To really decide who has the best argument you have to look at both sides of the story. Because of the nature of the dispute i will look at the side who claims to have had their work stolen first, Gallagher.
Andy Gallagher's video is very well done. The use of chalk in his video is the biggest similarity to shynola's Strawberry swings. Some scenes in which the chalk is used can be seen as similar. Similar is as close as it gets. Dan Gallagher claims there are "striking similarities" between the two videos.(http://www.theguardian.com/music/2009/sep/22/coldplay-video)
Looking at these pictures side by side, yes they are similar, are they identical? no but the are clearly inspired by something in both cases.
From Shynola's point of view they do also see the similarities " Looking back, it has enough similarities to Mr. Trevor's video itself."(http://www.shynola.com/originalityexplained.pdf). its nice to see them admit is is similar but they also explain that they did not see the video till it was mentioned " Having never seen Mr. Trevor's video before, we can categorically deny that his video was any influence on our video." (same place as above). The rest of the site has loads of pictures showing the similarities of the works but also shows how they got the inspiration for their piece without watching Gallaghers piece.
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