New Nurburgring to be Yellow Hell Rather than Green Hell?

So, the Nurburgring is increasingly becoming the standard for auto manufacturers and car development. Because of that, the track is in high demand, and there are fewer and fewer days available both for public use and private testing.

Nürburgring emblem
My Porsche Goes Both Ways

What's an entrepreneur to do? Especially ones who owns and operates tracks like Infineon Raceway, Bristol Motor Speedway, Las Vegas Motor Speedway and Texas Motor Speedway, among others. His name is Burton Smith, he's the CEO of Speedway Motorsports, and he wants to build a new "green hell" - though it's not going to be very green. It's going to be built in Las Vegas.

This would be incredibly fun, and while I don't think that it will be quite the same being out in the desert and 115 degrees rather than the shady hills of Bavaria, it would still be amazing to get to drive your car (obviously, especially if you lived in car crazy LA) out to try your lap times against the standard of the world.

I have to wonder though - is he allowed to do this? I mean, the Nurburgring owned by a private German company, and I would be pretty damn pissed if someone scanned the track and created an exact copy. Not sure if you can protect the rights to a track, but seems like there should be some protection there.

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