After the preliminary injunction against Automattic and Matt Mullenweg the other day ordered them to remove a checkbox preventing “WP Engine and their affiliates” from logging into the WordPress.org website, that login screen now looks like this:
Is this contempt from WordPress.org (Matt Mullenweg’s personal website) towards the California Court?
Well, it’s certainly risky. This is exactly the type of checkbox that could trigger contempt of court concerns if introduced after an injunction.
Why This Is Risky:
- Frivolous Nature: The checkbox stating “Pineapple is delicious on pizza” has no legitimate purpose related to the login process. This can be perceived as undermining or mocking the court’s order.
- Circumventing the Spirit of the Injunction: Even though the checkbox is different from the one ordered removed, it still imposes an unnecessary condition for users (including the competitor) to proceed.
- Targeting the Competitor: If this checkbox deters the competitor from agreeing (especially for reputational or ideological reasons), it could be seen as another barrier to access.
- Potential Mockery: Courts take a dim view of attempts to ridicule or subvert their authority. The playful or humorous nature of this checkbox could aggravate the judge’s perception of bad faith.