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Bundler Belongs to the Ruby Community

andre.arko.net

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Re: Bundler Belongs to the Ruby Community

#41

Post by skywhopper »

jillesvangurp wrote: post #11
mijoharas wrote: post #2

Interesting. > I have registered my existing trademark on the Bundler project. As all of this was happening I had wondered if there was going to be some kind of copyright dispute, but I guess it's gonna be trademark based. Does anyone have any insights into how this might play out? How do trademark disputes tend to happen? (I assume this is in the US?)

After fifteen years of not enforcing the trademark, a common legal interpretation in case of a conflict would be to consider the trademark genericized or abandoned. Which means any trademark owners apparently were not interested in enforcing their trademarks and effectively abandoned their rights. Of course this is not guaranteed and just a common interpretation of trademark law by judges in trademark related cases.…

There can only be “nonenforcement” if there was someone using the “Bundler” name without permission that went ignored. You can’t enforce something that isn’t being violated. And unless I missed something, that never happened until RubyCentral pulled this takeover.

Re: Bundler Belongs to the Ruby Community

#42

Post by skywhopper »

testdelacc1 wrote: post #12

I sympathise with the author, I really do. He’s obviously put in 15 years of work on this, and he’s engaging in a thoughtful, kind manner. The action on the trademark he’s taking is measured, and necessary. But I don’t know if I agree with the title. It says bundler belongs to the ruby community. It should, certainly. But right now it belongs to the rich people who fund the work on Ruby and Rails. That’s DHH and Lutk…

No, the point is that it doesn't belong to them. They can’t just wrest control of a GitHub repo and claim they own it.

Re: Bundler Belongs to the Ruby Community

#43

Post by joeldrapper »

eowyn wrote: post #9
colinbartlett wrote: post #5

Has there been any attempt from Ruby Central to undo the damage they caused? Can anyone comment on the current state of affairs?

I think this was the last statement from Ruby Central: https://youtu.be/VyCiE3GjQps?si=QgY1sa_w-59jJjQ3 This topic seems to be in a holding pattern now. People are waiting to see how Ruby Central responds. Some are hoping for the Q&A to be rescheduled or at least another statement

I also fact checked that video here. https://joel.drapper.me/p/ruby-central-fact-check/

Re: Bundler Belongs to the Ruby Community

#44

Post by mikeg8 »

sc68cal wrote: post #33
bdcravens wrote: post #22

I realize this will come off as snide, and result in downvotes, but looking to the success of Ruby and Rails today, the "community" is as much the money that's been poured into the ecosystem as it is the warm fuzzies and volunteers. Without the millions of dollars companies like Heroku, Shopify, Basecamp, Github, 37 Signals, and others have spent in terms of money and developer-hours, the projects we know and love wo…

> Heroku, Shopify, Basecamp, Github, 37 Signals, and others have spent in terms of money and developer-hours Companies are legal fictions that we allow to exist. The _people_ are the ones who did the development, management, and all the other things that had to be done. The companies may have _paid their salaries to do so_ but there are plenty of open source communities that exist without the direct funding of work.

This splitting of hairs between the legal entities and the work of their paid teams/employees isn’t adding strength to your argument. Companies are run by people and those people get to make decisions on the allocation of resources. If they decided to put substantial resources into OSS, the company does get to claim credit there.

> there are plenty of open source communities that exist without the direct funding of work.

Great! Maybe the Ruby community can strive for this in the future but it does not reflect the OPs point that these companies and their outsized contributions via time and money are still core to the existing community we have today.

Re: Bundler Belongs to the Ruby Community

#45

Post by mikeg8 »

bdcravens wrote: post #29
dbalatero wrote: post #24

Earlier quoted context omitted.

I can't tell what point you're trying to make here?

That dismissing the concerns of organizations, big and small, that have contributed to Ruby's success is intellectually dishonest.

I think you are spot on here, although many may not like to acknowledge it.

Re: Bundler Belongs to the Ruby Community

#47

Post by loloquwowndueo »

pavel_lishin wrote: post #17
eowyn wrote: post #9

Earlier quoted context omitted.

I think this was the last statement from Ruby Central: https://youtu.be/VyCiE3GjQps?si=QgY1sa_w-59jJjQ3 This topic seems to be in a holding pattern now. People are waiting to see how Ruby Central responds. Some are hoping for the Q&A to be rescheduled or at least another statement

In this, the year of someone's lord 2025, surely there's a non-video version, right?

The YouTube video may have a transcript.

Re: Bundler Belongs to the Ruby Community

#48

Post by rexpop »

bdcravens wrote: post #22

I realize this will come off as snide, and result in downvotes, but looking to the success of Ruby and Rails today, the "community" is as much the money that's been poured into the ecosystem as it is the warm fuzzies and volunteers. Without the millions of dollars companies like Heroku, Shopify, Basecamp, Github, 37 Signals, and others have spent in terms of money and developer-hours, the projects we know and love wo…

I'm sure the developer community would have spent the money if we'd had it, but unfortunately ROI has not trickled down quite so far as promised.

Re: Bundler Belongs to the Ruby Community

#49

Post by Aeolun »

jmuguy wrote: post #7
colinbartlett wrote: post #5

Has there been any attempt from Ruby Central to undo the damage they caused? Can anyone comment on the current state of affairs?

Still waiting for them to reschedule the Zoom call they were going to do with the community.... something tells me we'll be waiting for a while.

This makes sense, since there won’t be a community left to have a call with if they don’t get their shit together.

Re: Bundler Belongs to the Ruby Community

#50

Post by mijoharas »

joeldrapper wrote: post #43
eowyn wrote: post #9

Earlier quoted context omitted.

I think this was the last statement from Ruby Central: https://youtu.be/VyCiE3GjQps?si=QgY1sa_w-59jJjQ3 This topic seems to be in a holding pattern now. People are waiting to see how Ruby Central responds. Some are hoping for the Q&A to be rescheduled or at least another statement

I also fact checked that video here. https://joel.drapper.me/p/ruby-central-fact-check/

> I know for a fact that Ruby Central knew that it had no right to take over the RubyGems open source properties. I know this from speaking to the people involved and I have video evidence that Ruby Central knew.

Wow.

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