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Update on the supposed legal issues regarding the DT/Portnoy split

Started by KevShmev, August 27, 2011, 12:38:51 PM

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VioletS16

I like the name Dream Theater and I don't want them to lose it. I'm not going to say anything more on the subject of Mike besides I am not happy with him at all. He's been acting a bit rough towards the band since the split but this is really going too far. Why does it seem like MP is trying to rub their name in the mud??

JayOctavarium

I'm not going to comment on this because I really dont want to say anything too hurtful.... but reading this... i got a picture in my mind. Ok you know the court room sketches?  -insert bear joke here-

yea


millahh

Quote from: Aniland on August 27, 2011, 01:35:39 PM
Quote from: millahh on August 27, 2011, 01:35:02 PM
Quote from: ReaPsTA on August 27, 2011, 01:32:34 PM
Quote from: Aniland on August 27, 2011, 01:30:32 PM
Only not at all

No, they're different things.  Rudess said it was a coincidence because he didn't want to hint at any sort of lawsuit or dispute.  Now that we found out it's almost certainly not a coincidence, there's very little real reason to care that he said what he said because there's a perfectly reasonable reason why.

If they said "the lyrics on ADTOE aren't about Mike Portnoy" then released an album with lyrics with Mike Portnoy, they'd look like liars and idiots.

Completely different situations.

Although "This is the Life" seems like it obliquely is about MP....people not being satisfied with their lives, and uprooting to pursue the greener grass on the other side.

Apples and oranges

:\

Shouldn't you be deleting yourself?
Quote from: parallax
QuoteWHEN WILL YOU ADRESS MY MONKEY ARGUMENT?? ?? NEVER?? ?? THAT\' WHAT I FIGURED.: lol[\quote]

Adami

Aniland, I didn't think it was possible, but you are actually ruining a thread that is destined to be locked.
www. fanticide.bandcamp . com

Mladen

Quote from: Jarlaxle on August 27, 2011, 12:58:42 PM
Yeah, I think this officially puts the final nail in MP's coffin, he will never be returning to DT ever again. I would imagine JLB would quit if that were to happen.
Never say never. Pink Floyd and Roger Waters went through some incredible silly feuds, yet they managed to reunite for a couple of shows. Not that I'd like MP to return after all this craziness, though.

Quote from: The Silent Cody on August 27, 2011, 01:05:57 PM
So, we never hear AA suite in it's all live...  :-\ :-[ fucking money and law issues  :censored
Did you really think they'd play it without MP? Good riddance, I don't care - this tour proved that they could put out an amazing show without any of the tunes with his lyrics.

Quote from: robwebster on August 27, 2011, 01:18:47 PM
I'd have liked Bridges in the Sky as an album title.
I would have loved it, even more than A Dramatic turn of events.

Aniland

Quote from: millahh on August 27, 2011, 01:37:27 PM
Quote from: Aniland on August 27, 2011, 01:35:39 PM
Quote from: millahh on August 27, 2011, 01:35:02 PM
Quote from: ReaPsTA on August 27, 2011, 01:32:34 PM
Quote from: Aniland on August 27, 2011, 01:30:32 PM
Only not at all

No, they're different things.  Rudess said it was a coincidence because he didn't want to hint at any sort of lawsuit or dispute.  Now that we found out it's almost certainly not a coincidence, there's very little real reason to care that he said what he said because there's a perfectly reasonable reason why.

If they said "the lyrics on ADTOE aren't about Mike Portnoy" then released an album with lyrics with Mike Portnoy, they'd look like liars and idiots.

Completely different situations.

Although "This is the Life" seems like it obliquely is about MP....people not being satisfied with their lives, and uprooting to pursue the greener grass on the other side.

Apples and oranges

:\

Shouldn't you be deleting yourself?

Can't find the button. I already requested account deletion, so I mean...

ReaPsTA

Quote from: Mladen on August 27, 2011, 01:38:03 PM
Never say never. Pink Floyd and Roger Waters went through some incredible silly feuds, yet they managed to reunite for a couple of shows. Not that I'd like MP to return after all this craziness, though.

