NO Pending lawsuit between Mike Portnoy and Dream Theater

[Samsara]

Mike's attorney filed a summons without the complaint, and appears to have voluntarily dropped the suit before it got going.

Smart move, because anyone remotely versed in copyright, trademark and intellectual property law in general should realize MP's chances of getting claim of the DT name, with JP and JM still in the band, was pretty much nil.

I am sure there was some settlement to make this all go away. That is why MP won't talk. Makes sense. Doesn't change the fact MP looks even more horrendous after this summons came to light.

[Saiko]

Wouldn't it have been a lot easier for BOTH sides to have made a statement from the beginning that it is a legal matter and they can't discuss it?

They did.

The first I remember hearing some speculation about some litigation involved was when the set lists from the summer festival tour started popping up and they were no songs written by MP. I seem to recall JR even being asked about it in an interview, and he said it was just a coincidence (which it may well have been). I honestly don't remember either side stating that it was specifically a legal matter until a little later on.
But I'm old and probably just don't remember.

[ariich]

Doesn't change the fact MP looks even more horrendous after this summons came to light.

I wouldn't go so far as to use the word "horrendous", but yeah he undoubtedly looks worse for having filed the summons in the first place. But he looks a lot less bad that he did when we thought the summons had actually been served and/or a lawsuit filed. You win some, you lose some.

[ariich]

Wouldn't it have been a lot easier for BOTH sides to have made a statement from the beginning that it is a legal matter and they can't discuss it?

They did.

The first I remember hearing some speculation about some litigation involved was when the set lists from the summer festival tour started popping up and they were no songs written by MP. I seem to recall JR even being asked about it in an interview, and he said it was just a coincidence (which it may well have been). I honestly don't remember either side stating that it was specifically a legal matter until a little later on.
But I'm old and probably just don't remember.

There's nothing to say that it is a legal matter, and for all we know it genuinely was a coincidence. There was an interview where they were asked about legal issues more generally, and they basically said there had been legal negotiations/discussions but implied that they couldn't discuss it. I can't remember the exact wording, but it was a fairly recent interview, last couple of months at most.

[bosk1]

anyone remotely versed in copyright, trademark and intellectual property law in general should realize MP's chances of getting claim of the DT name, with JP and JM still in the band, was pretty much nil.

Pretty much, but straight intellectual property law is only part of the picture.  Mike's contract with the band, the corporate bylaws, and other documents that we are not privy to may lay out specific details about who owns what and how.  Bottom line is, while we can make pretty good educated guesses about all of this based on basic legal principles and how these things usually go with bands that have fought over these issues in the past, there are enough variables that we are completely clueless about. 

I am sure there was some settlement to make this all go away. That is why MP won't talk.

Almost assuredly.  The only issue is whether it is finalized, or whether the negotiations are still ongoing.  While I would expect that this is resolved given the amount of time that has passed since Mike's departure, it isn't uncommon for these kinds of negotiations to drag on for years.  The bigger the slice of the pie at stake and the stronger the personalities, the longer the negotiations sometimes take. 

[Adami]

Can't the majority stock holders just vote Portnoy out?

[ariich]

Can't the majority stock holders just vote Portnoy out?

If we're using the company analogy, the shareholders can vote to dismiss a director or (I believe) any employee. But they can't vote out another shareholder. They own the shares and can do what they like with them.

[CodyWanKenobi]

You know what? Fuck all of this. I absolutely love Dream Theater, and I love Mike Portnoy. That's all that matters to me, and I especially can't believe I took ANYTHING I read on Blabbermouth seriously.

[kirksnosehair]

Been a roller coaster week, for sure.  I fully expected the law suit back when Portnoy was ousted quit gave up his spot in the band because he was hoping for the A7X gig too burned out from playing in a bazillion side projects endless touring / recording / touring cycle with Dream Theater. 

I dunno, I think the band has generally handled themselves with dignity and respect since the split, I don't think I can say the same about Portnoy, at least not with a straight face.  I think he's got quite a bit of damage control to do with his fans. 

[Derango]

I dunno, I think the band has generally handled themselves with dignity and respect since the split, I don't think I can say the same about Portnoy, at least not with a straight face.  I think he's got quite a bit of damage control to do with his fans.

This is my feelings on the matter. I'm just having a hard time reconciling his apparent playing of the victim ("I don't understand why the other guys won't talk to me!")  and his public actions since the split (Nuking the James Labrie tour dates thread because of something James said about the band moving on, liking comments disparaging DT on his facebook fan page and then saying that it's ok/professional because it wasn't HIM saying the stuff, but he just happened to agree with it, the whole summons thing which to me indicates a less than happy breakup).

When this whole thing started I didn't immediately think he was playing the victim...just making a bad choice. Now I'm disgusted enough at his actions and the way he's handling things to have finally decided to leave mp.com and head for greener pastures.

Mike's coming out as the bad guy in all this. It may not be true or how it happened behind the scenes, but every new thing that comes out just paints a worse picture of him. I respect his musical abilities, but my respect for him is shrinking.

