Copyright is supposed to cover the actual code written
True
if the original code base and images where not used... then there should be no infringement.
Not so true anymore. Copying a work doesn't mean Xeroxing it. You can do 100% of the work, draw all the images yourself etc. As long as the output is, shall we say, unreasonably similar then it is copyright infringement. In this case all he had to do is not directly copy the artwork and everything would have been free and clear. Look at the images of the tanks in both games it is pretty open and shut to me.
True
if the original code base and images where not used... then there should be no infringement.
Not so true anymore. Copying a work doesn't mean Xeroxing it. You can do 100% of the work, draw all the images yourself etc. As long as the output is, shall we say, unreasonably similar then it is copyright infringement. In this case all he had to do is not directly copy the artwork and everything would have been free and clear. Look at the images of the tanks in both games it is pretty open and shut to me.