[He/Him, Nosist, Touch typist, Enthusiast, Superuser impostorist, keen-eyed humorist, endeavourOS shillist, kotlin useist, wonderful bastard, professinal pedant miser]
Stuped person says stuped things, people boom

I have trouble with using tone in my words but not interpreting tone from others’ words. Weird, isn’t it?

Formerly on kbin.social and dbzer0

  • 104 Posts
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Joined 7 months ago
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Cake day: March 5th, 2024

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  • While I agree with the politics part (especially the notorious suspend-then-hibernate thing), I do see why a lot of devs would ask for systemd-init: to just bundle 1 kind of service instead of a gazillion. Same thing with Flatpak and not needing to build a gazillion binaries for every distro that hasn’t packaged you, even though FLatpak’s sandboxing away from native libraries is something I just don’t like.


  • They’re advertising the speed of their cache, which can easily be just a plugin, and the amount of servers, which well of course is external software that requires no changes to WordPress.

    As for the endorsement part, I’ll just copy what I said above:

    At most, they just ambiguously used “Powered by WordPress Experts” once. I don’t see how the evidence misleads people into thinking there was an endorsement.

    But yeah, the smart way out would’ve been adding a “WP Engine is not associated with WordPress.org”, at least one below the “WP ENGINE®, VELOCITIZE®, TORQUE®, EVERCACHE®, and the cog logo service marks are owned by WPEngine, Inc.” footer. All in the past now, though. At the best both companies are tomfools.

    See, that’s why I don’t like talking about the same thing in multiple threads.


  • The second you change how a project works in any way in any context, it is no longer the same product and you are not entitled to use their trademark to reference it.

    However, it’s quite plausible that they did not modify the project at all. Instead, they are providing their own servers and dictate how their servers work while the WordPress source code (& binaries) themselves are isolated from any changes. That’s a new service.

    There’s a past case where “an independent auto repair shop that specialized in repairing Volkswagen cars and mentioned that fact in their advertising was not liable for trademark infringement so long as they did not claim or imply that they had any business relationship with the Volkswagen company”, which I think holds just as well here.

    as soon as they were contacted and told that their use was unacceptable, that ambiguity goes away.

    Think that over. If that were true, you’d have endless corporate bullying. Every past “nominative use” case has originated from a trademark holder suing a plaintiff.

    (IANAL)