You may recall that back in August, Browne filed suit against McCain's campaign for using his song, "Running on Empty," in a campaign ad, citing copyright infringement and false endorsement. The laid-back California rocker was among a group of musicians — which also included Heart, the Foo Fighters and Van Halen — who asked McCain to stop using their songs in the Republican senator's appearances during his White House bid.

Now, McCain is hitting back. According to The Hollywood Reporter, McCain's lawyers filed two motions last week. One motion asks the judge to dismiss Browne's suit, citing fair-use laws and arguing that the song was used in a non-commercial manner, that its title is an acknowledged cliché, that only the title phrase was used and that the use of the song didn't damage its commercial potential, but "will likely increase the popularity of this 30-year-old song." Lawyers also argue that the use of the song didn't amount to a "false endorsement" because that provision of copyright law protects against commercial rather than political speech.

Oh, and one more thing — and this is the part that may force McCain to use nothing but chanting monks next time around. The second claim is one usually used by defendants to win monetary damages after a plaintiff has subjected them to a lawsuit meant to curtail free speech. McCain isn't looking for cash on this one, just attorney fees and costs, but the Reporter said "claiming an artist has interfered with free speech is quite a poke of an eye in show business." Besides, McCain's lawyers argue, the senator didn't even make the ad; it was created by the Ohio Republican Party.

And maybe they missed the stories about the Foo Fighters, Van Halen, Heart and Jackson Browne complaining about the same thing. We're not saying an intervention is in order, but while five is troubling, six is definitely a sign of a problem.

The latest? Jersey icons Bon Jovi. Jon Bon Jovi told TMZ that the band was "surprised to hear that our song 'Who Says You Can't Go Home,' was used by the McCain campaign at rallies yesterday and today.

"We wrote this song as a thank you to those who have supported us over the past twenty-five years," JBJ continued. "The song has since become a banner for our home state of New Jersey and the defacto theme song for our partnerships around the country to build homes and rebuild communities. Although we were not asked, we do not approve of their use of 'Home.'

McCain certainly should have seen this one coming, what with the singer throwing a $30,800-a-plate dinner at his house for Obama last month.

What do you think of McCain's musical miscues? Does the campaign need to be more careful, or do these musicians need to lighten up?