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You may not be able to win in court, but the sites do look WAY to much alike.. A copy now mater how you look at it..
I'm building a review site currently, while I looked at most review sites I went with my own style, design, colors, shape, wording, etc.. Don't get me wrong, having a review site as large and functional as The Best Porn would have been nice but it wouldn't have been good business.
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