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The Legal Battle Between WordPress and WP Engine: What You Need to Know

wordpress hosting, design and development

The WordPress ecosystem, which powers around 40% of the internet, is currently witnessing a legal showdown between its founder, Matt Mullenweg, and WP Engine, one of the most popular WordPress hosting providers. At the heart of this dispute is the use of the WordPress trademark and issues related to the open-source nature of the platform.

Apache Interactive has been a long time agency partner of WP Engine due to their excellent customer service, daily backups, convenient development areas that are simple to launch and easy to maintain.

Origins of the Dispute

In mid-September, Matt Mullenweg, the CEO of Automattic and co-founder of WordPress, ignited controversy when he described WP Engine as a “cancer to WordPress” in a blog post. He criticized the hosting provider for disabling the ability for users to track revision histories by default, a feature he believes is crucial for protecting user data. According to Mullenweg, WP Engine made this decision to cut costs, and he argued that this action undermines the fundamental principles of WordPress.

Further complicating matters, Mullenweg accused WP Engine’s investor, Silver Lake, of failing to contribute to the open-source project and suggested that the use of “WP” in WP Engine’s branding misled users into thinking it was part of WordPress itself.

Legal Action and Cease-and-Desist Letters

The tension quickly escalated, and WP Engine responded by issuing a cease-and-desist letter to Mullenweg and Automattic, demanding that the comments be retracted. WP Engine claimed that its use of the WordPress trademark was fair and legal and accused Mullenweg of threatening a “scorched earth nuclear approach” unless they paid a licensing fee for using the WordPress trademark.

Automattic, in turn, sent its own cease-and-desist letter, accusing WP Engine of violating trademark usage rules related to WordPress and WooCommerce. The WordPress Foundation updated its Trademark Policy, specifically calling out WP Engine for confusing users by using the “WP” abbreviation in a way that implied an official association with WordPress.

Community Impact and Trademark Concerns

In response to the dispute, Mullenweg took the drastic step of blocking WP Engine from accessing resources from WordPress.org, effectively preventing the hosting provider from allowing its customers to update plugins and themes through WordPress’s core system. This action disrupted many websites and left some vulnerable to security risks, drawing criticism from the broader WordPress community. Many felt that small website owners, in particular, were being unfairly caught in the crossfire.

WP Engine condemned the move, stating that Mullenweg was using his influence to interfere with their customers’ ability to maintain their sites. On September 27, WordPress.org lifted the ban temporarily, giving WP Engine until October 1 to regain access.

Ongoing Trademark Issues and Community Concerns

At the core of this conflict is a broader debate about trademark usage and how it impacts the open-source community. The WordPress Foundation has filed to trademark terms like “Managed WordPress” and “Hosted WordPress,” sparking concerns among developers and service providers that these trademarks could be used against them in the future.

Critics, such as John O’Nolan, founder of the open-source CMS Ghost, have voiced their disapproval of the increasing control that Automattic and Mullenweg have over WordPress. O’Nolan argued that no single individual should control 40% of the web, calling for more diversity in content management systems.

WP Engine’s Response and Future

By the end of September, WP Engine adjusted its website to clarify that it is not affiliated with WordPress or the WordPress Foundation, while also changing product names to eliminate references to “WordPress.” The company remains firm in its belief that it does not need a license to use the WordPress trademark and has launched its own solution to handle plugin and theme updates for its customers.

Apache Interactive Clients: No Need to Worry

For our clients at Apache Interactive, there’s no cause for concern. Despite the ongoing dispute between WordPress and WP Engine, Apache Interactive remains fully capable of updating plugins and themes manually for all websites hosted on WP Engine. WP Engine’s powerful infrastructure and excellent backup systems continue to function as expected, and our partnership with them ensures that your websites remain secure and operational.

This legal battle, while significant, does not impact our ability to maintain and support your WordPress websites. We have complete control of manual plugin updates and nothing will impact our clients as these two leaders of the WordPress world sort things out. If you have any questions about your site’s hosting, feel free to contact Apache Interactive directly.

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