So I only now noticed that guess case capitalises ‘the’ when it follows the ampersand. I assume it’s incorrect in most (some?) cases, because there shouldn’t be any difference between James and the Cold Gun or The Ruin and the Change versus The Heavens & The Earth or Miss Glum & the Pursuit of Falling.
Probably to accommodate artist/group names where The would be capitalized in that case. Why it is a guess, I guess 
Oh right, I remember a long time ago, there was a conundrum about Florence + the Machine, either here or on rateyourmusic.
Lowercase ‘the’ because it’s essentially one band vs. uppercase, because ‘The Machine’ was thought to be the name of the backing band for Florence Welch.
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Yeah. That’s because it’s assumed most cases are of the type “Solo Dude & The Backers”. Of course, that’s not such a common kind of band anymore - if we realize that bands with “& the” that do not follow that pattern start to be more common, it might make sense to get rid of that specific guess case rule 
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