There's a difference between following a game structure and ripping another game off.
The difference is that when you follow a game structure all you do is keep with the same basic formula to do things, but at the same time you introduce unique features, to freshen things up a bit. You could easily take two FPS's and find something different about them, whether its cover mechanics, controls, etc. etc.
I've played overlord, and while I haven't gotten very far in it, it does seem remarkably similar.










