in my view there seems to be a poor understanding of what Nokia actually gave HiFo, and how they did it.

this is my view on thew situation.

Nokia handed control of an entity to the Hildon Foundation ( not the community, not the board members, and neither of the councils).
this entity had, as part of it a number of things:
1, the server hardware.
2, the data stored on the server hardware.
3, permission to use the maemo.org domain and its sub-domains*.
4, the goodwill that was associated with the above things.

* this status may have changed after the transfer.

point 1 is fairly simple. i feel it is not necessary to explain it.

point 2:
there are various licenses and copyrights held on the data on the servers.
i will focus on the LGPL and GPL licenses for simplicity.

both these licenses only apply on distribution of the code.
http://www.gnu.org/licenses/gpl-faq....cePostedPublic
http://www.gnu.org/licenses/gpl-faq....anIDemandACopy
http://www.gnu.org/licenses/gpl-faq.html#UnreleasedMods
http://www.gnu.org/licenses/gpl-faq....alDistribution

so you are free to make a clone of this site, but you cannot demand a working copy of it.

a similar concept applies to the information in the databases, you can copy the user-accessible content provided it is under a suitable license, but you cannot demand a dump of the whole database. this is controlled by copyright law.

point 3, fairly simple again but very important for point 4.

point 4, "goodwill":
http://www.merriam-webster.com/dictionary/goodwill
this is by far the most valuable and the most fragile thing that as part of the entity nokia gave HiFo
is is also the one thing a new clone site _cannot_ take, it instead will need to build this on its own, and without a community who wants that clone site to survive it will be very hard work building it up.