> Legally, any fund that tracks the NASDAQ 100 must follow the rules set by NASDAQ

No? Contractually, maybe. But legally you can do whatever you want with index constructions.

lxgr 4 hours ago | parent | next [-]

Are indexes not covered by copyright, even if you don't mention the underlying data source by name?

If they are, you'd only get a license when accepting their terms.

	▲	JumpCrisscross 2 hours ago \| parent [-]
		> Are indexes not covered by copyright Index providers definitely own their trademarks. You can’t market an S&P index without paying S&P. But “the available authority indicates that copyright protection for indexes may extend to the index constituent lists but not index averages, and copyright preemption principles may limit misappropriation protection for indexes to a very narrow class of ‘hot news’ uses” [1]. > you'd only get a license when accepting their terms Sure. But plenty of indices allow for mixing and matching. The terms are designed to avoid confusion—you can’t use the term NASDAQ 100 if it isn’t exactly that. More broadly, there are tons of indices and benchmark portfolios. [1] https://www.blegalgroup.com/market-index-licensing-a-review-...

malfist 4 hours ago | parent | prev [-]

You might be surprised to learn that the stock markets are heavily regulated.

	▲	JumpCrisscross 2 hours ago \| parent [-]
		> You might be surprised to learn that the stock markets are heavily regulated How is this a response?