Miki: He is charging for it.
Zenny: The livejournal blog shows a lot of meh ones that could well get away with the inspiration/borrowing argument and be fine, which is a shame, since it nulls their point. Some of those are really, really close to direct traces though. The first one is the best example, really, as are the two hand-to-head panels.
Honestly, examples like those aside, I would have been more than happy to just write it off as someone who needed to put a little more of their own spin on something. Combining that with some of these really, really, really close panel layouts/designs/poses and the apparent frequency though, and we start getting into more questionable territory. But hey, that's why I said you be the judge!