I think this is a bad comparison. Yep, if I repaint Starry Night, I will not be Van Gogh; but the case here is different. dcurtis' idea was public influencing. The idea was a blogging paradigm which would effect the writing approaches of the people. It was a great idea, but it's different from a personnal artwork. It has a broader domain than it. I think the society is allowed to use the idea. I agree, perhaps obtvse creator could do a little innovation and use a little different CSS and HTML design.