Funk band War and PepsiCo just can't be friends.  Some of the band's original members are suing Pepsi for over $10 million, saying that the soft drink company never negotiated with them to use their song "Why Can't We Be Friends" in its commercial for Pepsi MAX.  Naturally, Pepsi says the suit has no merit, stating that "Pepsi has a long history of partnering with iconic celebrities and musicians, and we value our relationship with the music and entertainment industry".  The statement doesn't address the issue at all.  In the ad, Pepsi and Coke drivers are stopped at a diner when the song comes over the sound system.  Both drivers agree that it's a great song, and the Coke guy tries Pepsi MAX, then notices the Pepsi driver recording him on his cell phone.  "You Tube", says the Pepsi guy, following which an outside shot of the diner shows the two crashing through the front window.