“Just last week, in an apparent effort to brag about how successful they have been in harming WPE, Defendants created a website—www.wordpressenginetracker.com—that “list[s] . . . every domain hosted by @wpengine, which you can see decline every day. 15,080 sites have left already since September 21st.
September 21 was not selected randomly. It is the day after Defendants’ self-proclaimed nuclear war began – an admission that these customer losses were caused by Defendants’ wrongful actions. In this extraordinary attack on WPE and its customers, Defendants included on their disparaging website a downloadable file of ‘all [WPE] sites ready for a new home’—that is, WPE’s customer list, literally inviting others to target and poach WPE’s clients while Defendants’ attacks on WPE continued..”
The purpose of the above allegations are to build as much evidence that lend credence to WP Engine’s claim that Automattic is actively trying to cause harm WP Engine’s business.
WPE Accuses Automattic Of Additional Harms
Another new allegation against Automattic is that the spreadsheet offered for download on the WP Engine Tracker website includes sensitive information that is not publicly available and could cause direct harm to WPE customers.
The amended Federal lawsuit explains:
“Worse, this downloadable file contains private information regarding WPE’s customers’ domain names, including development, test, and pre-production servers—many of which are not intended to be accessed publicly and contain sensitive or private information. Many of these servers are intentionally not indexed or otherwise included in public search results because the servers are not safe, secure or production-ready and not intended to be accessed by the general public.
By disclosing this information to the general public, Defendants put these development, test, and pre-production domains at risk for hacking and unauthorized access.”
WP Engine Tracker Site Part Of A Larger Strategy
WPE’s amended complaint alleges that the WP Engine Tracker site is one part of a larger strategy to cause harm to WP Engine’s business that includes encouraging WPE employees to resign. The legal document adds new information of how the WP Engine Tracker website is just one part of a larger strategy to harm WPE’s business.
The updated document adds the following new allegations as evidence of WPE’s claims:
“Not content with interfering with WPE’s customer relations, Automattic has recently escalated its tactics by actively recruiting hundreds of WPE employees, in an apparent effort to weaken WPE by sowing doubts about the company’s future and enticing WPE’s employees to join Automattic:”
The document includes a screenshot of an email solicitation apparently sent to an employee that encourages them to join Automattic.
Screenshot Of Evidence Presented In Amended Complaint
Escalation Of Federal Complaint
WP Engine’s amended complaint against Mullenweg and Automattic invokes the Sherman Act (prohibiting monopolization to maintain a competitive marketplace), the Lanham Act (governing trademarks, false advertising, and unfair competition), and the Computer Fraud and Abuse Act (addressing unauthorized computer access and cybercrimes). The amendments tie recent actions by Mullenweg and Automattic—such as the creation of the WP Engine Tracker website—directly to their claims, turning Mullenweg’s attacks on WP Engine into evidence.
Read the amended Federal complaint here: (PDF).
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