MP has filed a lawsuit against Dream Theater

[ResultsMayVary]

"The guys won't talk to me, I have to talk to their lawyer...."

[tri.ad]

Oh dear, Portnoy...

I don't know what will come out of it (assuming that the lawsuit is still going on), but filing this lawsuit alone is very, very sad.

[Kotowboy]

He's just pathetic. He's a 44 grown man acting as a child against people he knew for 25 years, when he's the reason of the split. The little respect I had for him has gone away.

+1

[Aramatheis]

well, I'm still a fan of Mike Portnoy the musician, but goddamn Mike Portnoy the person has lost all of my respect.

[Slain]

How can he expect to eventually get back with DT, or even play with the guys again on some sort of reunion tour if he did this? What did he expect to do if he won in court anyway?

I would say that they could use the name "Nightmare Cinema" if they somehow lost the rights, but DS would probably file a lawsuit.

[bosk1]

El barto, that thing reads like he wanted to stop them from using the Dream Theater name.  If it was just for securing monies for royalties and whatnot (like if they disagreed on how much he should get), that would be one thing, but this is another.

I dunno, that was my very first thought, but then it does seem like it would be a stupid thing to do, plus the "without plaintiff's consent" wording made me think it's more likely about the money. Also the stuff that JR and JP were saying made it seem that way as well. Or at least that was my interpretation of it at the time.

Hard to say though, and whichever way round it is, it was a low move.

Keep in mind that a lawyer prepared the paperwork, not MP.  The way the document is styled may have no resemblance to what Portnoy is actually after, but may have been styled that way by the lawyer just as leverage to achieve some other goal (for example, to leverage a cash payout).  We just don't know.

How can he expect to eventually get back with DT, or even play with the guys again on some sort of reunion tour if he did this? What did he expect to do if he won in court anyway?

He may not even think he has a serious chance of winning.  See my comment above.

[DarkLord_Lalinc]

The man needs a drink.

[Jamesman42]

The man needs a drink.

Hahahahahaha yes.

[Deadpool]

What a dramatic turn of events.

[Kotowboy]

The man needs to be fired from AM for being too press release happy.

FTFY 

[ariich]

He's just pathetic. He's a 44 grown man acting as a child against people he knew for 25 years, when he's the reason of the split. The little respect I had for him has gone away.

+1

I already warned him for that post, why on earth would you +1 it?!

Keep in mind that a lawyer prepared the paperwork, not MP.  The way the document is styled may have no resemblance to what Portnoy is actually after, but may have been styled that way by the lawyer just as leverage to achieve some other goal (for example, to leverage a cash payout).  We just don't know.

Very good point. Can you tell I'm not a lawyer?

[jingle.boy]

"The guys won't talk to me, I have to talk to their lawyer...."

Yeah, that's hillarious knowing what we know now.  Some of the statements in the claim are just 

Have wrongfully excluded plaintiff from the Band

Clearly, even thought he quit (and he still has it listed at his website (https://www.mikeportnoy.com/forum/m2585154.aspx - "After 25 years, I have decided to leave Dream Theater"), this wording suggests he's trying to say he was coerced to quit.

Are wrongfully using the name of the Band in connection with the individual defendants' recording of an album, without the participation or consent of plaintiff;

WTF?  He's trying to say they can't record an album using Dream Theater's name without him participating or saying it's ok to do so.  Ok, whatever.

However, let's put it in perspective folks... this is just *surfacing* now, but actually happened 5 months ago.  Let's take his actual statements in last few months as the person that he is.  I can't say I've lost any more respect for him, just very confused and annoyed at the way he portray's himself (or perhaps the way the interwebz media portrays him).

I'm also annoyed that we may never hear TBOT or the AA Saga live.  I was always holding out hope for some kind of reunion for that.  Now, the likelihood seems very dim.

[Progmetty]

In addition, the drummer's complaint, which was filed on April 27, alleges that the defendants — John Petrucci (guitar), John Myung (bass), Jordan Rudess (keyboards), James LaBrie (vocals), along with associated companies Ytse Jam, Inc. and Infinity Tours, Inc. — "are wrongfully using the name of the band in connection with the promotion of live performances by the individual defendants, without the participation or consent of [Portnoy]."

My neutrality with MP is over. No more excuses to tell myself of how he behaves.
Defendants?  Petrucci gets called a defendant? Myung, LaBrie? Jordan fuckin Rudess gets called a defendant? This beautiful being? This label has been put for a second of time on these kind, classy, creative, hard working artists?
And why? because they wouldn't stop creating and playing the music they love to the fans that adore them? Portnoy doesn't deserve to be in the band with them. Hell he doesn't deserve to co-exist with them.
MP can sink so low? How fast did he throw everything he felt and learnt in the 12 step program? or was everything in the songs bull shit?
There's a saying in my language about how betraying people you sat down the dinner table and ate with is only in the capacity of the lowest.
And then Nick you ask us for respect? for who? people here almost get banned for suggesting JP stole a lyrical idea from a book! This guy is basically calling Dream Theater a bunch of crooks.
I thought the legal action thing was and would always be a joke. This is a complete shock and a massive disappointment. Sad panda ain't sad enough.

