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David Gerard@awful.systemsM to TechTakes@awful.systemsEnglish · 8 months ago

Hello Matt this is your lawer speaking. I am advising you today to please keep posting this shit

news.ycombinator.com

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Hello Matt this is your lawer speaking. I am advising you today to please keep posting this shit

news.ycombinator.com

David Gerard@awful.systemsM to TechTakes@awful.systemsEnglish · 8 months ago
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  • smpl@discuss.tchncs.de
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    8 months ago

    Unless you refer to something other than violation of a trademark, I’m curious to know how it’s more complicated than that?

    • db0@lemmy.dbzer0.com
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      8 months ago

      WP was explicitly not a trademarked term

      • smpl@discuss.tchncs.de
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        8 months ago

        I haven’t stumpled upon anything that complained about the use of the letters WP.

        • db0@lemmy.dbzer0.com
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          8 months ago

          What do you think the trademark claim against WPEngine is exactly?

          • o7___o7@awful.systems
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            8 months ago

            New blog smell, most likely

          • smpl@discuss.tchncs.de
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            8 months ago

            Here you go

            • https://automattic.com/2024/wp-engine-cease-and-desist.pdf
            • https://automattic.com/2024/wp-engine-cease-and-desist-exhibits.pdf
            • Kg. Madee Ⅱ.@mathstodon.xyz
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              8 months ago

              @smpl @db0 yeah, which has 0 legs to stand on. Hence the question about nominative use …

              • smpl@discuss.tchncs.de
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                8 months ago

                There does seem to be confusion among WPEngine customers from exhibit document. Whether they are in violation of the trademark or not is up to a judge to decide on. WPEngine have recently been doing a lot of changes on their website to clarify that they are not Wordpress. That does not automatically make them in violation, but it indicates that there were areas where they could have been more clear in their communication to customers.

    • David Gerard@awful.systemsOPM
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      8 months ago

      explain to me your understanding of nominative use, for a start

      (or, preferably, don’t)

      • smpl@discuss.tchncs.de
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        8 months ago

        That would be if WPEngine sold hosting of an unmodified Wordpress codebase.

        • David Gerard@awful.systemsOPM
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          8 months ago

          you’re on matt’s legal team right

          • smpl@discuss.tchncs.de
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            8 months ago

            What a nice person you are.

            • Kg. Madee Ⅱ.@mathstodon.xyz
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              8 months ago

              @smpl @dgerard well, you sure got the smarts

        • froztbyte@awful.systems
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          8 months ago

          what… what exactly do you think people like dreamhost and bluehost and such do? in your mind, do they have special dreampress and bluepress “vendored” versions of wordpress?

          good lord

          • smpl@discuss.tchncs.de
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            8 months ago

            I’m only talking about trademark law. I’m not arguing what’s morally right or wrong, that’s a subjective perspective. I’m not able to tell if Dreamhost and Bluehost are violating the trademark, but from what I know they are generic webhosting companies and not as easily confused with Wordpress. In my personal opinion having had a quick look at Dreamhosts page about hosting Wordpress. It seems quite obvious that they only host the Wordpress software, with prominent phrases like “optimized for WordPress” and “Recommended by WordPress.org”.

            • self@awful.systems
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              8 months ago

              photomatt? get the fuck off my instance photomatt

              • froztbyte@awful.systems
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                8 months ago

                wouldn’t that just be funny as fuck

                • David Gerard@awful.systemsOPM
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                  8 months ago

                  i’m not saying he’s been sockpuppeting on the orange site, i’m just asking

                  • froztbyte@awful.systems
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                    8 months ago

                    user: metamichael created: 23 hours ago

                    lul

                • self@awful.systems
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                  8 months ago

                  the only way to know for sure is to do a Photography Matthew photo critique thread and see if I get a nasty letter

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