The document didn't mention a lawsuit and I was just responding to the above comment with only the context of the postmortem and pointing out that this particular article didn't claim anything illegal happened. You and some others here might have much more context that I or other readers of this postmortem don't have.
I seem to remember there were some threats of legal action related to unauthorized access after this kerfuffle but I a) don't know what is going on with that, b) don't know what the law actually says about that and c) don't know if that is what you are referring to. If so, I think it is different than what the original comment alleged which was more about moonlighting/using proprietary information/competing. I think that topic is extremely complicated (e.g. I am not so sure moonlighting for a competitor while an employee is necessarily protected in California...) but that wasn't alleged in the postmortem anyway.
There is a lot of tension that the report seeks to either minimize or avoid. It’s also just really hard to express it in a report like this because there’s no real place for it if the goal is to look professional.
I think the RubyGems fiasco was a result of unresolved tensions. People chose not to be adults about and resolve the issues respectfully. IMHO, I think one of the main problems is that nobody was willing to spin up a core foundation to own critical infrastructure to the Ruby community which remains a problem.
I cannot find the blogposts I remember reading, but recall that there were some bad feelings about Ruby Together and Arko’s leadership of it before it was merged with Ruby Central. It appears these feelings never went away which is made very clear by the way that key Shopify engineers started posting after Ruby Central took over the RubyGems GitHub org [1].
Now combine this with dhh’s right-wing political posts and behavior, his extremely close relationship with the founder of Shopify (dhh is on the board of Shopify), a key Ruby Central donor pulling critical funding because he did not want his money going towards giving dhh more attention and you’re left with Ruby Central effectively being controlled by Shopify (which, as far as I can tell is still the situation) because that’s where all of its funding comes from now.
Frankly, the biggest thing this entire fiasco has shown me is that a lot of us are still a bunch of idiotic teenagers. Integrity and maturity is in short supply where it is needed the most.
[1] https://bsky.app/profile/rmfranca.bsky.social/post/3lz7alpob...
A couple of gentle corrections:
> The document didn't mention a lawsuit and I was just responding to the above comment with only the context of the postmortem and pointing out that this particular article didn't claim anything illegal happened.
You are correct that they did not make any claims, but the article did insinuate illegal behavior on the part of André and Samuel by selectively juxtaposing facts to imply wrongdoing without ever directly stating or saying that their behavior was illegal. For example:
1. André's first commit on RV is placed on the same bullet point as the Ruby Central-funded maintainer offsite, which implies Ruby Central's travel money subsidized a competing project's creation. 2. The `rubygems-github-backup` access token covering "all repos, including private repos" is introduced in the same timeline section as RV development, without any allegation it was used for RV. 3. The "Incident Lessons" section recommends adding an "Outside Business Activities" declaration policy, which only reads as a "lesson" if André's undisclosed side project is being framed as the problem in need of remediation. 4. The report states André "had intimate knowledge of the foundation roadmap" and "did not tell anyone in Ruby Central about this work until it launched". This frames nondisclosure of a lawful side project as a transgression. However, Ruby Central passed on this work, and even if they didn't, André has no obligation to tell Ruby Central about his work! 5. André's proposal to have his consultancy analyze RubyGems.org download logs is presented alongside an OSS Committee member raising PII and "reputational risk" concerns, casting a perfectly sensible rejected business proposal as something suspect.
By my count, Ruby Central makes roughly 10 insinuations throughout the report, but not once do they actually claim any of these constitute a transgression.
> I think that topic is extremely complicated (e.g. I am not so sure moonlighting for a competitor while an employee is necessarily protected in California...)
California is actually quite clear on this! Bus. & Prof. Code § 16600 voids non-compete agreements, and California courts have consistently read it broadly enough that working on a competing project during employment is protected. The line is whether you used your employer's proprietary information or resources to do it, not whether you competed. The report does not allege that Samuel or André used Ruby Central's proprietary information, and given how thoroughly they documented everything else, I'd expect them to have said so if they had evidence of it. Ruby Central is insinuating that working on RV in the first place is a problem, not that they crossed any legal or contractual line.