Throwing a bone to the lawyer types on the board:

In the end, it's entirely possible that there was infringement here. Certainly the judge -- despite all of the problems with Harley's actions in the case -- felt the songs were similar enough to grant summary judgment. But if you're looking for a guide in how not to go about a lawsuit, this seems to be it.
http://www.techdirt.com/articles/201...-herself.shtml