John McCain is returning Jackson Browne's August lawsuit complaining about McCain using his song "Running on Empty" during his campaign by claiming Browne is just trying drum up publicity for his own album, reports TMZ.
McCain's lawyers filed a response, saying Jackson complained so he could get press to promote his new album, which came out a month later.
J-Mac also makes the argument he could use the tune whenever and where he wants because he was running for Prez, not trying to make a buck off it. If the court buys this "political speech as public interest" claim, it pretty much means curtains for a bunch of other musicians who were PO'd about their songs being used by the GOP.
The list of other acts mad at McCain for playing their songs includes Van Halen, Heart, Foo Fighters and more.