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Both stories follow a man who spies on a neighbour from his window and becomes convinced they have committed murder.

Legal reps alleged studio heads didn't ask permission to turn the short story into a film.

But New York District Court judge Laura Taylor Swan has dismissed the complaint, insisting the similarities aren't enough to warrant copyright infringement.

She says, "The main plots are similar only at a high, unprotectable level of generality. Where Disturbia is rife with sub-plots, the short story has none. The setting and mood of the short story are static and tense, whereas the setting and mood of Disturbia are more dynamic and peppered with humour and teen romance."