JUDICIAL HOLDINGS DESK: As part of a post-trial opinion concerning alleged misuse of the Beastie Boys' music by Monster Energy drink, Judge Engelmayer of the Southern District of New York analogizes the five Beastie songs that appeared in the video ("So Whatcha Want," "Pass the Mic," "Sabotage," "Looking Down The Barrel of A Gun," and "Make Some Noise") to Beatles songs, noting (in a footnote) "Had Phillips chosen as the video’s soundtrack songs by The Beatles
that were comparably prominent within that band’s body of work, he might have chosen 'Love
Me Do,' 'Yesterday,' 'Let It Be,' 'Here, There and Everywhere,' and 'Hey Jude.'" Is Judge Engelmayer correct? Discuss.
Disclaimer: I have, in the past, worked with counsel to the Beasties in this matter, but not on this matter or any other Beastie matter.