For starters, Automattic doesn't make WordPress. They are the parent company of WordPress.com which is a service. A completely seperate entity of WordPress the open source project. Also worth noting that Automattic doesn't own WordPress.
Ok, now that that's out of the way, someone mentioned that section three of their document still referenced copyright claims to their APIs. They've since updated the text.
(3. Intellectual Property. [The Automattic APIs are subject to certain intellectual property rights in the US and other countries (though Automattic does not claim copyrights in the Automattic APIs that may arise under US law). You agree to abide by such rights, all applicable laws, and any additional copyright notices or restrictions to which any Content is subject.])
That change coincides with their statement of not claiming copyrights on the APIs.
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