[ReaPsTA]

Basic legal question - If DT had ignored the summons, would MP had still won by default?

Wouldn't it have been a lot easier for BOTH sides to have made a statement from the beginning that it is a legal matter and they can't discuss it?

This is the beginning.  DT's lawyer released a statement the next day saying there was no lawsuit.  Since DT is actually trustworthy, things will calm down very quickly.

Still, even filing a court summons over the name is a low thing to do.  And it still makes MP out to be very dirty in these negotiations.  And it still re-contextualizes everything he's ever said about his attempts to make contact with the band.  The only thing I'd say is that at least Wey's actions make a little more sense.

[bosk1]

Basic legal question - If DT had ignored the summons, would MP had still won by default?

No, because:  (1) there was no complaint filed, and (2) the summons was never served.

[ReaPsTA]

Basic legal question - If DT had ignored the summons, would MP had still won by default?

No, because:  (1) there was no complaint filed, and (2) the summons was never served.

If the summons was never served, then why is it on public record?  I'm not saying it was served (we have no reason to believe that).  But it's not like MP's attorneys wrote it up and it ended up on public record for... some reason.  It was definitely a shot across DT's bow in some form.

[bosk1]

Basic legal question - If DT had ignored the summons, would MP had still won by default?

No, because:  (1) there was no complaint filed, and (2) the summons was never served.

If the summons was never served, then why is it on public record? 

Because it was filed with the court.  A plaintiff has to file documents with the court first, and then serve them on the other parties.  Once a document is filed with the court, it is generally public record.

[blackngold29]

...and I especially can't believe I took ANYTHING I read on Blabbermouth seriously.

Can't believe I'm saying this in defense of them, but Blabbermouth didn't do anything wrong this time. Yesterday they reported the content of another site, which was also public record and legitimate news. Today DT's lawyers sent them a note and they published an article about it.

I don't like them throwing all of the 'In this one interview MP said THIS' stuff in at the end because they can imply favor of one side or the other or just stir things up more. Which is why I didn't comment on anything on Ytse Times; I try to be the C-SPAN of DT news for stuff like this.

Not sure why the lawyers singled BM out to send something to though.

[blackngold29]

https://www.mikeportnoy.com/forum/tm.aspx?high&m=2710576&mpage=6#2711506

I did NOT sue them....and second of all, I DESPERATELY tried to discuss matters with them personally to avoid ANYTHING LIKE THIS and yet THEY insisted on only using lawyers...so my lawyers filed those papers (BACK IN APRIL mind you) as that was the position they chose to take...if the band wouldve talked to me, it wouldve NEVER come to that!!!
 
All that aside, this was 6 months ago....so yes indeed, we have all moved on since then...
 
I'm still really not allowed to discuss any of this publically, but I feel everybody's hasty and half-truth filled witchhunt yesterday deserves to be addressed to help at least try to clear my name and reputation that was so wrongly tainted by yesterday's false conclusions...
 
The fact is, when you have a band (or a corporation or marriage) for 25 years there are business and financial things that need to be sorted out behind the scenes...however, it was incredibly LAME of Blabbermouth to exploit these private issues and divulge personal information that is clearly nobody's business other than our own.
 
They are creating hate and negative propaganda and poisoning the minds and spirits of music fans around the world...shame on them.
 
MP

[Millais]

https://www.mikeportnoy.com/forum/tm.aspx?high&m=2710576&mpage=6#2711506

I did NOT sue them....and second of all, I DESPERATELY tried to discuss matters with them personally to avoid ANYTHING LIKE THIS and yet THEY insisted on only using lawyers...so my lawyers filed those papers (BACK IN APRIL mind you) as that was the position they chose to take...if the band wouldve talked to me, it wouldve NEVER come to that!!!

hmm hmm hmm.

[Adami]

Oh good, so it's all DTs fault. Glad we got that cleared up.

[bosk1]

Oh good, so it's all DTs fault. Glad we got that cleared up.

Yeah, if not for that part of it, it actually would have been a good post.

[The Silent Cody]

I don't want to know any word about problems between both sides. I just want to enjoy music... the end.

[blackngold29]

The six months ago thing is a legitimate point. To them this is old news.

The part where he can't talk about it publicly is still very confusing in the light of the news earlier today.

Blabbermouth is a news organization which is usually lame, but didn't do anything wrong in this case. They could have very well published all of the guys' addresses and to my knowledge held back on that. Not the first time he's insulted them, but he often posts and tweets their articles; so that's confusing.

[ReaPsTA]

I did NOT sue them....and second of all, I DESPERATELY tried to discuss matters with them personally to avoid ANYTHING LIKE THIS and yet THEY insisted on only using lawyers

So he's saying DT didn't want to discuss high stakes financial and business matters without using lawyers?

Mind = blown

[zepp-head]

Portnoy just replied to a comment of mine on facebook and addressed me by name.  Kinda shitty that my only interaction with one of my musical heroes is on such terms. 

