iPhone game "Aquatica" plagiarizes flOw?

[Words Of Wisdom]

NanakiXI said:

Ajescent said:
On topic, I don't think the guy should get into any trouble seeing as he's not making money from it.

It cost a $1 or $2 to download. It was only free for a little while.

Even if it was free, the makers of fl0w could claim damages in the form of lost revenue based on sales.  

This akin to a company selling pirated games as every sale is a sale the real developers will never see.

That is... if they can prove that the content is above whatever percent copied by law that is required for such.