"Men At Work" Lose in Royalty Case

[Skyguy]

http://news.bbc.co.uk/2/hi/entertainment_and_arts/10518787.stm

The 80's band, Men At Work, came up on the losing end of a royalty case. The court has ruled that the flute heard in their major hit, "Down Under", was playing a riff from an old Australian children's song "Kookaburra Sits in the Old Gum Tree." The rights to that 70 year old song are owned by a company called 'Larrikin Music.'

The Australian band must pay 5% of money earned from the song since 2002 as well as future royalties.

This BBC article allows you to hear a snippet from both "Down Under" and the children's song. I can hear a similarity, but I am not convinced.

[Nuke]

I can't really hear the similarity. I think it's a stretch. I don't even know how to describe it, but the... sequence is kind of, sort of, somewhat the same at one point... kind of. Even if it was the same, 5% seems really high for something that's only kind of, sort of, somewhat the same... sort of. :)

Edit: I now have both songs stuck in my head and they're overlapping lol. I can see the overlap but it still doesn't seem hugely obvious.