If the Data is Open, Is It Free Game? (Palamida vs. Black Duck)

“Black Duck has admitted to ‘borrowing’ Palamida’s database of
open-source projects/licenses, without giving attribution or any
other indication that it had taken the data from Palamida. Legal?
Yes. Wrong? Seems like it to me.

“After two days of intense investigation, we have confirmed that
most of our database has been copied directly…”