Stand with Festinger Vault: Help Us Fight for Open-Source Freedom

Stand with Festinger Vault: Help Us Fight for Open-Source Freedom
Martin Groot

Support Festinger Vault’s fight against corporate power to keep open-source accessible for all.

 

TL;DR: I’m Martin, founder of Festinger Vault, a small, independent platform offering GPL-compliant WordPress resources to over 50,000 users worldwide, including nonprofits and individuals in need.

Automattic, the corporation behind WordPress, has launched aggressive legal actions to shut us down—freezing our accounts, blocking healthcare funds related to my muscular disease, and even attempting to seize my wheelchair-accessible vehicle and home. Despite Automattic’s own CEO admitting our GPL compliance, they continue this lawsuit to stifle competition, endangering not just our mission but the very principles of open-source. 

The Amsterdam District Court recently found Automattic in preliminary violation of their Duty of Truthfulness and Completeness for withholding critical evidence. While the court ordered some assets to be unfrozen, Automattic has escalated legal proceedings to force us into a costly fight for survival. 

Why Your Support Matters Our reopening in December will mark a new chapter for Festinger Vault, but I need your help to make it happen. Automattic’s efforts to suppress a GPL-compliant service sets a dangerous precedent for open-source software everywhere. Here’s how your support will help us defend Festinger Vault and uphold open-source principles:

  1. Fund Our Legal Defense – Every donation will directly cover legal fees for the upcoming short hearing on November 27th and the substantial costs of the ground procedure Automattic has launched. This prolonged legal process is a significant part of their strategy, designed to stretch out proceedings and exhaust our resources. Please note that even though the Amsterdam Court ordered Automattic to compensate us for the legal costs that we incurred to lift the seizures on our assets, Automattic had, until the present date, refused to do so.
  2. Reopen Festinger Vault—With your help, we’ll bring Festinger Vault back online by week 50, allowing our community of 50,000+ users, charities, and nonprofits to access the GPL software they depend on once again.
  3. Send a Message – We can show that the open-source community won’t let corporations selectively enforce trademarks to suppress competition. Open source should represent accessibility and shared value, not corporate control.

Lastly, I’m excited to share that Festinger Vault will reopen by week 50 of 2024, between December 9 and 13! With your support, we are determined to reopen—free from Automattic-associated products and fully compliant. Stand with us against corporate power to keep open-source accessible to everyone. Every donation will directly cover legal costs, reopen our doors, and send a strong message: open-source belongs to the community, not corporations.

Link to the Amsterdam Court’s Verdict of October 2, 2024:
Read the full court decision here

// END TL;DR

Our Mission and Background
Our mission to deliver a unique service—with automatic updates, bulk downloads, white label branding, free access to over 25.000 GPL-compliant themes and plugins for WP, and a thriving community of open-source developers—will continue stronger than ever. We’re implementing adjustments to protect our platform and community from inhuman future attacks, and we look forward to serving you again.

The name Festinger Vault wasn’t chosen by accident; it has deep, personal significance for me. It’s a nod to the theory of cognitive dissonance developed by social psychologist Leon Festinger. This theory explains that when a conflict arises between one’s beliefs and actions, it creates discomfort that people naturally strive to resolve. This theory profoundly resonates with me.

Before founding Festinger Vault, I was a psychologist, working with patients from challenging backgrounds in health care. During the COVID-19 pandemic, my situation grew more complicated when my progressive muscular disease began limiting my mobility, ultimately making it impossible for me to continue working as a psychologist. This left me in a state of imbalance—a person with a social drive and sense of justice to contribute to society but physically limited in my options.

In this challenging period, Festinger Vault was born. For me, it became more than just a way to earn a living; it was a path to purpose, blending my belief in collaboration and open-source with my technical knowledge. Festinger Vault embodies this spirit by offering to share thousands of people GPL resources they need but might otherwise be unable to afford.

Here’s What We’re Up Against:
Automattic, the multi-billion dollar corporation behind WordPress and WooCommerce, has launched a full-scale legal attack against Festinger Vault. They’ve obtained court orders to freeze our accounts, cut off access to essential healthcare funds, and even attempted to seize my wheelchair-accessible vehicle and adapted home — all without any prior communication or attempt to resolve the matter directly.

