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?

Now, Heart are furious with the McCain campaign for its use of their 1977 hit "Barracuda" as Palin's unofficial theme song during the RNC. (When the governor was a high school basketball champ, her teammates nicknamed her "Sarah Barracuda.") Heart's reps fired off a statement saying they'd asked the Republicans to stop using the song, and in a phone call to EW.com, Nancy Wilson said she felt "completely f---ed over."

It seems McCain's people just can't find the right tunes. Considering how liberal most recording artists are, it's likely this will continue to be a problem for the GOP. Perhaps John should just stick with John Rich's "Raising McCain."

If you had to pick a song to capture the spirit of McCain's or Senator Barack Obama's campaign, which song would you go with? Tell us!

It takes a special kind of crazy to impersonate a celebrity beyond Las Vegas' city limits, but David Kuntz isn't just nuts — he's the kind of dude who could inspire the American Psychiatric Association to consider a total revamp of the DSM. That's because he's been trying to pass himself off as Van Halen frontman David Lee Roth.

Last week, several news organizations reported that Canadian authorities had pulled Diamond Dave over for driving erratically and that he'd told the cops he was speeding because of an allergic reaction he was having to peanuts. Seeing as Roth is a certified EMT, it didn't seem quite right or believable. The cops brought the man they thought was Roth to the hospital anyway, and he was seen later that evening in a bar with two women in hospital scrubs.

A few days later came the news that there was a Roth impersonator on the loose, and that police were on the lookout for David Kuntz, a musician who looks more like Eddie Van Halen's malnourished brother than a Roth doppelganger. According to reports, Kuntz told everyone he was Roth, and even tricked patrons at an Ontario bar into thinking he was the rock icon when he got onstage and performed with the house band. Seriously. The woman who owns said bar told a local newspaper that she was "drawn in by the flashy scarves and alligator shoes" Kuntz was wearing.

Now, an article in Ontario's Simcoe Reformer reports that Kuntz may be even more unstable than we originally thought. Apparently, Kuntz was involved in a 1989 murder trial, which portrayed him as a manipulative genius who convinced one of his two girlfriends to kill the other. The paper says Kuntz's girlfriend, Kimberly Blinkhorn, stabbed his late fiancee, Rowena Parsons, 70 times with an 8-inch carving knife. During the trial, Blinkhorn told the court that Kuntz controlled her and told her that it was her "job" to kill Parsons. Blinkhorn testified that Kuntz told her he'd sold his soul, but during the trial, he said he'd said that as a figure of speech.

Kuntz was never charged with Parsons' killing, and Blinkhorn was found not guilty of murder by reason of insanity.