Comment by bastawhiz

The most damning claim, I think, is that Automattic put a banner in every WordPress dashboard on the subject, including WordPress instances hosted by WPE. Automattic is a direct competitor to WPE (by way of WordPress.com). I'm no lawyer but I expect there's at least some argument to be made that there's some abuse of Automattic's position in doing so (though I don't know enough about the law to know whether they have a chance of winning such an argument). If Automattic was purely producing open source software with no vested interest in profit, that would be a different story perhaps.