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by minimaxir 555 days ago
Yes, they did use Matt's Hacker News comments against him. (p24)

The more relevant outcome of WPEngine getting the injuction is in Section F (p40), which includes removing that WordPress login checkbox.

3 comments

Matt hasn't commented here in 57 days. I wonder what changed from, paraphrased, my lawyer okayed this communication[1] and now.

[1] https://news.ycombinator.com/item?id=41726961

Almost certainly the lawyer either A) did NOT ok it, B) OK'd it and then realized that was a huge mistake and reneged, C) was replaced by a different lawyer who made it very clear it was an awful idea.

Matt is pretty clearly a terrible client from a client control perspective. He's simply not good at doing anything but exactly what he wants to do.

As I have said elsewhere, he is now in this situation solely due to his own actions, having gained almost nothing and lost a lot. He'll lose more if this goes to trial.

https://ma.tt/2024/10/first-amendment/

The lawyer thing was hilarious. Someone actually claiming to be his lawyer was on the HN threads and anytime he was asked a question the response was a version of "Oh, I hadn't heard about this. I can't answer that."

what they’re trying to do is ask a judge to curtail my First Amendment rights.

I've heard about corporations being persons too but a person claiming to be a corporation is a new one. Has that regal "L'État, c'est moi" ring to it.

I don't think he claims to be a corporation here.

What he says is that, because wordpress[dot]org is his personal site, telling him what to do with it would violate his First Amendment rights.

Its still stupid. The first amendment doesn't mean you can do literally anything you want.
I've come to realize that for some people the law is considered in a Big Lebowski manner: "that's just, like, your opinion, man".
First amendment right is against the government; not other companies and individuals.
> After this post, I will refrain from personally commenting on the WP Engine case until a judge rules on the injunction.

Well, a judge did indeed rule on the injuction.

He just retweeted this tweet about the case: https://x.com/brian_essig/status/1866640985842692452

> This is actually bullshit. Agree with him or not, the court is forcing an open source maintainer into providing services to a user. What’s next, a company finds a bug and a court orders a maintainer to fix it?

That's not an accurate description. An accurate description is that the court is ordering an open source maintainer to stop treating one particular user in a hostile and exclusionary manner. Now, you can object to that too, but there's a serious difference. It's like fixing a bug, but intentionally excluding some particular user from getting the bug fix - it's not the same as fixing a bug. Fixing a bug anew requires additional work, and forcing somebody in un-contracted work is usually hard. Allowing a user to access the bug fix everybody else can access requires just stopping being a jerk, no surprise the court is much more willing to grant such kind of relief.
Also, promissory estoppel, which an actual attorney explained as such:

Even though you don't have a contract, you make a promise (Matt: wp.org is free forever to anyone), someone (WP Engine) relies on that promise to their detriment, and the plaintiff's reliance on that promise was reasonable. Discussion of promissory estoppel at 44:17 (over the next 3 minutes or so) in [1].

And note that singling out WP Engine for very explicitly a payment is part of the rationale.

Shortly after Mike also discusses the same point made by /u/DannyBee [2], ie that the attorneys seem to be considering this case not in the context of the wordpress business, in which Matt being allowed to say you all have access to the code / updates / plugins at my whim is not great for wordpress the company outside of this narrow cirumstance.

[1] A discussion by attorney Mike Dunford: https://www.youtube.com/watch?v=DdwiZEhRS3o

[2] https://news.ycombinator.com/item?id=42385083

It's funny because i literally explained in the original thread how this actually works legally, and that's exactly what happened.
Can you link to that explanation, please, for those of us not well versed in how this works?
It's always lame when somebody's arguments get shut down in court and then they just repeat the same failed arguments after.

Like, come up with some new material.

The court is forcing the operator of wordpress.org into providing services, being an open source maintainer is entirely irrelevant here. This entire thing is closer to app store litigation than anything even vaguely open source.
Given the amount of downvotes his comments attract, I wouldn't be at all surprised that he just behaved like a normal human and decided to stop posting on a site where everyone seems to disagree with him.
Iunno, if I felt being misunderstood, I would try to make the same point over and over, irregardlessly (or: exactly because of) the downvotes.
I used to do that, too. It didn't work.
Pretty sure everyone except Matt saw that one coming
I feel like photomatt's comments are going to be enshrined in the same way the Dropbox one was. He talked up such a huge game but everyone knew he was in the wrong - we need to intercept cocky executives before they incriminate themselves in media res.
> we need to intercept cocky executives before they incriminate themselves in media res.

