I don't see anything wrong with the stance he took here, although I don't buy his "I didn't think about it" line about getting the rights to the 12SS. We are supposed to believe that someone as OCD, anal and detail-oriented as Mike Portnoy simply didn't think about trying to get the rights to "his concept and his baby" during the split? No freaking way. I just think his pride won't let him admit that quitting the band the way he did probably took away most of his leverage when it came to such demands.
Also, regarding the comments about Floyd, no way did Roger Waters get the last laugh. Pink Floyd is retired, so it's not like they couldn't decide to tour tomorrow, even without Richard Wright, and not make more money that any of us could count. They simply have chosen not to work since the mid 90s, except for the Live 8 one-off. I mean, props to Waters for making boatloads of cash the last few years by being a nostalgia act, something Floyd never resorted to being, but let's have some perspective here, eh?