I’ve been writing and talking about WP Engine a lot in the last week, but I want to be crystal clear about the core issue at play.

In short, WP Engine is violating WordPress’ trademarks. Moreover, they have been doing so for years. We at Automattic have been attempting to make a licensing deal with them for a very long time, and all they have done is string us along. Finally, I drew a line in the sand, which they have now leapt over.

We offered WP Engine the option of how to pay their fair share: either pay a direct licensing fee, or make in-kind contributions to the open source project. This isn’t a money grab: it’s an expectation that any business making hundreds of millions of dollars off of an open source project ought to give back, and if they don’t, then they can’t use its trademarks. WP Engine has refused to do either, and has instead taken to casting aspersions on my attempt to make a fair deal with them.

WordPress is licensed under the GPL; respect for copyright and IP like trademarks is core to the GPL and our conception of what open source means. If WP Engine wants to find another open source project with a more permissive license and no trademarks, they are free to do so; if they want to benefit from the WordPress community, then they need to respect WordPress trademark and IP.

Further reading:

• Automattic’s cease and desist to WP Engine.
• WP Engine is not WordPress.
• WP Engine is banned from WordPress.org.

Some people have been interpreting my comments around private equity and investors as saying they’re all bad and you should never accept investment or trust a company that does… I don’t agree with that at all. Investors are amazing, they’re the fuel of entrepreneurship and capitalism and responsible for most of what we enjoy today. I can look in the eye of another founder and wholeheartedly recommend Automattic’s investors—True Ventures, Addition, Tiger Global, Salesforce, GIC, ICONIQ, LVMH/Aglaé, Akkadian, Wellington, Sweetwater, Alta Park, Schonfield, Chris Sacca…—and say they’ve upheld open source values and allowed us to nourish the open source ecosystem and flourish as a business. (They’re not an investor, but there are new folks like OSS Capital which are totally open source aligned.)

So investors, even “private equity” ones can be okay, but just like with anything, there are good ones and bad ones, so it is worthwhile to look into their track record. After an investor joins a company, what happens next? Do they change away from an Open Source license? Does the community flourish or wither on the vine as a result of their actions? It can be complex because you can have, as we do in WordPress, some companies contributing and some companies just taking. Some investors, like ours, are minority investors, which means they don’t control the company. Some buy a majority share in companies and control them, and that’s where who ultimately owns things matters the most.

Can they change? Of course. Every saint has a past and every sinner has a future. I think everyone should be afforded that grace. But it can’t just be in words, it has to be in action.

I may make my keynote tomorrow a deep dive presentation into some specific examples of this going poorly, because I think it’s highly relevant to WordPress’ survival. Tune in! There will be a livestream here.

(This post should be read while listening to Wish by Joshua Redman. The writing is synchronized to the music reading speed.)

Contributor day just wrapped up for Portland for WordCamp US. If you ever have a chance to visit a WordCamp, I recommend it. It’s an amazing group of people brought together by this crazy idea that by working together regardless of our differences or where we came from or what school we went to we can be united by a simple yet groundbreaking idea: that software can give you more Freedom. Freedom to hack, freedom to charge, freedom to break it, freedom to do things I disagree with, freedom to experiment, freedom to be yourself, freedom expressed across the entire range of the human condition.

Open Source, once ridiculed and attacked by the professional classes, has taken over as an intellectual and moral movement. Its followers are legion within every major tech company. Yet, even now, false prophets like Meta are trying to co-opt it. Llama, its “open source” AI model, is free to use—at least until “monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month.” Seriously.

Excuse me? Is that registered users? Visitors to WordPress-powered sites? (Which number in the billions.) That’s like if the US Government said you had freedom of speech until you made over 50 grand in the preceding calendar year, at which point your First Amendment rights were revoked. No! That’s not Open Source. That’s not freedom.

I believe Meta should have the right to set their terms—they’re smart business, and an amazing deal for users of Llama—but don’t pretend Llama is Open Source when it doesn’t actually increase humanity’s freedom. It’s a proprietary license, issued at Meta’s discretion and whim. If you use it, you’re effectively a vassal state of Meta.

When corporations disingenuously claim to be “open source” for marketing purposes, it’s a clear sign that Open Source is winning.

Actual Open Source licenses are the law that guarantees freedom, the bulwark against authoritarianism. But what makes Open Source work isn’t the law, it’s the ethos. It’s the social mores. It’s what I’m now calling Ecosystem Thinking: the mindset that separates any old software with an open source license from the software that’s alive, that’s humming with activity and contributions from a thousand places. 

Ecosystem Thinking has four parts:

1. Learn
2. Evolve
3. Teach
4. Nourish

Learn is about keeping ourselves in a beginner’s mind, the curiosity to always engage with new ideas and approaches.

Evolve is where we apply those learnings to our next iteration, our next version. We see how things work in the real world: it’s the natural selection of actual usage.

Teach is actually where we learn even more, because you don’t really know something until you teach it. We open source our knowledge by sharing what we’ve learned, so others can follow on the same path.

Nourish is the trickiest, and most important part: it’s where we water the garden. If you’ve done the previous three steps, you’ve been very successful; now your responsibility is to spread the fruits of your labors around the ecosystem so that everyone can succeed together. This is the philosophy behind Five For the Future, which you’re going to see us emphasize a lot more now.

That’s the ecosystem. But if it’s the yin, what’s the yang? This openness and generosity will attract parasitic entities that just want to feed off the host without giving anything back. There are companies that participate in the Learn/Evolve/Teach/Nourish loop like a FernGully rainforest, and there are those who treat Open Source simply as a resource to extract from its natural surroundings, like oil from the ground.

Compare the Five For the Future pages from Automattic and WP Engine, two companies that are roughly the same size with revenue in the ballpark of half a billion. These pledges are just a proxy and aren’t perfectly accurate, but as I write this, Automattic has 3,786 hours per week (not even counting me!), and WP Engine has 47 hours. WP Engine has good people, some of whom are listed on that page, but the company is controlled by Silver Lake, a private equity firm with $102 billion in assets under management. Silver Lake doesn’t give a dang about your Open Source ideals. It just wants a return on capital.

So it’s at this point that I ask everyone in the WordPress community to vote with your wallet. Who are you giving your money to? Someone who’s going to nourish the ecosystem, or someone who’s going to frack every bit of value out of it until it withers? Newfold, especially since its acquisition of Yoast and Yith, gives back. (I’ve asked them to consolidate their Five for the Future pages to better represent the breadth of their contributions.) So does Awesome Motive, 10up, Godaddy, Hostinger, even Google. Think about that next time it comes up to renew your hosting or domain, weigh your dollars towards companies that give back more, because you’ll get back more, too. Freedom isn’t free.

Those of us who are makers, who create the source, need to be wary of those who would take our creations and squeeze out the juice. They’re grifters who will hop onto the next fad, but we’re trying to build something big here, something long term—something that lasts for generations.

I may screw up along the way, or my health may falter, but these principles and beliefs will stand strong, because they represent the core tenet of our community: the idea that what we create together is bigger than any one person.

(Hat tip to Automattician Jordan Hillier for the great ecosystem image.)

Update: I ended up presenting this post and furthering the case against Silver Lake and WP Engine at WordCamp US on September 20^th.