$230M Still Can't Buy a Startup Original Design?

It boggles my mind that there are multiple multimillion dollar startups who provide nothing more than what PGP delivered in the early 90s. GPG is free. The fact that they are arguing over the originality of the website's wallpaper is just surreal.

While these two patterns appear to be quite similar, I wouldn't think there is anything wrong here - from a copyright/IP view. Design seems to be something that is fluid and shouldn't be held to the same standards as a molecular drug patent. As long as the branding isn't infringed, it seems okay. How many login patterns today are almost identical?

The argument here is why would you want to look so similar to your competitor when you have plenty of money to set yourself apart.