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Well, I agree that the grey heading is borderline, but this is still not a rip-off in my opinion. There are thousands of sites with that kind of layout, and allthough the Freesbe is clearly inspired by the Emptees site, elements such as the menu, headings, content layout and footer are unique enough not to be considered a rip. In fact, I would even argue that Freesbe has improved upon the basic idea and made it better.

My $0.2