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 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." The Offspring's manager Jim Guerinot called Fields' claim baseless, saying the two guitar parts were "not even close to identical. They're both in the same scale, [and] there's no doubt there's an influence, [but] it doesn't mean that it's stolen. If he feels he has something, he'll sue, and if we've done something that is proven wrong [by technical analysis of the two songs] we should be sued. But we don't feel there's any merit to it." Randall Wixen, the Offspring's music publisher, stated that a musicologist hired by Epitaph determined the two guitar parts were not identical, despite being based in the same Middle Eastern scale. "We've told [Fields] a hundred times he's not getting paid. He's not getting a cent", Wixen said in 1996, stating that Fields and Palm would have to sue if they wished to pursue the claim. Although no lawsuit was ever filed, Palm maintained that he still deserved credit for the guitar riff: "I could show you interviews in which Dexter Holland outright admits that he took that riff from my song and used it in his song," he asserted in