Lucem (Just An Asshole) Ferre said
I'm not defending Puddle of Mudd, since I couldn't even name two songs from them. (didn't know they made that song)

 

But there is a huge difference between ripping a song off and paying homage.

Same chord progression and cadence. Even similar lyrics in a couple spots. The Tom Petty/Sam Smith case recently was far less obvious, but it was still determined to be a case of plagiarism. It is what it is though, there's nothing new under the sun.