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The issue here is not one of a song being released and some years later someone writes a new song that is somewhat similar.

Chantal worked directly with Avril for some time, writing and polishing songs. Afterward she sends the girl a tune and never is told its accepted or gets paid for it.

A short time later out comes Avril's album with striking similarities. THAT's what makes it a ripoff and that's what spawns a lawsuit!
wrong song...and so far the only similarity is the title in that case.
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