By their own admission, André is a contractor to Ruby Central. Contractors, especially under California law, have no contractual obligation of confidentiality to the other party unless there's a pre-existing agreement in place. They later admit in this "incident report" that they didn't have any legal agreements with André in place, so there's no basis for claiming André couldn't work on rv.
Samuel was an employee, not a contractor, but [California Bus. & Prof. Code § 16600](https://leginfo.legislature.ca.gov/faces/codes_displaySectio....) voids non-compete agreements—so even as an employee, he had every right to work on a competing project. There's no indication that he used Ruby Central's proprietary information to do so, and the report doesn't allege that. I have little doubt that if Samuel or André used proprietary information to develop rv, they would have already presented evidence of that.
Independent of the legalese, a "uv but for ruby" is a blindingly obvious thing to do, and Ruby Central doesn't get to lick the cookie and get upset when an independent contractor—Ruby Central's own characterization—does a thing they didn't fund.
My sourcing on this is that I run a 10-person business with employees in California. I'm not a lawyer, but I looked over enough of this paperwork that I feel confident opining on an internet forum.
My biggest takeaway from this is the intermingling of opensource work/foundations/companies and employees/contractors/volunteers needs to be incredibly explicit. It sounds like everyone had very different expectations about what this group of people was (ranging from an exclusive club of influential ruby developers to a very formal, business-like foundation) and, as a result, each other's actions seemed hostile/strange/confusing.
[1] I actually think the comments about the proposal of selling the user data does a disservice to the postmortem. I think it invokes a much more emotional reaction from the reader than anything else and, while potentially interesting, seems like dirty laundry that doesn't change the lesson the postmortem teaches.
riffraff•1h ago