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Right, so if mine is a copyright infringement then so is his, because he is definitely not the first to come up with a yellow smile head. So one could argue no one should ever use any variation of a yellow smile head unless they are the creator of the old PAC man game or creator of emojis. Any kind of variation of a yellow head would still be copyright infringement based on those standards.
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*Facepalm*
Can you please look into things more before making a thread on stuff that can be answered with just common sense?