WP Engine escalated its Federal criticism by citing Automattic’s publication of the WP Engine Tracker website as proof of intent to hurt WP Engine and exposing prospects to potential cybercrimes. The up to date criticism incorporates current actions by Mullenweg to additional strengthen their case.
A spokesperson for WP Engine issued an announcement to Search Engine Journal concerning the WP Engine Tracker web site:
“Automattic’s wrongful and reckless publication of buyer’s info with out their consent underscores why we’ve moved for a preliminary injunction. WP Engine has requested the quick takedown of this info and appears ahead to the November twenty sixth listening to on the injunction.”
Authorized Criticism Amended With Extra Proof
WP Engine (WPE) filed a criticism in Federal courtroom searching for a preliminary injunction to forestall Matt Mullenweg and Automattic from persevering with actions that hurt WPE’s enterprise and their relationships with their prospects. That criticism was amended with additional particulars to assist their allegations in opposition to Mullenweg and Automattic.
The authorized criticism begins by stating in common phrases what provides rise to their declare:
“This can be a case about abuse of energy, extortion, and greed.”
It then grows progressively particular by introducing proof of how Automattic and Mullenweg proceed their “unhealthy acts unabated” for the aim of harming WP Engine (WPE).
The amended declare provides the next, quoting Mullenweg himself:
“Since then, Defendants have continued to escalate their struggle, unleashing a marketing campaign to steal WPE’s software program, prospects and workers. Certainly, simply days in the past, Defendants had been unambiguous about their future plans:”
That is the assertion Mullenweg made that’s quoted within the amended criticism:
“[S]ince this began [with WPE] they’ve had uh, we estimate tens of 1000’s of consumers go away. . . . So, um you realize, I believe over the following few weeks, they’re really gonna lose way over 8% of their enterprise . . . we’re at struggle with them. We’re . . . going to go brick by brick and take . . . take each single certainly one of their prospects . . . in the event that they weren’t round guess what? . . . We’d fortunately have these prospects, and actually we’re getting loads of them.”
WP Engine Tracker Web site Used As Proof
Automattic not too long ago created an internet site on the WordPressEngineTracker.com area referred to as WP Engine Tracker that encourages WordPress Engine prospects to go away, providing hyperlinks to promotions that provide reductions and promise a easy transition to different net hosts.
WPE states that the WP Engine Tracker web site is a part of a marketing campaign to encourage WPE prospects to desert it, writing:
“Defendants additionally created a webpage at wordpress.org providing “Promotions and Coupons” to persuade WPE prospects to cease doing enterprise with WPE and swap over to Automattic’s competitor internet hosting firms like wordpress.com and Pressable; they later added hyperlinks to different rivals as properly.”
The WordPress Engine Tracker web site calls consideration to the variety of websites which have deserted WP Engine (WPE) since Matt Mullenweg’s September twenty first public denunciation of WP Engine and the beginning of his “nuclear” struggle in opposition to the online host. The amended Federal lawsuit factors to the September twenty first date listed on that website as further proof tying Automattic to a marketing campaign to hurt WP Engine’s enterprise.
The authorized doc explains:
“Simply final week, in an obvious effort to brag about how profitable they’ve been in harming WPE, Defendants created an internet site—www.wordpressenginetracker.com—that “record[s] . . . each area hosted by @wpengine, which you’ll be able to see decline on daily basis. 15,080 websites have left already since September twenty first.
September 21 was not chosen randomly. It’s the day after Defendants’ self-proclaimed nuclear struggle started – an admission that these buyer losses had been attributable to Defendants’ wrongful actions. On this extraordinary assault on WPE and its prospects, Defendants included on their disparaging web site a downloadable file of ‘all [WPE] websites prepared for a brand new dwelling’—that’s, WPE’s buyer record, actually inviting others to focus on and poach WPE’s purchasers whereas Defendants’ assaults on WPE continued..”
The aim of the above allegations are to construct as a lot proof that lend credence to WP Engine’s declare that Automattic is actively attempting to trigger hurt WP Engine’s enterprise.
WPE Accuses Automattic Of Further Harms
One other new allegation in opposition to Automattic is that the spreadsheet supplied for obtain on the WP Engine Tracker web site consists of delicate info that isn’t publicly out there and will trigger direct hurt to WPE prospects.
The amended Federal lawsuit explains:
“Worse, this downloadable file incorporates non-public info concerning WPE’s prospects’ domains, together with improvement, take a look at, and pre-production servers—lots of which aren’t supposed to be accessed publicly and include delicate or non-public info. Many of those servers are deliberately not listed or in any other case included in public search outcomes as a result of the servers will not be secure, safe or production-ready and never supposed to be accessed by most of the people.
By disclosing this info to most of the people, Defendants put these improvement, take a look at, and pre-production domains in danger for hacking and unauthorized entry.”
WP Engine Tracker Web site Half Of A Bigger Technique
WPE’s amended criticism alleges that the WP Engine Tracker website is one half of a bigger technique to trigger hurt to WP Engine’s enterprise that features encouraging WPE workers to resign. The authorized doc provides new info of how the WP Engine Tracker web site is only one half of a bigger technique to hurt WPE’s enterprise.
The up to date doc provides the next new allegations as proof of WPE’s claims:
“Not content material with interfering with WPE’s buyer relations, Automattic has not too long ago escalated its techniques by actively recruiting lots of of WPE workers, in an obvious effort to weaken WPE by sowing doubts concerning the firm’s future and engaging WPE’s workers to hitch Automattic:”
The doc features a screenshot of an electronic mail solicitation apparently despatched to an worker that encourages them to hitch Automattic.
Screenshot Of Proof Offered In Amended Criticism
Escalation Of Federal Criticism
WP Engine’s amended criticism in opposition to Mullenweg and Automattic invokes the Sherman Act (prohibiting monopolization to take care of a aggressive market), the Lanham Act (governing emblems, false promoting, and unfair competitors), and the Laptop Fraud and Abuse Act (addressing unauthorized laptop entry and cybercrimes). The amendments tie current actions by Mullenweg and Automattic—such because the creation of the WP Engine Tracker web site—on to their claims, turning Mullenweg’s assaults on WP Engine into proof.
Learn the amended Federal criticism right here: (PDF).
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