Even by the standards of Republican party logic McCain's arguments in this case take some beating.
The legal dispute between Jackson Browne and Senator John McCain over Mr. Browne’s song “Running on Empty” will keep running: a federal judge in California has denied motions filed by Mr. McCain and the Republican National Committee to halt a lawsuit brought against them by Mr. Browne, according to court documents. Mr. Browne said in his suit that Mr. McCain and the committee had infringed on his copyrights by using “Running on Empty” in a presidential campaign commercial without Mr. Browne’s permission. Mr. McCain and the committee had argued that First Amendment and fair-use rules permitted the use because the song occurred in a political context, but Judge R. Gary Klausner was unconvinced.
I hope Jackson pushes this as far as he can and refuses to settle.