Years and years down the line there could be a reunion show.  But I remember Eddie Trunk saying on his radio show something like 'I'm telling you Mike, everyone I talk to keeps telling me that they can't imagine that at some point a few years down the road you won't be rejoining Dream Theater."

I'm assuming ET and his friends were relatively well informed about what was happening between MP and DT.  So how could they have possibly reached this conclusion?

millahh

Of all of the MP songs, there's only a few that I think stood any real chance of being played live by this lineup:

The Mirror
TGP
Take the Time (though they could use it in a medley, ans skip the opening verse)
6DoiT (the MP parts)
8vm
ACoS
Quote from: parallax
QuoteWHEN WILL YOU ADRESS MY MONKEY ARGUMENT?? ?? NEVER?? ?? THAT\' WHAT I FIGURED.: lol[\quote]

Zook

Can't Roadrunner do something? Don't they technically own Dream Theater right now?

wilgod3p


Aniland

I really don't think Dream Theater will lose their name, even if that is what the translation is saying.

ReaPsTA


VioletS16

I think it would be awesome for DT to go back under the name Majesty, although very very very extremely unlikely.
What about the name "The Fantastic Five" and James will change his name to Captain James Sparrow, Mike will change his name to Genie, Jordan will go by Wizard, JP will go by Bear and JMX will be Ninja. It'll be perfect!

Chrissalix

Quote from: Zook on August 27, 2011, 01:41:46 PM
Can't Roadrunner do something? Don't they technically own Dream Theater right now?

You would think so. They're probably the second biggest name on that label after Slipknot now. A change of name would be disastrous for both band and label.

However, Portnoy left out of his own volition. Surely that means he knowingly loses out on any rights he had on the name, as he is not in the band anymore. Much like when someone leaves a company and forfeits their stake of bonus money or so on and so forth. MP is maybe due royalties from the back catalogue but the name is the band. Much like when DS/KM left, they got a lump sum in place of royalties. If it's done by founder members, surely JM and/or JP could buy him out with some assistance from the label?

Aniland

They should name themselves something that makes no sense.

like Sunny Side Up

VioletS16

Just to add, MP really isn't helping his cause right now. With all the drama he's turned a lot of people against him and this is going to turn people against him more...so many once dedicated and loving fans (such as myself) have lost all respect for him now. Which is such a pity because deep down he is such a great person and phenomenal drummer...

Jaffa

Quote from: millahh on August 27, 2011, 01:25:21 PM
Ok, so what all  songs would we lose if MP lyrics are out:

ACOS
The entirety of the AA saga (though only TGP strikes me as "notable")
Take The Time
Home
8vm
Strange Deja Vu

I weep for these.

Zook

I was under the impression that when you signed with a label, you signed over the rights to songs and everything. That's one of the issues Jon Schaffer had with Century Media. He could do anything with the old songs until the contract expired.

Zook


Chrissalix

Quote from: Zook on August 27, 2011, 01:50:21 PM
I was under the impression that when you signed with a label, you signed over the rights to songs and everything. That's one of the issues Jon Schaffer had with Century Media. He could do anything with the old songs until the contract expired.

So the Elektra/ATCO stuff is fair game to be fought over but MP can't get his hands on anything done for RR?

MP needs to walk away from this or his rep with DT fans will be permanently ruined.


Zook

What is it, Aniland? I'm too lazy to get up and go to the computer.

orcus116

I can not possibly imagine Portnoy's defense in terms of the band name other than "But my father helped name the band!". I'm pretty sure there's very little legal backing to that at all, though bosk might be able to chime in on it.

Quote from: ReaPsTA on August 27, 2011, 01:40:40 PM
Quote from: Mladen on August 27, 2011, 01:38:03 PM
Never say never. Pink Floyd and Roger Waters went through some incredible silly feuds, yet they managed to reunite for a couple of shows. Not that I'd like MP to return after all this craziness, though.

