hell if blues musicians had the money and power to sue in the 60\'s led zeppelin never would have gotten off the ground. You can always argue things like this for chord progressions. Take wish you were here, move it up a whole step and strum instead of picking and you have wonderwall. frank zappa wrote variations on the super secret santana chord progression. Pearl jams given to fly is the same as led zeppelins going to california. The pearl jam song soon forget is a blantent rip off of one of the who\'s songs for ukulele. The estate of John Cage sued someone for re-recording a sample of his 4\'33 piece, which is absolute silence for 4:33. Yup, someone had a pause of silence on an album and they tried to say it was a sample. etc, etc, etc
The thing that makes this different is that they have not only the same tempo and chord progression, which is bad but happens all the time, but that they have the same melody as well. They should get the same thing that happend to the verve for stealing the stones orchestral music to make bittersweet symphony... give 100% of royalites from the song to joe.
Good for joe, get what\'s coming to you. I think things like this are going to become more and more common with the technology of iphones to identify songs. They\'ll "mis-identify" something, and people will start making correlations between what they thought the song was and the iphone thought it was and the list is going to become huge.
Also, surfing with the alien is an awesome album. Joe rocks. go find a copy of a g3 concert and drool.