||02/05/10 07:04 AM
this is a tough one.
it's definitely the same thing and it's definitely intentional, i mean, the song is about all things australian, for fuck's sake, obviously the flute player put the kookaburra melody in there as a little shout-out to that fact. there's no way they can claim that they just 'accidentally' stuck the melody to another very well-known australian-themed australian song into a song with a chorus of, "i come from a land down under." i mean, maybe if that's all they had said about australia, but you can't use the words 'combie,' 'chunder,' and 'vegemite,' in the same song and then say you didn't know you were ripping off the kookaburra melody. it's not a coincidence.
at the same time, this dude is asking for waaaaaaay too much money. it's not like their song was built on his, they included like two seconds of his song, without the words, on a flute. if he gets anything, it should be like .00000001% of the profits for this song. that or a punch in the dick.