Did Deadmau5 Plagiarize Kewlers' All-Stars?

Before I begin, let me state that I love Joel Zimmerman and all that he does.
Right so Finish producer Arto Koivisto, AKA Little Bitchard or Kewlers, posted an intriguing find from one of his fans on his website. It stated, Kewlers' (Little Bitchard & Mel Funktion) song 'Protozoa' soundtrack (aka 'Isoljator') and Deadmau5' track 'FML' had an awfully familiar breakdown. (SEE YouTube user shS83's video posted below which compare the two)

Now I wouldn't call this plagiarism in the slightest form but for sure a sample recognition should of occured (Just like what Deadmau5 would of done for 'Clockwork' which is a remix of a remix. He remixed Cygnus X's 'Orange Theme' which samples the famous 'Title Music from Clockwork Orange' by Wendy Carlos which is an interpretation of Henry Purcell's 'Funeral Music for the Queen'. Just like his 'You Need A Ladder' and 'The Legend of Zelda Theme' or 'Moar Ghosts & Stuff' and Frédéric Chopin's Piano Sonata No. 2 in B-Flat Minor).

Whether you take the original sample or just make yours sound similar, permission is needed.
While I'm no expert on all these topics, go ahead and decide for yourself.

Kewlers' All-Stars (Little Bitchard & Mel Funktion) - Protozoa or Isoljator
[Right-Click To Download]

Deadmau5 - FML (Orginal)

It seems like Deadmau5 heard the melody and just created his own sequencing in a similar fashion.

Little Bitchard contacted his label Ultra "to hear what they have to say, but I'm still waiting for the reply... In the meanwhile, I'm left wondering how to "return the favour". I'm definitely thinking "a melody for a melody, a sample for a sample" in the best biblical / Lex Talionis spirit, but having been all over Deadmau5' releases today I'm yet to come across a single good/catchy melody I could borrow. Seems like the man knew what he was doing as he was able to anticipate my awesome plan! Nonetheless, my array of samplers is ever-so ready to rock so I guess I'll just have to take a round or two on some Deadmau5 releases. No need to worry; whatever I might come up with, I promise to make it a bit more creative than just a bar or two of sidechained four-to-the-floor ooomph! Come to think of it, I'll even host a competition around it effective from today just for the fun of it. If you think you've spotted a Deadmau5 sample on any of my releases during 2010, tell me which sound you think it is and from what tune. If you happen to be the first to spot one, I'll send you a prize of some sort!"

Whatever the outcome is after all this, at least The Little Bitchard's music will get a bit more attention.

He's also known as El-Bee on his SoundCloud account.
Check him out and spread the news like a wild bushfire!


This post has also got me thinking of posting more stories on samples and such if your all interested.
PC

PLUS check out Versus 5 vs Deadmau5 - Sauce Problems (Sck & Fck Mash-Up)