Rails - Mar 2014 - trouble with install of 2.3.9 due to rake requires version of ruby > 1.9

hey all

i am trying to install rails into a new computer with rvm.

i have installed ruby 1.8.7 
and rubygems 1.3.7 --force 

these are both versions that i must have to run my website.
the problem is that when i try to install rails with* gem install --version 
2.3.9 rails*


i get the following error.

*ERROR:  Error installing rails:*
* rake requires Ruby version >= 1.9.*

It's nuts, i have followed this exact procedure before, and it installed 
just fine. 
in fact, my website is now running with 1.8.7 ruby, 2.3.9 rails, and with 
rubygems 1.3.7

any tips on how to get around this would be greatly appreciated.

thanks

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