How do I get around Google's duplicate content penalty...

[toocoolforschool]

Okay recently all I've been doing is bitch about how Google has penalized my site for duplicate content when I'm the original site, resulting in my site being banned from the Index and the guy who is actually hosting duplicates of my content being high in the SERPs, and emails go Google explaining this going completely unanswered and ignored.

So I'm thinking about being proactive instead of waiting for the Google Gods to finally get off their ass and actually correct their own stupidity. So....

My main site does item reviews, and I add new items on a pretty daily basis -- about 3/4 a week. So since adding anything to a banned site doesn't do any good in regards to Google's index (once the bot arrives at my server, now it just leaves, doesn't bother indexing NOTHING'), I'm thinking about SOMEWHAT abandoning the site and opening up SITE2.

But EVENTUALLY I want to begin migrating my old reviews over to the new site -- assuming, of course, that my old site remains banned til the end of time and space.

So I'm thinking I MUST change the old reviews on the old site enough so I don't incur the duplicate content penalty for the new site, correct? How would I accomplish this? Would a layout change take care of it?

(BTW I'm considering keeping the exact same layout for the new site, just new content, which I'm thinking, in theory, Google wouldn't consider duplicate content, right?)

Comments?