 Mustaine intended to release a solo album in 2004, which would ultimately become "The System Has Failed", although due to contractual obligations, Mustaine ultimately released it under the Megadeth name.Subsequently, Ellefson and Mustaine had a severe legal disagreement over royalties and rights to Megadeth's name and back catalog resulting in Ellefson filing an unsuccessful lawsuit.Though the two once enjoyed a close friendship, considerable animosity developed between Ellefson and Mustaine to the point that on Ellefson's website, Megadeth was not mentioned in his biography, only in the discography.