The WordPress operator Automattic must allow the hosting service WP Engine to access WordPress.org resources and plugins. This was decided by a Californian district court in a preliminary injunction. WP Engine had previously sued for damage to its business and demanded that Automattic’s restrictions be lifted. The judge granted this demand. Both parties have been publicly arguing for three months about trademark rights and participation in the further development of the content management system.
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Automattic must cease all measures against WP Engine
Following the judge’s decision, Automattic must restore access for WP Engine on WordPress.org and its Advanced Custom Fields plugin hosted there by Friday at the latest. The company may no longer modify existing installations by installing its own fork and must reset them to their previous state. Automattic must also remove the checkbox with which users are supposed to confirm that they are not connected to WP Engine when logging in. The public list of customers who have left WP Engine must also not remain online.
With this decision, the court agreed with WP Engine’s view that Automattic had behaved in a way that was detrimental to its business. Although the judge acknowledged that WP Engine needs the resources of WordPress as a business basis and uses them without a contract, she also noted that Automattic is only taking action in the case of WP Engine and is not prosecuting other competitors. An Automattic spokesperson announced to The Register that the company would take legal action against the decision.
Public dispute over trademark rights and development
Automattic took the measures in September after WordPress co-founder Matt Mullenweg publicly disparaged the hosting provider during a keynote speech. He accused WP Engine of trademark infringement and misleading customers because the name element “WP” suggested a business relationship between the two companies. For this reason , Automattic sent WP Engine a warning letter and demanded an additional payment of license fees for the use of the WordPress trademark. As a result, WP Engine sued the WordPress operator for defamation and attempted extortion (case no. 3:24-cv-06917).
Following the takeover of WP Engine by investor Silver Lake, Mullenweg criticized the hosting provider for making money with the open-source CMS but not providing sufficient financial or code support for its development. In addition to the WordPress community, Automattic itself would also benefit from such support, as the company itself also offers a hosting service for WordPress. This not only divided the community, but also Automattic’s employees. Mullenweg offered a compensation payment to employees who wanted to leave the company because of the controversy. Over eight percent accepted the offer.
The injunction orders are valid until the verdict is announced after the trial.
(sfe)
