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The standard for copyright infringement is "substantially similar" artistic expression. "Substantial similarity" is measured by whether a normal observer would recognize the second work as a copy of (or derived from) the original. For cartoon characters, courts consider not only the visual resemblance but also narrative aspects of a character, such as their personalities, behaviors, biographies, and story lines
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You're both in technical copyright infringement territory, but I think you have a right to pursue him, just as Disney, Marvel have a right to pursue you. Just because you've done something illegal does not make what he's done legal.
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"I'm typing on a computer of science, which is being sent by science wires to a little science server where you can access it. I'm not typing on a computer of philosophy or religion or whatever other thing you think can be used to understand the universe because they're a poor substitute in the role of understanding the universe which exists independent from ourselves." - Willravel
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