Yes and more or less yes. Different plot, sure, but at least in this instance Scorcese has a different palate, if there was one plus for him. I have the same problem with Scorcese's crime films in short. Another way of putting it is Scorcese is a different beast because he has done a lot of different types of stuff so I can give him more leeway when he reverts back to something samey.
In regards to that last sentence: I think there is where there's an important shift in the discussion that I'm not sure everyone has noticed. Originally the discussion was an indictment of Nolan's existing films because of their alleged "sameness." I find this sameness to be on a fairly superficial level, but regardless, it was a commentary on the films themselves. What you're talking about is the director himself, which is not a meaningless distinction.
Put another way: you may give Scorsese leeway as a director because you know he's tried other things, but that obviously can't make the individual films better for you. And this is important because if people had begun by saying Nolan should branch out because they want to see what he can do with different types of films, that would be a fundamentally positive statement, and it would be dramatically different than criticizing his films for being too similar.
Why not? Don't creators need to move away from something to get new perspectives on it in the first place? It's not that all his films have crime in them, it's that they all revolve around it and never seem to reach a different conclusion. If he did, say, a film based on some Grimm Fairy Tale, there would probably still be crime in it, but he would be forced to focus on something else, and the crime would become a shade in the paint instead of the blacks and whites.
I guess it depends on what you mean by "move away." I think Scorsese does crime/mob films well, and so I'm glad he's done several, and I'm skeptical that his forays into other types of films have necessarily improved his later work. You tell me: is
The Departed better than
Goodfellas for having come after he'd also made
The Aviator?
I think directors have styles and strengths and while I like them to try other things, I don't think there's anything at all negative about playing to those strengths. Even if I did, such an opinion would lead me to have a
lot of problems with a
lot of directors, because most of them clearly have a specialty they routinely employ or a topic they continually come back to. I feel like that kind of focus is probably a natural byproduct of the passion that produces most great directors to begin with.
But even on a factual level, is it really true that his films always revolve around crime?
Inception doesn't really, if you ask me. It does exactly what you're saying: tell a story where crime is a component, but not really the point. It's about the awesome power of ideas and their consequences. Crime is merely the mechanism from which it's examined.
The Dark Knight has lots of crime in it, but it's more about what civilization actually means, the relationship between democracy and consequences, and about how complicated true heroism can be.
Memento is about memory, obviously, and how it's both unreliable and an indelible part of who we are.
I'm just not seeing the crime-centric picture you guys are painting. I feel like he's already using crime the way you suggest: as a backdrop to explore something else.