[Orbert]

Now can I say my respect has been lost?

Only if you do it respectfully.

[Deadpool]

In addition, the drummer's complaint, which was filed on April 27, alleges that the defendants — John Petrucci (guitar), John Myung (bass), Jordan Rudess (keyboards), James LaBrie (vocals), along with associated companies Ytse Jam, Inc. and Infinity Tours, Inc. — "are wrongfully using the name of the band in connection with the promotion of live performances by the individual defendants, without the participation or consent of [Portnoy]."

My neutrality with MP is over. No more excuses to tell myself of how he behaves.
Defendants?  Petrucci gets called a defendant? Myung, LaBrie? Jordan fuckin Rudess gets called a defendant? This beautiful being? This label has been put for a second of time on these kind, classy, creative, hard working artists?
And why? because they wouldn't stop creating and playing the music they love to the fans that adore them? Portnoy doesn't deserve to be in the band with them. Hell he doesn't deserve to co-exist with them.
MP can sink so low? How fast did he throw everything he felt and learnt in the 12 step program? or was everything in the songs bull shit?
There's a saying in my language about how betraying people you sat down the dinner table and ate with is only in the capacity of the lowest.
And then Nick you ask us for respect? for who? people here almost get banned for suggesting JP stole a lyrical idea from a book! This guy is basically calling Dream Theater a bunch of crooks.
I thought the legal action thing was and would always be a joke. This is a complete shock and a massive disappointment. Sad panda ain't sad enough.

High Five! o/

[bosk1]

Defendants?  Petrucci gets called a defendant? Myung, LaBrie? Jordan fuckin Rudess gets called a defendant? This beautiful being? This label has been put for a second of time on these kind, classy, creative, hard working artists?
And why? because they wouldn't stop creating and playing the music they love to the fans that adore them?

  Um...no, they're called "defendants" because that is the proper term for parties who are the respondents in a lawsuit filed against them.  There's nothing wrong with that term.

[El Barto]

El barto, that thing reads like he wanted to stop them from using the Dream Theater name.  If it was just for securing monies for royalties and whatnot (like if they disagreed on how much he should get), that would be one thing, but this is another.

Also, Floyd didn't win a lawsuit per se, but Waters attempt to stop them from using the Pink Floyd name failed miserably.

Somebody earlier used the expression "throwing a bunch of shit at the wall to see what stuck,"  and Bosk (though not quite as poetically) suggested the same thing.  I doubt he was after money, either.  I'm guessing he was just wanting to secure is interest in DT as a matter of principle.  I don't think he would have really wanted the injunction, nor a monthly payout for use of the name.  Just a formal recognition that it is partially is, and the for his departure took doesn't really effect that.

[Mebert78]

Wow, I'm speechless reading this news.  And seeing MP's comments on the I&W/ADToE song structure thing a couple weeks ago, I can't help but think he might be inclined to test the waters and file another lawsuit with regard to that.  Why the need to stick it to DT?  Most of his fans for future projects are going to be DT fans that followed him to support him.  He's alienating his fans with moves like this.  Just go quietly like Kevin did and do your thing.

[N4Player]

If this only serves to cement Mike Mangini's place in the band, then I am fine with it. I just hope an amicable settlement can be reached soon and everyone involved with Dream Theater past and present can move on with their lives. So many sections of ADTOE would not have been the way they are without the current lineup. For that reason alone I like what the future holds for Dream Theater with JP and JR leading the way, James being given the freedom to sing the way he wants to, JM audible, and MM focused on what he can bring to the table as the drummer.

[Dynia]

Oh god, how disappointing to hear that he actually sued them 


Oh well, i don't think there is a chance of him winning the lawsuit anyway.

[snapple]

From Wey at MP.com forums

I can no longer be a party to cleaning up these messes. After working for Mike for peanuts and perks for 11 and a half years, Todays revealing by Blabbermouth is pretty much the final straw. I feel that I have been lied to after doing all that I can to keep this site peaceful, free of the bullshit drama and going to bat for MP and defending him to the point where I feel sometimes that I am the most hated person in the Dream Theater community. I can no longer feel that my integrity and morals are not compromised.

Those of you that want or need to get ahold of me, know how to find me. If not, a simple check of Google will provide you with 5 other emails you can use to contact me. I'll check in every now and again, but at this time, my post will probably be removed and my IP address banned.

[phentalmyst]

beat me to it...

[Kotowboy]

Marriage Analogy time since Portnoy loves them so much.

This is a bit like siding with one parent after a divorce but then finding out your Dad was a control freak who tried to sue for 100% Custody even though you Mum had never done anything wrong in the first place.

