The latest on the WordPress fight over trademarks and open source

WordPress cofounder Matt Mullenweg and his company Automattic have asked a court to dismiss WP Engine’s lawsuit accusing them of libel and extortion. In a filing on Wednesday, Mullenweg argues that WP Engine is conjuring claims “out of legal thin air,” while alleging it continues to use the WordPress trademark “in unauthorized ways.”

Earlier this month, the third-party WordPress hosting service WP Engine filed a lawsuit against Automattic and Mullenweg after the executive embarked on a “scorched earth nuclear” campaign against it. In addition to accusing WP Engine of trademark infringement, Mullenweg claimed the service doesn’t contribute enough to the open-source WordPress.org project, which Mullenweg also controls. WordPress.org also cut off WP Engine’s access to its resources and later took over one of its most popular plugins.

WP Engine is asking a court to put a stop to Automattic CEO Matt Mullenweg’s public campaign against the company. In a motion for a preliminary injunction filed against Automattic and Mullenweg on Friday, the third-party hosting platform requests that the court restore its access to WordPress resources and allow it to regain control of its plugin that had been taken over.

In the filing, WP Engine claims it’s facing “multiple forms of immediate irreparable harm” as a result of Mullenweg and Automattic’s actions, including “loss of customers, market share and goodwill.” The company also says it saw a 14 percent increase in cancellation requests from September 26th to the 30th — just days after Mullenweg called WP Engine a “cancer” to the WordPress community.

Automattic CEO Matt Mullenweg offered a second buyout round to employees who don’t agree with his actions, according to a report from 404 Media. In a message to employees seen by the outlet, Mullenweg gave employees until October 17th to decide whether they would resign in exchange for nine months of pay.

“New alignment offer: I guess some people were sad they missed the last window. Some have been leaking to the press and ex-employees,” Mullenweg wrote in the message seen by 404 Media. “You have until 00:00 UTC Oct 17 (-4 hours) to DM me the words, ‘I resign and would like to take the 9-month buy-out offer’ You don’t have to say any reason, or anything else. I will reply ‘Thank you.’ Automattic will accept your resignation.”

WordPress.org has taken over a popular WP Engine plugin in order “to remove commercial upsells and fix a security problem,” WordPress cofounder and Automattic CEO Matt Mullenweg announced today. This “minimal” update, which he labels a fork of the Advanced Custom Fields (ACF) plugin, is now called “Secure Custom Fields.”

It’s not clear what security problem Mullenweg is referring to in the post. He writes that he’s “invoking point 18 of the plugin directory guidelines,” in which the WordPress team reserves several rights, including removing a plugin, or changing it “without developer consent.” Mullenweg explains that the move has to do with WP Engine’s recently-filed lawsuit against him and Automattic.

Over the past several weeks, WordPress cofounder Matt Mullenweg has made one thing exceedingly clear: he’s in charge of WordPress’ future.

Mullenweg heads up WordPress.com and its parent company, Automattic. He owns the WordPress.org project, and he even leads the nonprofit foundation that controls the WordPress trademark. To the outside observer, these might appear to be independent organizations, all separately designed around the WordPress open-source project. But as he wages a battle against WP Engine, a third-party WordPress hosting service, Mullenweg has muddied the boundaries between three essential entities that lead a sprawling ecosystem powering almost half of the web.

Automattic CEO Matt Mullenweg offered employees $30,000, or six months of salary (whichever is higher), to leave the company if they didn’t agree with his battle against WP Engine. In an update on Thursday night, Mullenweg said 159 people, making up 8.4 percent of the company, took the offer.

Automattic, which is in charge of WordPress.com and its commercial services, has been involved in a public dispute with WP Engine after Mullenweg called the third-party hosting service a “cancer” to the WordPress community and banned it from accessing WordPress.org.

The WP Engine web hosting service is suing WordPress co-founder Matt Mullenweg and Automattic for alleged libel and attempted extortion, following a public spat over the WordPress trademark and open-source project. In the federal lawsuit filed on Wednesday, WP Engine accuses both Automattic and its CEO Mullenweg of “abuse of power, extortion, and greed,” and said it seeks to prevent them from inflicting further harm against WP Engine and the WordPress community.

WP Engine is a major rival to WordPress.com, with more than 200,000 websites using the service. Mullenweg runs Automattic, which owns WordPress.com, a company that sells a hosted version of the open-source WordPress software — just like WP Engine.

Automattic, the parent company of WordPress.com, asked rival hosting service WP Engine to hand over 8 percent of its revenue each month before igniting a very public battle over what you can and can’t do with an open-source project.

On Wednesday, Automattic published the proposed deal that it sent to WP Engine on September 20th. The proposal lays out a seven-year agreement that gives WP Engine the right to use the WordPress trademark in exchange for a hefty payment. The 8 percent cut could either be paid as a royalty fee to Automattic or as salaries for WP Engine employees who would contribute to the WordPress.org open-source project.

WordPress is essentially internet infrastructure. It’s widely used, generally stable, and doesn’t tend to generate many splashy headlines as a result.

But over the last week, the WordPress community has swept up into a battle over the ethos of the platform. Last week, WordPress cofounder Matt Mullenweg came out with a harsh attack on WP Engine, a major WordPress hosting provider, calling the company a “cancer” to the community. The statement has cracked open a public debate surrounding how profit-driven companies can and can’t use open-source software — and if they’re obligated to contribute something to the projects they use in return.