MP has filed a lawsuit against Dream Theater

[kijuer]

So far, he could be an excellent Prime minister here in Italy...

[Fluffy Lothario]

You know, there's so much I could say, but I'll leave it at one line.

As ye sow, so shall ye reap.

[Kotowboy]

Indeed.

[InertSolo]

I took some more time to read the thread after my initial shock but now I'm a bit more level-headed about the situation so I'm going to reserve any further judgement until we get some real clarification from particularly Portnoy if he chooses to elaborate on the situation since I'm sure he will be asked. Things like this are hardly as black and white as they initially appear.

[Kotowboy]

Self confessed control freak doesn't get what he wants. It's a shock to the system. He assumes band will just give up their jobs and wait if he takes a break. They don't. He quits. They carry on. He tries to sue band for carrying on?

[Knguro]

Mike Portnoy raises a child.

Mike Portnoy gives the child away to a new mommy.

Mike Portnoy sues the child.

What.

This shit really made me laugh!

[Liberation]

Self confessed control freak doesn't get what he wants. It's a shock to the system. He assumes band will just give up their jobs and wait if he takes a break. They don't. He quits. They carry on. He tries to sue band for carrying on?

I'll be straightforward and honest, I'm pretty certain everyone is AT LEAST disappointed with what has been revealed and his behaviour, but your obsessive attempts at bashing him in any way possible is seriously getting on my nerves. It's not constructive, it's not useful, it doesn't contribute anything. You hate him, cool, you've demonstrated that about 50 times the past week. It's enough, really.

[Buckethead]

What a silly mess! Who would've ever thought Portnoy would have left the band and made Kevin leaving the band look good. This is just a shame that it had to happen to a band that always had such a prestige with the name. Now it's starting to look like an episode of Maury or judge Joe Brown.

[ReaPsTA]

Something else I don't understand.

There was a 100% chance this lawsuit would eventually be uncovered.  It's a matter of public record.  Clearly, MP did not anticipate the story blowing up today.

But what was his endgame.  Assuming he knew it would come out, under what circumstances did he anticipate the internet finding out about it?

I took some more time to read the thread after my initial shock but now I'm a bit more level-headed about the situation so I'm going to reserve any further judgement until we get some real clarification from particularly Portnoy if he chooses to elaborate on the situation since I'm sure he will be asked. Things like this are hardly as black and white as they initially appear.

Here's what the court document says (I'm leaving the addresses out - obviously):

MIKE  PORTNOY,
Plainnff,
-against-
JOHN  PETRUCCI,  JOHN  MYUNG, JAMES
LaBRIE, JORDAN  RUDESS, YTSE JAMS,
INC.  and  INFINITIY  TOURS,  INC. ,

TO THE  ABOVE  NAMED  DEFENDANTS:
YOU  ARE  HEREBY SUMMONED  to  serve  a notice  of appearance  on  the
plaintift's  attorneys  within  20 days  after  service  of this  summons,  exclusive  of the  day  of service
(or within  30 days  after  service  is  complete  if this  summons  is  not  personally  delivered  to  you
within  thc  State  of New  York);  and  in  case  of your  failure  to  appear,  judgment  will  be  taken
against  you  by  default  for  the  relief  demanded  below.
Dated:  New  York,  New  York
April  19, 2011

NOTICE
The  nature  of the  action  is:
Plaintiff  is  one  of the  founding  members  of a rock  band  (the  "Band" ) and  one  of the
founding  and  current  shareholders  of the  defendant  corporations.  Defendants  Petrucci  and
Myung  are  the  other  founding  members  of the  Band  and  thc  other  founding  and  current
shareholders  of the  defendant  corporations.  The  individual  defendants  claim  to  be  the  current
members  of the  Band.
In  brcach  of contract  and  breach  of fiduciary  duty,  defendants:
(1) Have  wrongfully  excluded  plaintiff  from  the  Band;
(2) Are  wrongfully  using  the  name  of the  Band  in  connection  with  thc  individual
defendants'  recording  of an  album,  without  the  participation  or  consent  of plaintiff;
and
(3) 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
plainnff.
The  relief  sought  is:
l.  A judicial  declarahon  that  defendants  may  not  use  the  name  of the  Band
(including  in  connecnon  with  the  making  of recordings  and  the  promotion  of live  performances)
without  plaintiff  s  consent;
2.  An  injunction  restraining  defendants  from  using  the  name  of the  Band
(including  in  connection  with  the  making  of recordings  and  the  promotion  of live  performances)
without  plaintifF  s  consent;  and
3.  An  awatd  of damages  in  an  amount  to  be  determined  at  trial.
Upon  your  failure  to timely  appear,  judgment  will  be taken  against  you  by
default  for the  declaratory  and  injunctive  relief  sought  herein,  an  amount  of damages  to be
determined  (together  with  interest  thereon),  and  the  costs  and  disbursements  of this  action.

