picture courtesy of Restless Photography
In 1994 Posh Boy Records owner Robbie Fields submitted a written claim to Epitaph Records via the Harry Fox Agency, alleging that the two-bar Arabian guitar phrase repeated throughout "Come Out and Play" copied the guitar solo from "Bloodstains", a song by the Fullerton, California punk rock band Agent Orange written in 1979 to which Fields, as the song's publisher, owned the copyright. Offspring lead vocalist and primary songwriter Dexter Holland had cited "Bloodstains" as one of the songs that sparked his interest in punk rock, saying it "really influenced me, especially that Arabian-sounding lead. I've written a lot of stuff like that", and The Offspring's public admiration had brought Agent Orange increased attention. Fields contended that the similarity between the two guitar parts amounted to The Offspring sampling Agent Orange, and requested that Epitaph pay a licensing fee of US$0.01 for each copy of Smash sold—equating to $60,000 or more at the time—which he would split evenly with Agent Orange frontman and "Bloodstains" writer Mike Palm. A lawsuit was not filed, as Fields said "Nobody wants to pillory anybody. But I feel I have a fiduciary duty to represent Mike Palm's interests." Palm declined to give an opinion on the matter, later noting that he was not involved in filing the claim but did not disagree with it, and invited listeners to compare the two songs, saying "Anyone who listens will know what the issue is."