There is a standard, numbered IRS form for this exact purpose. Having once drafted a copy once, they do indeed require you to submit some kind of narrative and supporting documentation that there is some kind of impropriety in relation to their particular tax exempt status.
It’s not clear to me that WordPress.org has done that. I think it’s perfectly fair to ask WP Engine to pay WordPress.org some kind of fair compensation for the infrastructure demands they induce.
Sure, if they put the same requirements to pay on everyone. But specifically targeting one major competitor to the for profit company that is controlled by the same person who controls the nonprofit?
That gets into a pretty.sticky situation real quick.
I agree. And whether or not Automattic gets the money or WordPress.org does matter, but so does the way any such transaction is structured.
If Automattic is an infrastructure vendor (in a technical sense at least) to WordPress.org, it’s still reasonable that Automattic doesn’t want to just give its competitors free infrastructure.
I own a hosting business that’s heavily built upon WordPress and even I — at a scale immensely smaller than WP Engine - CDN some of my critical plugins and themes myself. (For a lot of reasons.)
WP Engine is absolutely massive. The load they put on systems that they consume from isn’t trivial. Asking for remuneration from a competitor that is using your services, according to their means, isn’t anticompetitive.
If a8c wants WPE to mirror the plugin and theme repos, they maybe should have asked for that. MM led out of the gate with his now-well-worn "existential threat" rhetoric and actually managed to escalate it from there. As one reddit commentator put it, "you catch more flies with honey than with lighter fluid".
The WP ecosystem needs mirrors anyway, but at this point I think it needs outright alternate repos, not under control of a8c in any way. This could be an attractive proposition to plugin/theme devs, because in this case, MM has been poisoning his own well for some time now (https://meta.trac.wordpress.org/ticket/6511). What are the odds that MM will accept a patch to WP core that allows alternate plugin/theme stores?
At the rate things are going though, a hard fork of the GPL'd core is looking more attractive every day. It just needs a catchy name. ClassicPress is already out there, but ... meh. How about FreePress?
It’s not clear to me that WordPress.org has done that. I think it’s perfectly fair to ask WP Engine to pay WordPress.org some kind of fair compensation for the infrastructure demands they induce.