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To me, the differences between the two works of art are fairly moot. Their similarities combined with the knowledge that HC tried unsuccessfully to purchase the original are more than enough to establish sleazy behavior here—legalities aside.
Whether this turns out to be copyright infringement or not, HC has lost any credibility (in my eyes) to be able complain about their intellectual property being infringed upon. It's just another example of the Golden Rule: "those who have the gold make the rules."
Boo. Hiss. Boo.
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