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My comment was mainly in the context of the parent comment's implied contradiction between our apparent siding with EA here, but our siding with Android in Apple v. Android.

Change one word ("strikingly similar" to "substantially similar") and you have the very legal definition of a derivative work, an infringement on the original copyright (17 U.S.C. § 101).

> Yeah, but, "identical behavior" and "strikingly similar" are not Copyright violations.

Good thing you're not a lawyer.

Ferguson v National Broadcasting Co:

If the two works are so strikingly similar as to preclude the possibility of independent creation, 'copying' may be proved without a showing of access

If Zynga had 'prior access' and their resulting product is similar, then it's easy to prove an infringement.