Years and years down the line there could be a reunion show.  But I remember Eddie Trunk saying on his radio show something like 'I'm telling you Mike, everyone I talk to keeps telling me that they can't imagine that at some point a few years down the road you won't be rejoining Dream Theater."

I'm assuming ET and his friends were relatively well informed about what was happening between MP and DT.  So how could they have possibly reached this conclusion?

When the last time Trunk said anything negative regarding Mike to Mike himself?

Jarlaxle

Quote from: Mladen on August 27, 2011, 01:38:03 PM
Quote from: Jarlaxle on August 27, 2011, 12:58:42 PM
Yeah, I think this officially puts the final nail in MP's coffin, he will never be returning to DT ever again. I would imagine JLB would quit if that were to happen.
Never say never. Pink Floyd and Roger Waters went through some incredible silly feuds, yet they managed to reunite for a couple of shows. Not that I'd like MP to return after all this craziness, though.

Just to clarify, I never have nor will I ever hope he returns. Mike Mangini is the new man.


ehra

Quote from: Jamariquay on August 27, 2011, 01:19:21 PM
If worse comes to worse, Dream Theater can always just change their name to "Eat My Ass And Balls."



I like Dream Theatre better.

ReaPsTA

Quote from: Zook on August 27, 2011, 01:50:21 PM
I was under the impression that when you signed with a label, you signed over the rights to songs and everything. That's one of the issues Jon Schaffer had with Century Media. He could do anything with the old songs until the contract expired.

Maybe this can happen, but I'm not aware of any of this being the case with DT.  They own the songs, which is why they can still play their first eight albums live even though they aren't Roadrunner.


Gadough

Quote from: KevShmev on August 27, 2011, 12:38:51 PMThese things are part of life, no matter if you are a cookie seller or musician

I know there are more serious issues at hand here, but did anyone else laugh at this? :lol

Adami

Quote from: ReaPsTA on August 27, 2011, 02:02:55 PM
Quote from: Zook on August 27, 2011, 01:50:21 PM
I was under the impression that when you signed with a label, you signed over the rights to songs and everything. That's one of the issues Jon Schaffer had with Century Media. He could do anything with the old songs until the contract expired.

Maybe this can happen, but I'm not aware of any of this being the case with DT.  They own the songs, which is why they can still play their first eight albums live even though they aren't Roadrunner.

I think it depends on the contract and how powerful the band is to reject that kind of contract but still get signed. Obviously Iced Earth wasn't, but DT is.
www. fanticide.bandcamp . com

ReaPsTA

I looked up the Rogers/Floyd feud.  The parallels are creepy.

ReaPsTA

Quote from: Adami on August 27, 2011, 02:04:38 PM
Quote from: ReaPsTA on August 27, 2011, 02:02:55 PM
Quote from: Zook on August 27, 2011, 01:50:21 PM
I was under the impression that when you signed with a label, you signed over the rights to songs and everything. That's one of the issues Jon Schaffer had with Century Media. He could do anything with the old songs until the contract expired.

Maybe this can happen, but I'm not aware of any of this being the case with DT.  They own the songs, which is why they can still play their first eight albums live even though they aren't Roadrunner.

I think it depends on the contract and how powerful the band is to reject that kind of contract but still get signed. Obviously Iced Earth wasn't, but DT is.

Other thing worth noting, Score was released on Rhino records.  I really don't think this could happen if the songs were owned by Atlantic.

snapple

I wouldn't be concerned in the slightest. 2/3 of the original members are in the band. Be gracious for what you've had. It's funny, because the last song of the AA suite talked about being nice and not a dick hole. Wish Mike would apply that stuff to the other parts of his life.

millahh

Quote from: ReaPsTA on August 27, 2011, 02:05:23 PM
I looked up the Rogers/Floyd feud.  The parallels are creepy.

And hasn't MP always said that he philosophically sided with Waters?
Quote from: parallax
QuoteWHEN WILL YOU ADRESS MY MONKEY ARGUMENT?? ?? NEVER?? ?? THAT\' WHAT I FIGURED.: lol[\quote]