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Judge Grants WP Engine Injunction, Orders Mullenweg to Reinstate WordPress.org Access

Automattic and Mullenweg have 72 hours to restore WP Engine and its employees’ access to WordPress.org and return the ACF plugin to WP Engine.

WP Engine has won a preliminary injunction against Automattic and its CEO, Matt Mullenweg. Earlier today, United States District Court Judge Araceli Martínez-Olguín ordered Automattic to stop blocking WP Engine’s access to WordPress.org and interfering with its plugins.

WP Engine filed its original lawsuit on October 2, alleging trademark abuse, attempted extortion, and anti-competitive practices. The suit followed Mullenweg’s keynote address at WordCamp US 2024, where he accused WP Engine of profiting from WordPress without contributing enough back. He also criticized the company’s private equity backer, Silver Lake, and its Managing Director, Lee Wittlinger.

Following the WordCamp, Automattic accused WP Engine of trademark infringement, and Mullenweg launched a public campaign against the rival hosting company. Actions escalated when Automattic blocked WP Engine from WordPress.org’s servers and took control of the free version of WP Engine’s ACF plugin. In November, WP Engine expanded its lawsuit to include antitrust allegations.

The preliminary injunction largely reflects a proposed order WP Engine submitted to the court on December 2, following an initial hearing in the case on November 26. Automattic and WP Engine filed “dueling” proposed orders after failing to reach an agreement.

Judge Martínez-Olguín’s order directs Automattic and Mullenweg to cease:

(a) blocking, disabling, or interfering with WPEngine’s and/or its employees’, users’, customers’, or partners’ (hereinafter “WPEngine and Related Entities”) access to wordpress.org;

(b) interfering with WPEngine’s control over, or access to, plugins or extensions (and their respective directory listings) hosted on wordpress.org that were developed, published, or maintained by WPEngine, including those that had been published, developed, or maintained by WPEngine as of September 20, 2024; and

(c) interfering with WPEngine’s and Related Entities’ WordPress installations (i.e., websites built with WordPress software) by using auto-migrate or auto-update commands to delete, overwrite, disable, or modify any WPEngine plugin without the express request by or consent of WPEngine and/or its users, customers, or partners (as applicable).

Automattic and Mullenweg have 72 hours to restore WP Engine and its employees’ access to WordPress.org, remove the domains.csv file from the WP Engine Tracker website, remove the login checkbox at WordPress.org, and return the ACF plugin to WP Engine.

The preliminary injunction does not cover the SCF plugin that forked ACF Pro, which was uploaded to WordPress.org after WP Engine filed its preliminary injunction motion.

Judge Martínez-Olguín found that WP Engine had satisfied the legal standard required for a preliminary injunction, demonstrating that it was likely to succeed on the merits of its case, likely to suffer irreparable harm without relief, that the balance of equities tipped in its favor, and that an injunction was in the public interest.

The judge found merit in WP Engine’s claims that Automattic had intentionally interfered with its business relationships, citing Mullenweg’s public comments on social media and Slack as evidence of conduct “designed to induce breach or disruption.”

“Defendants’ argument that the interference WP Engine alleges consists of acts they had a right to take fares no better. They insist that Mullenweg was under no obligation to provide WP Engine access to some or all of the sources on the [WordPress.org] Website, and that ‘he had a right, under the Website’s developer guidelines… to fork the ACF plugin as he did, including to address outstanding issues.’ The case Defendants rely on for this argument is inapposite,” the order states.

Judge Martínez-Olguín also found that WP Engine had demonstrated irreparable harm, rejecting Automattic’s claims that the harm was either unsupported or self-inflicted.

“While Defendants characterize WP Engine’s harm as self-imposed because it built its business around a website ‘that it had no contractual right to use…’ Defendants’ role in helping that harm materialize through their recent targeted actions toward WP Engine, and no other competitor, cannot be ignored,” the order states.

Judge Martínez-Olguín acknowledged the public consequences of withholding injunctive relief were “significant,” noting that over 40% of all websites run on WordPress.

“Those who have relied on WordPress’s stability, and the continuity of support from for-fee service providers who have built businesses around WordPress, should not have to suffer the uncertainty, losses, and increased costs of doing business attendant to the parties’ current dispute. Defendants’ arguments in opposition do not persuade otherwise,” the order states.

Judge Martínez-Olguín declined Automattic’s request for a $1.6 million bond, siding with WP Engine’s argument that reverting to “business as usual” as of September 20 would not harm Automattic or Mullenweg. Her order also notes that Mullenweg has been operating WordPress.org for free for many years and continues to operate it for free for everyone other than WP Engine.

A spokesperson for WP Engine told The Repository: “We are grateful that the court has granted our motion for a preliminary injunction. The order will bring back much-needed stability to the WordPress ecosystem. WP Engine is focused on serving our partners and customers and working with the community to find ways to ensure a vigorous and thriving WordPress community.”

Responding to a request for comment, an Automattic’s spokesperson pointed to a statement the company posted on X: “Today’s ruling is a preliminary order designed to maintain the status quo. It was made without the benefit of discovery, our motion to dismiss, or the counterclaims we will be filing against WP Engine shortly. We look forward to prevailing at trial as we continue to protect the open source ecosystem during full-fact discovery and a full review of the merits.”

The prelimininary injunction will remain in effect until a judgement in the case following an expected trial.

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One response to “Judge Grants WP Engine Injunction, Orders Mullenweg to Reinstate WordPress.org Access”

  1. Company statements on X are worthless. 😛

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