Like I said before, I'm just speculating. But if they are indeed the same, method wise, that would certainly need to be addressed.
You bring up and interesting point Cameron and I am really unsure what the right thing to do here would be. I think we can be certain that Tom didn't see Richard's work prior to T11 getting their hands on his effect. I also realize that Richard's came out first but is it really fair to force Tom to credit Richard here? Acknowledgment would be nice but I would bet a few bucks that these are already at the duplicator or close to final production so it isn't likely an easy thing to do.
We saw the same thing when we had the big rush of CIB effects and people were wondering if Factory Sealed and Bullet were going to credit other creations that came out prior.
Anyone who knows me knows that I am the first to pickup a pitchfork and torch when it comes to proper crediting. I am just not so sure there is a real case to be made here that Tom or T11 is required to credit Richard because I feel, on the surface of things, that these are two independent creations released relatively close to each other. Anyways these are just my thoughts because you got me thinking about this last night when you initially made a similar comment.
--Jim