WP Engine Files Injunction, Hearing Set for November 26, 2024

WP Engine filed a motion on October 18, 2024 for a preliminary injunction in a Northern California court, seeking restored access to WordPress.org and a reversion to conditions as of September 20, 2024. The hearing is set for November 26, 2024.

The Injunction filed claims that Matt and Automattic have “engaged in a self-proclaimed “nuclear” war aimed at destroying WPE’s business because WPE dared to stand up and speak out against Defendants’ extortionate demand for tens of millions of dollars annually for a purported “license” WPE does not even need.”

It went on to say that Matt and Automattic’s action included “blocking WPE’s access to business resources including those used to service its customers, blocking WPE’s customers from accessing important security updates, making a litany of false and disparaging statements, and even expropriating one of WPE’s most popular software products as its own. Facing this onslaught of retaliatory actions, WPE had no choice but to file suit to protect its business, its employees, its customers, and the entire community in which it operates.”

The injunction also mentions that WP Engine has suffered losses as “the data show a 14% increase in cancellation requests, 333 fewer new contracts than expected from the “sales-assisted” channel, and a 29% drop in new customers from the “self-service” channel.”

In response, Automattic and Mullenweg stated, “This case is not about Plaintiff’s access to WordPress… this case instead is about WordPress.org – a website owned and run by Defendant Matt Mullenweg individually, for the benefit of the community he loves. WordPress.org is not WordPress. WordPress.org is not Automattic or the WordPress Foundation, and is not controlled by either. To the contrary, as Plaintiff itself acknowledges, WordPress.org is Mr. Mullenweg’s responsibility.”

It continues, “Mr. Mullenweg has no contracts, agreements, or obligation to provide WP Engine access to the network and resources of WordPress.org. WP Engine points to no terms, conditions, or permissions that entitle them to such access. Nevertheless, WP Engine, a private equity-backed company, made the unilateral decision, at its own risk, to build a multi-billion dollar business around Mr. Mullenweg’s website. In doing so, WP Engine gambled for the sake of profit that Mr.Mullenweg would continue to maintain open access to his website for free. That was their choice.”

On his blog, Matt published this about WP Engine, “They say this is about community or some nonsense, but if you look at the core, what they’re trying to do is ask a judge to curtail my First Amendment rights.” he also said, “I will refrain from personally commenting on the WP Engine case until a judge rules on the injunction. I will continue to exercise my First Amendment rights to promote others’ speech.”

This has drawn much concern from the WordPress community. Jeff Chandler (WP Tavern founder) tweeted, “The words in this document can not be over emphasized enough to current and future WordPress builders. These statements generate shock waves to the core of what has been built and maintained over the last 21 years. Honestly, I don’t see Matt doing these things to any other plugin or business in the future. But the fact that he has done it at all means it’s a risk that has to be accounted for.”

AspirePress published If WordPress.org is not for the community, then we will be while web developer Brian Coords tweeted, “WordPress/.org is not WordPress” is a good reminder that only the code is open source. When you build something online, you should treat all platforms and distribution channels as someone else’s sandbox and plan accordingly.”

Andrew Palmer (entrepreneur and co-founder of Bertha AI) shared another point of view in his tweet, “Do you really want someone else running WordPress? If so, be careful what you wish for. Have a look at the open source projects that are no longer Open Source and let me know. https://en.wikipedia.org/wiki/List_of_formerly_open-source_or_free_software”.

Katie Keith (CEO of BARN2 Plugins) tweeted about the injunction, “I hope it brings some stability to the WordPress ecosystem, as people won’t be constantly wondering what will happen next .”

The dispute has now attracted broader media attention, with coverage from outlets including BBC News.