Those Smashing Pumpkins are taking EMI's Virgin Records to court over claims the major used their name in a promotion with Pepsi and Amazon, and that doing so breached past contracts between the label and the band, as well as threatening that most fragile of things, "artistic integrity".
The dispute is over the previously reported Pepsi MP3 giveaway promotion in the US - called Pepsi Stuff - which was designed to promote the launch of Amazon's DRM-free download service. Three of the majors made tracks available for the promotion, which music fans could download for free in return for vouchers from Pepsi bottles and the like.
Among the tracks made available by EMI, it would seem, was music from the Pumpkins' catalogue, they having been signed to the major's Virgin division prior to their original split in 2000. Since their reunion the band have worked with Warner's Reprise label, and they argue that their contract with EMI regarding their older recordings allows the major to sell the music via download platforms, but not to give it away via brand promotions like this one, not without their permission which, they say, they didn't and never would give.
The lawsuit is demanding Virgin pay the band any profits it made from the promotion as a result of the band being involved, as well as asking the courts for an injunction preventing the major from using the group's name or music for such promotions in the future.