I know that we don't know everything, but I don't see where the ambiguity here is.  Not only is it scummy to sue the band for their name, which we know is happening because it's public record, but I feel particularly slighted by the fact he made every effort to say and indicate the lawsuit wasn't happening when it in fact was.

[dbrooks22]

Hey Bosk - can i used the term "legal moves" now?

[Liberation]

Well... this looks pretty straightforward indeed.

[ReaPsTA]

What a silly mess! Who would've ever thought Portnoy would have left the band and made Kevin leaving the band look good. This is just a shame that it had to happen to a band that always had such a prestige with the name. Now it's starting to look like an episode of Maury or judge Joe Brown.

I had the best/worst idea of all time.  Sequel to The Spirit Carries On?  Oh hell yes, and I even have a title:

The Great Debate

[Kotowboy]

(1) Have  wrongfully  excluded  plaintiff  from  the  Band;

Nope.

[Kotowboy]

What a silly mess! Who would've ever thought Portnoy would have left the band and made Kevin leaving the band look good. This is just a shame that it had to happen to a band that always had such a prestige with the name. Now it's starting to look like an episode of Maury or judge Joe Brown.

I had the best/worst idea of all time.  Sequel to The Spirit Carries On?  Oh hell yes, and I even have a title:

The Great Debate

The Dream Carries On.

[Orbert]

So Wey is back?  Disappointing.  His leaving was actually the most interesting development of all.  Nothing else was really surprising.

[Jaq]

Oh Mike 

[Kotowboy]

So Wey is back?  Disappointing.  His leaving was actually the most interesting development of all.  Nothing else was really surprising.

His statement was all in PAST tense. I think he has still quit but is just clearing things up.

[millahh]

So Wey is back?  Disappointing.  His leaving was actually the most interesting development of all.  Nothing else was really surprising.

I don't know that he is...he was still talking as though him being the admin was something in the past.

CORRECTION:  He has "moderator" under his name again.

[Adami]

Looks like he's not trying to take the name away, just wants to retain control over it.


Seems odd.

[InertSolo]

I know that we don't know everything, but I don't see where the ambiguity here is.  Not only is it scummy to sue the band for their name, which we know is happening because it's public record, but I feel particularly slighted by the fact he made every effort to say and indicate the lawsuit wasn't happening when it in fact was.

Thanks for the information there, what's on the order is very clear-cut I agree but I'm just wondering about the state of affairs now as if Mike is still keeping this up since it's from a few months ago, according to his messages on his fan page however, it seems like it's still going on. Guess all that's left for us is to wait it out and see how everything unfolds.

[ReaPsTA]

After reading the summons a bunch of times, I think I finally understand what MP's legal argument is, however flimsy:

Basically, I think he's claiming that while he might have left the band in a musical sense, he did not resign from either of the corporations the band relies on to conduct its business.  Because the corporations are conducting the band's business without his input even though he's a member, they are unjustly excluding him.

I know less than nothing about how this kind of law works, but isn't 'I'm leaving Dream Theater' a pretty all-inclusive statement?  Especially in the context of everything else in the letter about not getting in their way.

Actually, that's a pretty interesting sub-plot of all this.  MP's farewell to DT letter has become one of the most important things he ever wrote, given that it's the only written record of his separation from the band that I'm aware of.

Looks like he's not trying to take the name away, just wants to retain control over it.


Seems odd.

