I would say it is pretty lame to go on an attack like this as well. Seems a bit of a publicity stunt. I also think it would be best to avoid people being able to draw these parrallels. I wonder if anybody in the Peppers' camp noticed this or said anything.
As far as the mp3 goes people have been doing this for a while now. Like when Nickelback capied themselves.
http://www.npr.org/templates/story/s...toryId=4258547