[kon_jakae]

It is not surprising to me that they (DT current members) let their lawyer speak for them. Instead, it sounds so normal to me. Of course, MP could also have his lawyer deal with it. Actually, I think it is important that he has his lawyer deal with it, as most issues they would have to deal with are business/legal issues which, I believe, quite complicated for a non-lawyer, not to mention the fact that the value of their business is not that small. So, having lawyers to deal with these issues is supposed to sound normal to DT current members and MP. They are professional, so they should play it professionally.

[Orbert]

Can't believe I'm saying this in defense of them, but Blabbermouth didn't do anything wrong this time. Yesterday they reported the content of another site, which was also public record and legitimate news. Today DT's lawyers sent them a note and they published an article about it.

I agree that they didn't actually do anything wrong, but at the same time, it seems like all of the shitstorm here, at mp.com, and elsewhere, was due to Blabbermouth sensationalizing something that happened six months ago.  Is it "news" when it happened that long ago?  Everyone has moved on.  The only possible result from breaking the story now is... exactly what happened.  A bunch of people leaping to conclusions, a lot of actual drama, people getting upset, moderators resigning, getting called by drummer's wives on the phone, then retracting their resignations, and plenty more opportunities for Mike to open his mouth and look bad.

Yes, they are a news site, but did it not even occur to them to report what happened, but also include some kind of sidebar emphasizing that it is old news and things have certainly already moved well beyond where they were?

[Slain]

Who cares

So we shouldn't discuss things involving Dream Theater, on a Dream Theater forum, in a thread about the lawsuit? 

I doubt that the guys in DT will even bother with saying anything on the subject, they don't seem nearly as self-conscious as MP. I can't blame DT for using lawyers, it's probably not as coarse as he's making it seem.

[ReaPsTA]

This also comes back to the whole "some of us chose to live gracefully" thing.  What if, instead of... all this... MP just told them from the beginning he wanted a severance package from the band and that their lawyers should get together to figure this out?  Wouldn't everything have worked out much better?

Also, I can't get over putting the name in the court summons.  I just can't.  It's so wrong.

[Chrissalix]

MP's post is all very well and good but he still doesn't have to go in for rights to the name. He could easily have just let it lie. He's not as innocent as he is making out in that respect. He still filed those papers. If you choose to leave a band, then you forfeit anything like that. When you quit your job for example, you shouldn't expect to get paid by your old company for the rest of your life.

And DT i'm sure just wanted the matters to be resolved professionally. Hence the use of lawyers, so that everything is official.

[bosk1]

It is not surprising to me that they (DT current members) let their lawyer speak for them. Instead, it sounds so normal to me. Of course, MP could also have his lawyer deal with it. Actually, I think it is important that he has his lawyer deal with it, as most issues they would have to deal with are business/legal issues which, I believe, quite complicated for a non-lawyer, not to mention the fact that the value of their business is not that small. So, having lawyers to deal with these issues is supposed to sound normal to DT current members and MP.

Yeah, exactly.  They had to have lawyers involved.  I think Mike is/was just upset that, despite having to have lawyers involved in the business side of it, the band decided that all communication go through the lawyers only.  I totally get where he is coming from.  But even though I don't have any inside scoop on this, given what I know about how these things work, if that was truly what was decided (and I have no reason to doubt that it was), I am almost certain it was something along the lines of DT's lawyers saying to the band, "There's a lot at stake in this negotiation, and given how this went down, it could very well end up in a lawsuit by the time it's over.  You don't want to make a mistake and inadvertently say something that could come back and bite you in a lawsuit, so direct all communications to us to make sure that doesn't happen."  That's just how it works.

[Dublagent66]

I think DT was smart to have their lawyers handle it.  It's smart in any kind of business situation.

[chknptpie]

So DT made him do it? Did they hold a gun to his head?



Is this like a pissing contest? DT lawyer-ed up, so Mike went one step further and had his lawyer actually draft up a suit? "Well since DT did it, I HAD to do this" bullcrap.


... if any of that is overboard, feel free to remove....

[bosk1]

Also, I can't get over putting the name in the court summons.  I just can't.  It's so wrong.

It may very well have been a jerk move on his part.  But then again, it may not.  Giving him the benefit of the doubt, here's what sometimes happens:  Person goes to lawyer.  Lawyer listens to a shortened version of the story, decides what the lawsuit is about, and files the papers without the person having reviewed them, and as a result, they may be completely off track.  It happens all the time.  Could be what happened here.

[Nick]

Looks like a lot of people, myself included owe MP an apology. I kinda figured it wasn't as bad as it had been made out to be, but with this info putting things into perspective it truly makes a lot of sense.

[kon_jakae]

.

[bosk1]

So DT made him do it? Did they hold a gun to his head?



Is this like a pissing contest? DT lawyer-ed up, so Mike went one step further and had his lawyer actually draft up a suit? "Well since DT did it, I HAD to do this" bullcrap.


... if any of that is overboard, feel free to remove....

Unfortunately, sometimes people just become irrational and continue to escalate things when there's no reason to.  It's easy to get so caught up in "I'm the victim, and so-and-so is going to pay" and then to just become more and more set in that opinion every time the other side opens their mouth.  Unfortunately, it's a problem a lot of us are prone to, whether we admit it or not.