Functionally, these are both the same thing.  If DT had to get permission to use the name "Dream Theater" from Portnoy, their careers would be in very serious jeopardy.

[Kotowboy]

a.) How can you possibly hope to control a band when YOU QUIT.

b.) If the case was filed back in April, surely the band couldn't have been able to record and release under the name Dream Theater and go on tour ?

[johncal]

Looks like he's not trying to take the name away, just wants to retain control over it.


Seems odd.

He may want them to have to acknowledge permission to use the name so that if any payment issues came up in the future he'd have additional legal recourse. I'm only guessing, but Lawyers try to get all those kinds of things thrown together so there's something to negotiate in a settlement. Later on they'll give up the claim in exchange for getting what they want on royalties or something like that. Again just speculating.

[millahh]

b.) If the case was filed back in April, surely the band couldn't have been able to record and release under the name Dream Theater and go on tour ?

Unless an injunction was issued against the band, there's nothing stopping them.

In fact, I wonder if doing so may have benefited them (Possession is 9/10...)

[gentaishinigami]

a.) How can you possibly hope to control a band when YOU QUIT.

b.) If the case was filed back in April, surely the band couldn't have been able to record and release under the name Dream Theater and go on tour ?

Filing a suit doesn't do diddly to stop them from using the name as they see fit.  That will only happen with a preliminary injunction (which obviously was not granted) or the resolution of the case being in MP's favor.  They can continue to spam the name to death until then and there is nothing he can do about it but wait for the court date.

Lawsuits take a LONG time for anything to happen.  Usually these things will take years to settle especially if they force it all the way to court and don't settle in mediation.

[bosk1]

Hey Bosk - can i used the term "legal moves" now?

Yes.

a.) How can you possibly hope to control a band when YOU QUIT.

b.) If the case was filed back in April, surely the band couldn't have been able to record and release under the name Dream Theater and go on tour ?

a)  Because he is an owner.
b)  Sure they could.  The fact that a lawsuit has been filed doesn't prevent them from doing anything if the lawsuit hasn't been decided yet.

[ReaPsTA]

a)  Because he is an owner.

But, since I'm not a lawyer, I don't understand how he can be an owner of a band that he quit.

[Kotowboy]

DT should try and get another album out in the interim if that is the case 

2013 " You are hereby denied the rights to the name Dream Theater "

Don't care - released two albums already !!

[Adami]

a)  Because he is an owner.

But, since I'm not a lawyer, I don't understand how he can be an owner of a band that he quit.

I would assume that he only quit superficially. Since it's a corporation, he'd have to sign off control to actually quit, which he may not have ever done. Saying "I quit" might not be enough. Hell, this is too crazy, remember when bands just played music together?

[johncal]

 
[/quote]

Functionally, these are both the same thing.  If DT had to get permission to use the name "Dream Theater" from Portnoy, their careers would be in very serious jeopardy.
[/quote]

How would their careers be in serious jeopardy? They could just change their name. We all know who they are and would still buy their records. Who cares about their name, it's what they do that we love.

When Andeson, Bruford,Wakeman and Howe couldn't use Yes's name they called themselves............. Didn't hurt them at all.

4XJ&M. There a new name

[Kotowboy]

Gah. I hope that if it reaches court - it goes crushingly in favour of the band.

Embarrassingly so.

[ReaPsTA]

a)  Because he is an owner.

But, since I'm not a lawyer, I don't understand how he can be an owner of a band that he quit.

I would assume that he only quit superficially. Since it's a corporation, he'd have to sign off control to actually quit, which he may not have ever done. Saying "I quit" might not be enough. Hell, this is too crazy, remember when bands just played music together?

Heh.

Isn't a letter publicly announcing that you're leaving the band pretty much quitting?  My mind would be blown, in the worst way possible, if a judge gave him any real control of the name.

[Kotowboy]

I vote for Daydream Cinema.

Or something as close to Dream Theater as they possibly can within the law. Juuuust close enough to annoy a certain someone 

[Kotowboy]

Dream Arena ?

[ReaPsTA]

Also, JP's statement in that German interview became a lot more important.  If I remember correctly, he said the band's name belonged to them, period.  I guess they won't be backing down.