What blog was this?

Matt’s agents post in so many different places it’s hard to keep track.

Edit: found it. Wow. This guy has the worst lawyers. https://automattic.com/2024/10/02/wordpress-trademarks-a-leg...

I love how he explains that “consideration” was conjured from thin air.

I own a car. I want to drive my own car on weekdays. To accomplish this, I give my car to Jimmy, and he promises to let me use it on weekdays?

Using the same analogy as in that post, apparently this is a valid contract with “consideration” because I gave Jimmy my car and, “in return,” he gave me my car back Monday–Friday.

I’m no lawyer, but I can’t imagine that it is illegal to donate a noncommercial license to a nonprofit organization, without contracts and considerations coming into play. But if I’m wrong, and “consideration” is a required element of a transaction like this, I don’t think this wash-sale version of it would pass muster anyway.

I also do not get it, I don't know why consideration is even relevant for a donation.

I assume someone wanted to restructure things so that a fully owned trademark was owned by a non-profit instead, with them retaining commercial rights.

Why would either side want to minimize the donation size? It reduces taxes for the commercial company and the non-profit doesn't care about income tax.

I don't know if the site is accurate but it's odd to bring up considerations for sure. I don't see anything immoral or unethical about want to restructure so that a non-profit handles the non-profit stuff.

You start to wonder if they work for WPE

There are so many legal entities here that appear completely intertwined: The WordPress Foundation, Automattic, Audrey Capital, WordPress Community Support PBC, etc. Conflicts of interest are a problem even if they aren't acted upon. It's going to get ugly.

the statements about the non-profit situation seem especially bad. He'll obviously have his own side of the story, but I'm guessing they didn't misread the tax filings.

Right. To me Matt is so so used to using them all almost synonymously that he seems oblivious to the ramifications thereof.