I don't see any similarity at all (except for maybe some basic stuff that can be found on many websites) and including them into that "ripping off" article could be perceived as defamation. Did they just quickly switched to different design?
Wait, they've not merely copied his js, they're having him host it too? Oh exploitable. Figure out to make it benefit you. I'd have a hard time resisting the urge to play some mischief though.
No, at least the one I looked at didn't. But if they're just copy-pasting, he could add a domain check (or IP address check) and make it behave differently.