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Going back on their word? Automattic shirked duty to keep WordPress free for everyone, lawsuit says Lawsuit: WordPress trademark fight put website owners in an impossible situation. Ashley Belanger Feb 26, 2025 3:44 pm | 0 Matt Mullenweg, Founder & CEO of Automattic. Credit: Kimberly White / Stringer | Getty Images Entertainment Matt Mullenweg, Founder & CEO of Automattic. Credit: Kimberly White / Stringer | Getty Images Entertainment Story textSizeSmallStandardLargeWidth *StandardWideLinksStandardOrange* Subscribers only Learn moreThe company behind WordPress, Automattic Inc., and its founder, Matt Mullenweg, continue to face backlash over a "nuclear war" started with WP Engine (WPE) that allegedly messed with maintenance and security of hundreds of thousands of websites.In a proposed class action lawsuit filed this weekend, a WPE customer, Ryan Keller, accused Automattic and Mullenweg of "deliberately abusing their power and control over the WordPress ecosystem to purposefully, deliberately, and repeatedly disrupt contracts"all due to a supposed trademark infringement claim. If granted, the class would include "all persons in the United States who had ongoing active WPE WordPress Web Hosting Plans on or before September 24, 2024 through December 10, 2024."WPE had previously sued Automattic and Mullenweg, alleging that the attack on WPE was actually an attempt to extort what Keller alleged was "tens of millions of dollars" in payments from WPE for using the WordPress trademark. Mullenweg made it clear that the value of the payments was "based on what he thought WPE could afford, rather than what the value of the trademark actually was," Keller's complaint alleged.Automattic's "poorly disguised attempt to extort WPE," Keller alleged, was lobbed "against the threat of making it virtually impossible for WPE (and its customers) to conduct its ordinary business."WordPress must remain free for all, lawsuit saysKeller runs a small business, Keller Holdings LLC, which has used WPE for more than a decade to manage its own website connected to the WordPress ecosystem, as well as to create websites for companies and individuals. He accused Automattic of intentionally putting him and allegedly hundreds of thousands of other WPE customers in an "impossible situation" by cutting off WPE's access to the WordPress ecosystem.WordPress software, Keller's complaint explained, "has long been promised to be free and available to everyone forever." This promise propelled WordPress' popularity to, by its own estimates, "encompass more than 40 percent of all websites in the world," his complaint said.In the 10 years Keller used WPE, he never had any issues accessing the WordPress ecosystem, and he thought WordPress had guaranteed that it would stay that wayespecially since WPE's use of the trademark appeared to be "expressly permitted on the WordPress foundation website."But in the past few years, WPE's business has substantially grown, Keller explained, attracting big customers like Yelp, Thompson-Reuters, and Dropbox, which otherwise may have paid WordPress for similar services.This seemingly frustrated Mullenweg, who accused WPE of abusing the WordPress trademark to charge customers for access to WordPress' free tools. The founder took the extraordinary step of blocking WPE's access to software updates and patches, security updates, and plugins last September. And although Automattic eventually allowed WPE three days to mirror certain data to fulfill its contracts with clients, access was permanently blocked after that, forcing WPE customers to waste time and resources finding workarounds or ways to migrate sites to new web platforms after WPE's mirroring proved faulty."Even if Defendants trademark case had merit (it likely does not), it does not excuse Defendants deliberate and vindictive targeting of Plaintiff and Classs contracts with WPE," Keller's complaint said, calling Automattic's reneging on its promise to always provide free access "an appalling deception."Automattic could harm the entire InternetFurther, Keller alleged that Automattic took steps to "poach" WPE customers.That effort included sending emails to WPE customers "claiming they could restore access to the website if the WPE customer left WPE" and posting a list calling out all of WPE's customers. Automattic also allegedly threatened WPE customers, required all WordPress users to tick a checkbox confirming they were unaffiliated with WPE to access resources, and "stole WPEs most popular plugin and renamed the author to give themselves credit for the product.""Defendants have made no secret that their intent is to induce Plaintiff and Class Members to leave WPE by degrading the services WPE provides to its paying customers," Keller's complaint alleged.In December, a US district judge in the lawsuit filed by WPE granted a preliminary injunction forcing Automattic to take down the list of WPE customers and stop blocking WPE customers from accessing the WordPress ecosystem. That injunction will remain in effect until WPE's trial concludes. While Automattic is currently pushing to dismiss the lawsuit, that case could drag on until 2027 if Automattic's proposed trial schedule is adopted.Keller is hoping a jury will agree that Automattic and Mullenweg had a duty to keep WordPress "free for everyone" but instead intentionally interfered with WPE's contracts and prospective business, as well as violated California's unfair competition law, to extort money out of WPE. He has asked the jury to award extensive damages, including punitive damages, as well as a permanent injunction ending Automattic's WPE meddling for good. He also wants Automattic and Mullenweg to forfeit any gains from allegedly poaching WPE's customers or disrupting its contracts.If not, his complaint warned that, not only would WPE customers be severely harmedstuck with costs and cybersecurity risks, while potentially losing clients or business as the WPE lawsuit drags onallegedly, the "entire Internet as a whole" could be harmed due to the "grave danger" that Automattic could continue withholding access to open source software any time a company doesn't cave to payment demands."Mullenweg profited greatly from the growth of open-source WordPress through his ownership of Automattic and WordPress.com," Keller's complaint said. "Withholding access to this open-source software pending personal payment to him and entities he controls is a betrayal of open-source principles."Ashley BelangerSenior Policy ReporterAshley BelangerSenior Policy Reporter Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience. 0 Comments