Why am I not surprised that the Tenspoke Indies lost? Let me paste a little something from an old article about that case...
Shill said he’s having a musicology report done to dissect the two songs and highlight what his clients claim are their copyright-violating similarities.
Those include the key, chord progression, melody, lyrical theme, rhythm and tempo, the suit states.
“We need to prove access and substantial similarity, and we believe we can do that,” Shill said. “Our client has advised me not to comment directly on the suit, but we believe ... that the similarities shared between the songs are there for anyone to hear.”
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The Tenspoke Indies claim in their suit that Paramore had access to “Starlighter” because it was released in 2006 on a four-song album and got national exposure when the indie group reached the finals in the Zippo Hot Tour for upcoming bands.
http://www.pennlive.com/midstate/index.ssf/2010/11/paramore_music_copyright_tensp.html
Even though those songs had a few things in common, the Tenspokes' case tried to make The Only Exception look like a complete copy and paste ripoff. And second, I guess they couldn't prove that Paramore (or really anybody else haha) have heard of that obscure ass band or that song before.