WP Engine C&D alleges ‘threats of coercion’ Author: Mullenweg

WP Engine has sent a cease and desist letter to Matt Mullenweg, demanding that he stop making “false, misleading, and derogatory statements” and stop using his position at WordPress.org to benefit his for-profit company Automattic. The letter denies Mullenweg’s public accusations and outlines his demands for tens of millions of dollars to avoid a “nuclear approach” to WP Engine.

A screenshot of a text message from Mullenweg reads:

If you say “next week” then you’re saying “no” so I’ll continue with the scorched earth approach to WPE using nuclear power

Thank you for the clarity, it gives me time to work on some things and refine my message.

WP Engine Discontinuance and Cessation

Matt Mullenweg, co-founder of WordPress and CEO of Automattic, posted on Reddit and Slack that WordPress had initiated legal proceedings against WordPress and himself. It was later revealed that WP Engine had actually filed a cease and desist (C&D) motion.

The C&D document, sent to Automattic’s Chief Legal Officer, documents what it believes are false facts, provides a timeline of events, and refutes Mullenweg’s allegations, accusations, and statements.

WP Engine has four key requirements:

1. Stop spreading false information about WP Engine.
2. Stop interfering with WP Engine’s contractual relationships with its employees.
3. Stop Interfering in WP Engine’s Contractual Relationships with Customers
4. Keep all potentially important documents and data.

Mullenweg charged with serious misconduct

Automattic is accused of “serious violations” against WP Engine, and its version of events is presented, including Mullenweg’s threat to take a “scorched earth, nuclear weapons approach” to WP Engine if the company refuses to hand over tens of millions of dollars in cash to Automattic by 4:30 p.m.

According to the legal document, when the contract deadline was missed, Mullenweg made derogatory remarks about WP Engine publicly in front of the public, on YouTube, and in blog posts on the nonprofit website WordPress.org.

The C&D letter alleged:

“…Mr. Mullenweg’s words and actions threaten to – and appear to be intended to – harm WP Engine’s business and reputation within and outside the WordPress community, and unlawfully interfere with WP Engine’s contractual relationship with its employees.
and customers.

Indeed, some WP Engine customers and community members have already expressed a desire to discontinue their business with WP Engine due to Mr. Mullenweg’s misconduct…”

Accusations shared on virtually all WordPress site admin panels

Mullenweg’s posts were shared with millions of WordPress publishers around the world via links displayed in the admin panels of each WordPress site.

Screenshot of WordPress admin panel

Accused of abusing a privileged position of power

C&D WP Engine accuses Mullenweg of abusing his unique position as CEO of a competing company (Automattic, Inc.) and director of the nonprofit WordPress.org, which produces the open-source WordPress content management system.

The document stated:

“Mr. Mullenweg’s statements also reflect a clear abuse of his conflicting roles as (1) director of the nonprofit WordPress Foundation and (2) CEO of at least two for-profit companies that compete with WP Engine.

…Mr. Mullenweg’s covert demand that WP Engine donate tens of millions to his for-profit company Automattic, while publicly masquerading as an altruistic defender of the WordPress community, is shameful.”

List of disparaging remarks about WP Engine

The WP Engine C&D documentation includes all of Mullenweg’s notes:

• Encouraging WordPress Users to Move Away from WP Engine
• Suggesting that WP Engine retaliates against its employees
• WP Engine Accused of Misuse of Trademarks
• Accusing WP Engine Investors of Lack of Interest in Open Source Software
• Suggesting that WP Engine may retaliate against its own employees

WP Engine C&D refutes all of Mullenweg’s allegations, discussing each case point by point.

Among the ripostes:

Refuting the accusation that WP Engine contributes little

“Even taking into account Mr. Mullenweg’s erroneous statement that contributions are based solely on hours worked and contributors to Five for the Future, Mr. Mullenweg falsely stated that WP Engine fails on this metric. In fact, WP Engine ranks 30th out of 189 in hours worked and 16th out of 189 in contributors, significantly outpacing many other contributors in terms of our revenue.”

Repelling trademark abuse

“WP Engine’s use of the name “WP” is expressly permitted by the WordPress Foundation’s trademark policy:

The “WP” shortcode is not trademarked by WordPress, and you are free to use it in any way you see fit.

Moreover, WP Engine’s use of the WordPress mark is fully consistent with applicable trademark law. For over a decade, WP Engine has used the term to describe its services, as have other members of the WordPress ecosystem.”

Speculations about WP Engine retaliation

“This is not only false and unsubstantiated – it is also absurd.”

What’s next?

The next move seems to be up to Mullenweg. Many in the WordPress community have already expressed shock at what Mullenweg has done, with some on Reddit calling for Mullenweg to step down.

Screenshot of Mullenweg’s call for resignation

Read the official cease and desist statement here (PDF).

Featured image by Shutterstock/Roman Samborskyi