[fastball]

Making a lot of money and contributing effectively nothing back to Wordpress (the open source project).

In WP Engine's own complaint they say that they've "invested hundreds of millions of dollars and 14 years of hard work building a successful business to serve that community", and nothing about contributing to the project itself. Which to me indicates that they indeed have contributed very little to the project they've made a huge amount of money from.

You can argue WPE doesn't need to and that this is a feature (not a bug) of open source. But Matt Mullenweg seems to disagree and wants to use the fact that they are also capitalizing on a trademark they have no license to in order to press the issue.

From my perspective, however, it seems unlikely Automattic will win this. Automattic seems to only be enforcing their trademark as a response to WPE not contributing back to Wordpress, which is not something WPE is legally obligated to do. Trademarks need to be defended universally and without reservation.