to, I think, the vast majority of the WordPress community. Because it wasn't in Automattics best interest to put it in your face, right? Grow that SAM! One WordPress!
So they try and correct the competitive imbalance (where they fund a strong competitors core R&D) through encouraging contribution. WP Engine ignores this, because it's not good for their business to divert resources to do that. So Automattic escalates, and says hey - if you don't want to contribute your fair share of the core burden, feel free to pay us for the trademark and we're good. Shouting and surprise ensues. Crazy new click through buttons show up. Things get weird.
Automattic and the WordPress foundation are not being great stewards here. They're changing the rules of the game to suit their taste, because they don't like how the game was going and they can. It's petulant, and it's already causing shock.
WP Engine was also not a great actor. It does, in fact, suck to be the player in a market that is mostly extractive rather than collaborative. They don't have a great counter argument other than "this was fine before".
It's the two players with the biggest share of the market arguing about who gets to take money from you, just in a more novel shape.
I suspect that once again there is a more interesting question of how the various levers were applied, and what the interests of everyone actually were. If the goal of this design was to make Automattic the largest player in the space, they made a mistake when they created an upstream of themselves, and the community made a big mistake when they believed that upstream had rules it didn't actually have. Could Automattic be a bigger company if the WordPress community was smaller, but they had a larger total SOM? I bet the answer is yes in hindsight. (which, hey, easy enough to say, a lot harder to do)
If you're wondering what you should take away as a community member, or a company evaluating your ability to build on open source technology that's absolutely core to your buiness - my advice is look for very strong trademark policies. You want absolute clarity from the jump. Otherwise, you risk being told later on that you no longer have access to the mark, and suddenly risk a very expensive litigation to find out the truth of it.
Examples of strong trademark policies:
* The ASF: apache.org/foundation/marks/
* Red Hat: redhat.com/en/about/trademarโฆ
* System Initiative: auth.systeminit.com/print-leโฆ
Note that all of them basically say - you can't use this mark. It belongs to us. Then it lists specific situations. Then it makes it clear that if you're in doubt, don't use the mark, or at the very least ask.
If you're building your own, use modeltrademarkguidelines.orgโฆ
Soft trademark policies and friendly usage helps grow a sense of community, but if you aren't actually committed to it being a mark that belongs to the community equally and fairly... you should close those marks, and let the community build their own. Or even make new marks and let *those* belong to everyone. Being clear about it is an important part of stewarding an open source community.
Wordpress and Automattic weren't clear about it when it benefitted them. Competitive pressures have caused them to pull this lever in order to correct what they see as an un-balanced competitive landscape. The bummer is that folks didn't know this was their lever to pull in the first place, and the fact that they were happy to let everyone believe it wasn't the deal.
#Cats, the original purpose of the internet. Oh, and hello Scotland, and #CommunityOverCode!

ALT Photograph of a cat crouched on the floor, playing with a toy. It's a calico cat named Luna, and she is facing down and to the right, lying with a fierce expression, tail curled behind her. She's got her paws firmly down ready to pounce, and the end of a string toy chomped in her mouth so it can't get away.
Hey @arlingtonmagov, I'd like to report a missed recycling pickup for Chester St. residents for today.
Why today? Because WM shows up at 6:30AM at the top of the heights, but we're supposed to have until 7AM to put out barrels. ๐ข
The proposed new MA state flag that truly showcases our local pride in design, but that we're not going to get: (Props to designer and @universalhub)
#Apache Magpie is going to truly bring community-built and driven agentic maintenance services that #FOSS projects can really use.
[NEWS] The Apacheยฎ Software Foundation Announces Apache Magpie, a new Top-Level Project that provides open source maintainers with platform infrastructure for agent-assisted repository maintainership buff.ly/SayRxfP
#opensource #maintainer
#OpenSource #Sustainability is critical in so many ways - especially funding for the many #independent #community run projects out there.
Help support the people and groups that build the software that's on every single computer you use by supporting the OSEndowment!
1/5 Today we're launching the Open Source Endowment (OSE) โ the world's first endowment fund dedicated to sustainably funding critical open source software. ๐ฑ
$750K+ raised. 60+ founding donors. Built to last forever.
endowment.dev ๐งต
If your ๐ฅ spicy #RubyCentral vs. #OpenSource community smackdown doesn't talk about #trademarks and the difference between RubyGems.org and the Ruby Gems software, you're missing the point. ๐ฐ
joel.drapper.me/p/rubygems-tโฆ
andre.arko.net/2025/09/25/buโฆ
ShaneCurcuru everywhere on socials ๐ณ๏ธ๐ retweeted
X : Any thoughts on Musk's attacks on the US civil service?
Me : Not the way to make lasting change. It will have one very concrete result though.
X : ?
Me : When Trump is replaced, Gov funding and support of SpaceX, Starlink, Tesla etc will dry up very quickly.
What's your long-term succession plan for domain names and open source projects you own? ๐ชฆ
Am I the only person who thinks about this stuff?
support.github.com/ticket/31โฆ
๐ Raise your hand if today is Yak Shaving Day! ๐ช๐
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๐ค
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โ Raise your hand if today is Advocate For Adding The Yak Emoji To Unicode Day! โจ๏ธ
"All we have to decide is what to do with the time that is given us." Celebrate the small wins to help us gear up for the rough road ahead. #BostonStrong
At @OpenForumEurope event wondering how we can help #Researchers on #OpenSource to include better project affiliation/size/governance data in their studies. Gotta be some simple data projects can add to signal are at a foundation, do have governance process, etc.
Fascinating idea for one aspect of #OpenSource #Sustainability: using the university endowment model to fund OSS maintenance. Simple question with huge upside, but a really hard problem to align all the different actors.
fosssustainability.com/aspecโฆ
Open source lacks sustainable funding that would ensure its proper maintenance at a global scale.
I've been excited to notice a potential key to this problem, which comes from similarities between OSS and top universities โ the endowment model.
kvinogradov.com/oss-universiโฆ
At #OpenForumAcademy in Boston and loving the โฆ@amcasariโฉ redone Nebraska #OpenSource maintainer picture. But: the โotherโ section misses out on all the independently governed Foundationsโฆ
Sigh. ๐ข Humanity is not ready for the internet.
It doesn't really matter if it's foreign bots spreading disinformation, or so influencers gaming the social media algorithim; we got hosed.
ShaneCurcuru everywhere on socials ๐ณ๏ธ๐ retweeted
I know many many wonderful people who are dedicated to making the world a better place and that's a thing that will not change tonight.
- Harris -
- Walz -
- Obviously -
That pretty much says it all. If that sounds weird to anyone who follows me, finding a broader array of news sources - perhaps some reputable international ones? - is recommended.
Hi Taylor!
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