It is my understanding that courts make laws, not Curious Labs. Poses are made up of numerical values for the x, y, z rotations of each element. Looking at each pose as a collection of numerical data, I do not see any reason why they cannot be copyright. Therefore, a pose that is similar may not violate a copyright if the majority of its numerical values are different, but if enough of the numerical values are identical to cause reasonable doubt, then you might be in trouble if someone really wants to protect their poses. I think it would be naive and uncouth to suggest it acceptable to base products, or free items, on other's work. And, suggesting that poses cannot be copyright would suggest that other products, like settings to acquire characters, could not be either, as these are the same type of files. I don't think there is any doubt that people can and will create similar poses, but you should never start from another's work. :)