Please don't, just let them.

Never interrupt your enemy when they are making a mistake.

There’s a community of users to think about…

I think Matt needs to be replaced, and while the “what” may be arguable, he loses hard on the “how”.

These people care little of the potential consequences, they operate from a particular mental model in that regard [1]. The harm will be done. When they swan dive from a reputational and legal perspective, step back and the problem solves itself.

[1] https://news.ycombinator.com/item?id=42371295

I agree if we're talking from the perspective of his lawyers. From the wordpress community perspective, I think we benefited from Matt's extraordinary outspokenness here. It made all the bad acts very easy to bullet point in this injunction!
Maybe he'll have to step back like Linus had a few years ago.

And maybe give the wp.org domain ownership to the Foundation, making WP a bit more reliable and resilient to one's actions.

That wouldn't change anything - he IS the foundation.
Curious as to what was the Dropbox comment? Can you please share or link? Thanks!
Congrats, you're one of today's lucky 10000:

https://news.ycombinator.com/item?id=9224

Also worth reading the poster's follow-up years later and the ensuing discussion. Graeme's observation about the significance of the comment is super important:

https://news.ycombinator.com/item?id=16661824

Time for another episode of "The Case for 9224" (not criticizing you! it's just my hobby, apparently)

That comment has gotten a bum rap over the years. The commenter was trying to be helpful with Dropbox's YC application (that's what "app" meant on HN in 2007). Back then, file synchronization was widely thought to be a solution-in-search-of-a-problem. I've been trying for years to get people to understand this (starting at https://news.ycombinator.com/item?id=23229275, then https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...), even though I know you can't argue with the internet.

The comment only became infamous years later [1, 2], after Dropbox was clearly a success—so this is a case of hindsight. If people would only read all three comments, instead of stopping at the first, they'd see that the exchange was pleasant and successful [3]. But a meme is more fun. It didn't exist, so it had to be invented! [4]

Compare that with the other infamous-HN-comment-from-2007, "did you win the Putnam" [5], which got pilloried in real time. No hindsight fallacy there!

If the hivemind had empathy (which alas it does not), people would stop to consider how they'd feel about getting publicly mocked over decades for something they posted with good intentions at age 22 [6]. Alas, this is how the internet works—not much we can do about it. It's amazing, though, what a good sport BrandonM has been about it all this time. That part of the story is actually real, so we should celebrate that too.

[1] https://news.ycombinator.com/item?id=6138488 (August 2013, i.e. 6 years later) seems to be the earliest reference on HN itself.

[2] April 5, 2007: "Show HN, Dropbox" - https://news.ycombinator.com/item?id=6625306 (Oct 2013)

[3] https://news.ycombinator.com/item?id=9272 from Drew, and then https://news.ycombinator.com/item?id=9479

[4] https://www.whitman.edu/VSA/trois.imposteurs.html

[5] https://news.ycombinator.com/item?id=35079, but don't miss the witty and graceful concession (https://news.ycombinator.com/item?id=35350)

[6] https://news.ycombinator.com/item?id=16661824

I never interpreted these comments as mean-spirited, it’s just funny how the comment is completely wrong on hindsight. Kind of like the 640 kB of RAM thing or horses being better than cars.

I don’t think the point is that the people saying it at the time were stupid, it’s just interesting that people can come to completely wrong conclusions which seem reasonable at the time.

It's not completely wrong in hindsight†. It's only "wrong" if you assume "app" means Dropbox itself, and if you ignore the context of the thread. Brandon was talking about an application that framed Dropbox as an alternative to USB drives, and critiquing the pitch.

There was a time on HN where it actually made sense to bat a YC application back and forth, and to talk about what might make a more or less compelling one. It's long gone, and the people dunking on this comment have completely lost touch with what the original community was. I'm not saying that community was better (it was much more insular), but it was certainly more collegial.

In fact, I think we now know it was literally correct, and YC had the same qualms, accepting Drew Houston just to get access to him and apparently hoping he'd find something better to work on.

And in case anyone needs it, the 10,000 number is referencing this: https://xkcd.com/1053/
It would be this one, I'm sure.

https://news.ycombinator.com/item?id=9224

Why intercept them? I don't want douchebags like that to succeed in their douchebaggery. I want them to mouth off.