Their accusation? Trademark abuse—despite Automattic’s CEO publicly stating that our actions are “legal under the GPL.” and “We were able to use the trademark basically to shut them down.” (see video below around minute 40) These aggressive tactics have disrupted not only my life but also the lives of thousands of Festinger Vault users worldwide. By blocking access to GPL products, Automattic has affected nonprofits, small businesses, and individuals who rely on our services. I am proud that Festinger Vault supports several charities globally by providing free lifetime access to those in need. Because of Automattic’s actions, these users are now cut off from critical resources.

The recent court decision on October 2, 2024, in the District Court of Amsterdam, the Netherlands, sheds light on Automattic’s methods and misuse of legal measures. The court found indications of misconduct on Automattic’s part under their Duty of Truthfulness and Duty of Completeness (Article 21 Rv), concluding that Automattic had misrepresented facts by not disclosing a relevant interview with their CEO on September 29, 2024.

This interview, which the court reviewed in full only after the hearing, presented a stark contrast to the arguments Automattic made in court and their written responses. In the interview, Automattic’s CEO clearly stated that Festinger Vault’s actions are “not illegal” and are “legal under the GPL.” Notably, the CEO remarked, “We were able to use the trademark basically to shut them down,” indicating a selective use of trademark rights to stifle competition rather than protect intellectual property.

The court found it remarkable that Automattic had focused nearly half of its argument on alleged GPL violations, despite the CEO’s admission of Festinger Vault's GPL compliance. They pursued an ex parte court order without prior warning or communication. The court recognized that the online community has criticized Automattic’s selective enforcement of trademark rights to suppress smaller competitors like WP Engine, another significant player Automattic has targeted in similar legal battles.

The court ruled that Automattic’s actions warranted the lifting of the freeze on my bank account, noting that the funds are vital for covering personal healthcare and necessary home adaptations. However, the freeze on my shared home ownership remains in place, as the court deferred a final decision on the trademark claim to an upcoming session. Given the uncertainties around the alleged damages and Automattic’s apparent misrepresentations, the court concluded that Automattic’s legal maneuvers constitute a preliminary violation of their Duty of Truthfulness and Duty of Completeness (Article 21 Rv).

Automattic’s Tactics of Intimidation and Extortion: Automattic has also attempted to intimidate me personally, using tactics similar to those they used against WP Engine. While I can’t comment fully on this, I plan to bring evidence of these intimidation attempts to light in our next court hearing.

Our Path to Reopening and What We Need: We have a crucial court hearing on November 27th, and with your support, we’re confident about a re-launch by mid-December. We’re proactively ensuring compliance with all requirements, including the complete exclusion of any products associated with Automattic, so our services align with the necessary guidelines. Our platform and plugin are fully prepared for a fresh start, and we look forward to reopening our doors. 

This Is More Than Just a Legal Battle: It’s About Open-Source Principles and Human Impact. This fight is about more than copyright and trademarks; it’s about whether a powerful corporation has the right to use its full force to undermine a small, independent business committed to open-source values. I founded Festinger Vault to make affordable, GPL-compliant resources available to everyone, especially those who can’t afford premium pricing. Automattic’s actions threaten this mission, putting the principles of open-source collaboration at risk.

Why Your Support Matters Our reopening in December will mark a new chapter for Festinger Vault, but I need your help to make it happen. Automattic’s efforts to suppress a GPL-compliant service sets a dangerous precedent for open-source software everywhere. Here’s how your support will help us defend Festinger Vault and uphold open-source principles:

  1. Fund Our Legal Defense – Every donation will directly cover legal fees for the upcoming short hearing on November 27th and the substantial costs of the ground procedure Automattic has launched. This prolonged legal process is a significant part of their strategy, designed to stretch out proceedings and exhaust our resources. Please note that even though the Amsterdam Court ordered Automattic to compensate us for the legal costs that we incurred to lift the seizures on our assets, Automattic had, until the present date, refused to do so.
  2. Reopen Festinger Vault—With your help, we’ll bring Festinger Vault back online by week 50, allowing our community of 50,000+ users, charities, and nonprofits to access the GPL software they depend on once again.
  3. Send a Message – We can show that the open-source community won’t let corporations selectively enforce trademarks to suppress competition. Open source should represent accessibility and shared value, not corporate control.

Join me in Protecting Open-Source for All Festinger Vault. It may be a small business, but with your support, we can stand firm against this tech giant and fight for a future where open-source remains accessible to everyone. Every contribution—financial or by sharing our story—brings us one step closer to reopening our doors and sending a clear message: open-source is meant for everyone.

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Martin Groot

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