Automattic Publishes WP Engine Term Sheet Amidst Controversy

As the Automattic-WP Engine controversy continues, Automattic published the term sheet delivered to WP Engine on September 20, 2024. “In the interest of transparency, we’ve published the term sheet we offered to @LeeEWittlinger and @heatherjbrunner, it’s a simple one-pager.”, tweeted Matt Mullenweg.

The announcement post reveals that initial discussions between Automattic and WP Engine began in February 2023, led by Matt Mullenweg and continued by Toni Schneider during Mullenweg’s sabbatical.

The term sheet outlines five key points regarding a trademark license agreement. Under the terms, Automattic would grant WP Engine the rights to use WordPress and WooCommerce trademarks and branding, with WP Engine agreeing to follow all relevant guidelines. WP Engine was presented with three options for compensation:

  • Pay Automattic a royalty fee of 8% of its gross revenue on a monthly basis, along with a detailed report of its gross revenue, granting Automattic full audit rights.
  • Allocate 8% of its revenue to employee salaries for work on core WordPress features under the direction of WordPress.org, with both WordPress.org and Automattic retaining audit rights.
  • Combination of the above two options. 

The term sheet also prevents WP Engine from modifying or forking any software from Automattic, WooCommerce, or its affiliates. The agreement is for seven years with automatic one-year renewals.

However, the announcement post has a critical update: “Given WP Engine’s behavior, deception, and incompetence since September 20th these terms are no longer sufficient.

Matt also told The Repository, “That deal’s not on the table anymore. We’re seeking more, not 8%. I don’t want to speculate on what the deal might be… In July it was less than 8%, it was smaller. In September it was 8%. The deal they have to do next could be taking over the company, they have no leverage.” 

Public reactions to Mullenweg’s tweet sharing the term sheet have been mixed, with most replies critical of him, though some view the terms as reasonable.

The final results of a survey by Matt from The WP Minute:

During the ongoing discussions, co-founder & CEO of Cloudflare Matthew Prince offered to donate the capacity to power WordPress.org for the community. 

Meanwhile, the controversy seems to be spilling into Automattic, too. 

9 Comments

9 Comments

  • Author
    Posts
    • How can A8 ask for provisions to not fork their software when the license most of it under open source licenses?

      Seems weird and concerning?

      Reply
    • WordPress (.org) needs to be rescued from Mullenweg’s greedy mitts and planet-sized ego.

      Reply
    • Since the WordPress Foundation owns the “WordPress” trademark, why would WP Engine need to sign a licensing deal with Automattic, its competitor, for continued use of the trademark?

      Additionally, in an interview I watched on YouTube Matt said that other hosting companies have paid for a licensing agreement. Are these agreements with the WordPress Foundation or with Automattic?

      Reply
      • “the WordPress Foundation owns the “WordPress” trademark”

        Commercial rights to the trademark (i.e. licensing) were granted to Automattic the same day the WordPress Foundation took ownership of the trademark.

        Reply
    • Can’t these matters be dealt with behind closed doors? It’s ugly. And it tarnishes the appeal of WordPress. I don’t know all the details and don’t really care but all these headlines about war between WP Engine and Automattic popping up in my WordPress dashboards seem excessive. That’s my observation, not taking sides here. Peace and love, etc.

      Reply
    • Interesting move by Automattic! Publishing the WP Engine term sheet during a controversy seems like a bold step, and it definitely raises some eyebrows. I’m curious to see how this plays out, especially with the potential ripple effects on both companies and the broader WordPress community. I guess transparency is key, but it feels like this might stir the pot even more. What do you think—will it settle things down or just fuel the fire?

      Reply
    • The term sheet says that if WP Engine provided employee hours, it would be to “work on core WordPress features under the direction of WordPress.org.” The open source project is usually just referred to as WordPress, as can be seen on the About page of WordPress and the WordPress Foundation website. In some contexts, WordPress.org refers to just Matt Mullenweg. It would be great to get a clarification as to who or what would be directing the hours in that scenario, and if their interests are separate from those of Automattic/Matt Mullenweg.

      Reply
    • WordPress just doesn’t feel friendly anymore.

      That’s really the crux of the issue. I ran the plugin check https://wordpress.org/plugins/plugin-check/ on a bunch of plugins that I have been using for me and my customers and I see the warnings on all plugins that says they are violating trademarks because they have the word WooCommerce in it. Plugins that have been around for years since the very beginning of WooCommerce. Does that mean that all the plugins now have to pay or will be removed from WordPress.org? I think it does eventually probably.
      Will I get up tomorrow and see the free plugin that I have been using for years, disappear!

      Every day there is a new hostile action

      Reply
  • The topic ‘Automattic Publishes WP Engine Term Sheet Amidst Controversy’ is closed to new replies.

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