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Axl Rose, Dr. Pepper can

KMazur/Getty Images

All is fair in Chinese Democracy, except when the citizens are denied the opportunity to drink what the Dr ordered.

Axl Rose, wholely mum when Dr Pepper announced that it would bestow a free 20-ounce bottle on all comers when Guns N' Roses' years-in-the-making album finally dropped, is taking the company to task via his attorney after learning that not all customers were served.

The soft-drink behemoth had arranged to bestow online coupons to any thirsty freebie-seeker who visited its website on Nov. 23, but the site crashed due to...well, high traffic brought on by people's insatiable desire for free stuff.

The promotion was extended for another day, but the site was reportedly unreachable for most of it.

And despite what surely is Rose's sympathy for those who have trouble meeting customer demand, Guns N' Roses' lawyer is calling the attention-getting ploy an "unmitigated disaster which defrauded customers."

In a letter to Dr Pepper Snapple Group Inc, Beverly Hills-based Alan Gutman demanded that the company extend the promotion and place full-page apologies in the Los Angeles Times, the New York Times, the Wall Street Journal and USA Today.

Calling the campaign an "exploitation of my clients' legendary reputation and their eagerly awaited album, Gutman wrote that "mocking undertones" in the Dr Pepper promotion made for a "raw and damaging commercial exploitation of our clients' rights," which was then made even worse by the "shoddy execution of your disingenuous giveaway offer."

Oh, and the band would like some money now, too.

Threatening further legal action if no reparations are made, Gutman requests "appropriate payment...for the unauthorized use and abuse of their publicity and intellectual property rights."

Dr Pepper declined to comment on Guns N' Roses' version of events.