In fairness, I said it couldn't apply if the jurisdiction adopted an intentional malfeasance standard, which is the assumption we were operating under.

Have a good night.

Actually, I decided to find some CA law real quickly, lol.

You still don't have to prove intent:
"Absent direct evidence of copying, proof of infringement involves fact-based showings that the defendant had “access” to the plaintiff's work and that the two works are “substantially similar.”


"Proof of the substantial similarity is satisfied by a two-part test of extrinsic similarity and intrinsic similarity. See Krofft, 562 F.2d at 1164. Initially, the extrinsic test requires that the plaintiff identify concrete elements based on objective criteria. See Smith, 84 F.3d at 1218; Shaw, 919 F.2d at 1356. The extrinsic test often requires analytical dissection of a work and expert testimony. See Apple Computer, Inc. v. Microsoft Corp., 35 F.3d 1435, 1442 (9th Cir.1994). Once the extrinsic test is satisfied, the factfinder applies the intrinsic test. The intrinsic test is subjective and asks “whether the ordinary, reasonable person would find the total concept and feel of the works to be substantially similar.”


Even though you were just operating under an [invalid] assumption, I still think it was rude to say you were "unimpressed" with my class like that.

Anyway, no harm, no foul. I just skimmed the above case quickly, but here's the cite:
212 F.3d 477

You have a good night too.

Closed out the last episode of Fringe.

Is it just me, of does the instrumental/backing of this song sound A LOT like another pre-existing song? At the very least the chord progression.

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For those who can't place what I'm talking about.

I'd agree. It came to mind before I clicked the spoiler link to see what you were thinking.

This Monkeys gone to heaven.

Right band and album, wrong song.

Yes I know, the only song I can remember currently from them though. :D

Umm

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Happens all the time..

Someone did a study breaking down all the big hit songs, Like seven formulas, follow this and you get people loving them from what I remember reading..