Multiple choice: Is site 2: a) a blatant rip off of site 1? b) infringing on site 1's copyright? c) neither of the above site 1. http://www.affiliateshop.com site 2. http://www.sportsintensity.com
Definitely c). I had both up on the same screen and didn't see a single thing that could be construed as a copyright infringement.
That layout doesn't even look copyrightable....it's hardly that unique. The test would go by if a viewer confused the identity of the two.