[ariich]

Wow, I'm speechless reading this news.  And seeing MP's comments on the I&W/ADToE song structure thing a couple weeks ago, I can't help but think he might be inclined to test the waters and file another lawsuit with regard to that.  Why the need to stick it to DT?  Most of his fans for future projects are going to be DT fans that followed him to support him.  He's alienating his fans with moves like this.  Just go quietly like Kevin did and do your thing.

I would imagine he probably regrets even trying this now. It happened at a time when, I imagine, he was at his lowest emotionally. I'd be very interested to read his comments on it though, to see what he says about it now.

[KevShmev]

From Wey at MP.com forums

I can no longer be a party to cleaning up these messes. After working for Mike for peanuts and perks for 11 and a half years, Todays revealing by Blabbermouth is pretty much the final straw. I feel that I have been lied to after doing all that I can to keep this site peaceful, free of the bullshit drama and going to bat for MP and defending him to the point where I feel sometimes that I am the most hated person in the Dream Theater community. I can no longer feel that my integrity and morals are not compromised.

Those of you that want or need to get ahold of me, know how to find me. If not, a simple check of Google will provide you with 5 other emails you can use to contact me. I'll check in every now and again, but at this time, my post will probably be removed and my IP address banned.

Wow.  Even Weymolith has finally seen the light.

[KevShmev]

Also, does everyone realize that this lawsuit was filed right around the time that the documentary shorts announcing Mike Mangini as the new drummer were being shown?

[El Barto]

From Wey at MP.com forums

I can no longer be a party to cleaning up these messes. After working for Mike for peanuts and perks for 11 and a half years, Todays revealing by Blabbermouth is pretty much the final straw. I feel that I have been lied to after doing all that I can to keep this site peaceful, free of the bullshit drama and going to bat for MP and defending him to the point where I feel sometimes that I am the most hated person in the Dream Theater community. I can no longer feel that my integrity and morals are not compromised.

Those of you that want or need to get ahold of me, know how to find me. If not, a simple check of Google will provide you with 5 other emails you can use to contact me. I'll check in every now and again, but at this time, my post will probably be removed and my IP address banned.

Holy fuck.  I actually gained a bit of respect for the guy.

[Dublagent66]

Well, there goes any possibility that LTE might have another reunion tour or even a new album like I had hoped.   Now I'm really gonna be sad listening to the Live in LA stuff. 

[Nihil-Morari]

Wow, even Wey. This is a real bummer man. He's taking everything down with him.

Well. So be it.

[yeshaberto]

I have great respect for mp and will hold judgment until I hear his side but very disappointing news

[tri.ad]

Also, does everyone realize that this lawsuit was filed right around the time that the documentary shorts announcing Mike Mangini as the new drummer were being shown?

I knew that there was something big going on that week. It just slipped my mind.

[snapple]

Wey is a really nice guy. A little harsh at times, but the guy went through a TON of shit. I don't know if I agree with how fast he made the decision, but he is also employed by Dream Theater. Can't blame him.

[Progmetty]

Defendants?  Petrucci gets called a defendant? Myung, LaBrie? Jordan fuckin Rudess gets called a defendant? This beautiful being? This label has been put for a second of time on these kind, classy, creative, hard working artists?
And why? because they wouldn't stop creating and playing the music they love to the fans that adore them?

  Um...no, they're called "defendants" because that is the proper term for parties who are the respondents in a lawsuit filed against them.  There's nothing wrong with that term.

Forget proper. It's a bad thing to be refereed to as a defendant! Why put someone in this situation? And we're not talking about Dave Mustaine or Ozzy Osborne. These are not the usual been-mugshoted-drunk-driving musicians.

Keep in mind that a lawyer prepared the paperwork, not MP.  The way the document is styled may have no resemblance to what Portnoy is actually after, but may have been styled that way by the lawyer just as leverage to achieve some other goal (for example, to leverage a cash payout).  We just don't know.

There's no doubt the lawyer prepared the paperwork. Mike only told the lawyer "I want these guys to eat my ass and balls" and the lawyer translated that into the legal document and persuaded MP to leave any mention of his organs out of it.
But in all seriousness; Mike is not doing this for money. This is clear unfiltered spite.

[Nathan Explosion]

Unbelievable, I could never see myself suing friends I knew for 25 years, over something I chose to quit.  Did he really think that "oh well if I quit then they will have to disband, then my plan to have a hiatus will work anyway",  no he quit because he knew they were going to keep making music and touring.   

The thing with the Roger Waters/Pink Floyd was they were all incredibly unhappy with each other, namely Roger and the rest of the band.  I remember reading that Waters and Gilmour were so unhappy with each other that the Final Cut was written separately and then they would occasionally come together to share what they had written.  With the clips of the making of BCSL, they seemed tighter than ever, although obviously this wasn't completely the case.   

I was already very happy with Mangini, but in cases like this, his humbleness makes me like him that much more. 

[Millais]

But in all seriousness; Mike is not doing this for money. This is clear unfiltered spite.