The court explained:
“Here, the public consequences of withholding injunctive relief are significant. Mullenweg himself acknowledges that ‘[t]oday, more than 40% of all websites run on WordPress.’
…Over two million websites run the ACF plugin Mullenweg allegedly tampered with, and those users rely on the stability of the plugin, and WordPress more broadly, to operate their websites, run their businesses, and go about their day online.
Moreover, the availability of WordPress as open-source software has created a sector for companies to operate at a profit. This includes Mullenweg’s own companies like Automattic and Pressable, and as Mullenweg himself acknowledged in 2017, it also includes WPEngine, which at the time, Mullenweg described as ‘the largest dedicated managed WP host…’
Those who have relied on the 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.
…Accordingly, the final Winter element – the public interest – weighs in favor of granting preliminary injunctive relief.”
E. Bond
Automattic and Mullenweg argued that WP Engine should be required file a bond of $1.6 million to ensure that they are compensated for potential costs and damages if it’s later found that the preliminary injunction was granted without sufficient basis.
The judge agreed with WP Engine’s argument that reverting to the status quo, to how things were on September 20th, would have no effect.
They wrote:
“WPEngine’s arguments are persuasive. …the Court finds that any harm to Defendants resulting from the issuance of preliminary injunctive relief is unlikely, as it merely requires them to revert to business as usual as of September 20, 2024. Accordingly, the Court declines to require WPEngine to post a bond.”
F. Scope Of Injunction
The court has ordered the defendants, their coworkers, and anyone helping them to stop doing the following things:
Preventing WP Engine, its employees, users, customers, or partners from accessing WordPress.org.
Disrupting WP Engine’s control over or access to plugins or extensions hosted on WordPress.org
Modifying WP Engine plugins on WordPress installations (websites built with WordPress software) through unauthorized auto-migrate or auto-update commands
The court ordered that the defendants take actions within 72 hours to address WP Engine’s claims and restore things to the way they were on September 20, 2024.
Delete the list of WP Engine customers from the WP Engine Tracker website and the GitHub repository.
Restore WP Engine employee login credentials to WordPress.org and login.wordpress.org.
Disable any “technological blocking” like IP blocking, that were set up around September 25, 2024.
Remove the checkbox added on October 8, 2024, at login.wordpress.org, which required users to confirm they were ‘not affiliated with WP Engine in any way, financially or otherwise.’
Restore WP Engine’s control over its Advanced Custom Fields (ACF) plugin directory listing to the way it was on September 20, 2024.
The injunction goes into effect immediately and will remain until the court issues a final judgment after the trial.
A Win For WP Engine And The WordPress Community
Many people agree with the principle that those who profit from WordPress should give back to it. However the overwhelming sentiment on social media has not been supportive of how Mullenweg’s actions against WP Engine. Today a judge agreed with WP Engine and issued a preliminary injunction in their favor.
Featured Image by Shutterstock/Brian A Jackson