If I remember correctly, MP has gone on record stating that he doesn't foresee the Shattered Fortress shows ever getting an official release because he doesn't want to make it a slight against DT. This is just him trying to appease the fans as he always does. At least, that's how I see it.
Found it:
Asked if any of his former bandmates in DREAM THEATER have said anything to him about his decision to perform the band's material without them, and if there are any legal hurdles in him releasing any recordings of him playing the DREAM THEATER music, Portnoy said: "I haven't released the SHATTERED FORTRESS. I have a pro-shot, really well done, filmed and mixed show from that tour, and everybody asks me to release it, but I just kind of have stayed away from it, just because I don't wanna rock the boat.
"I have a really good relationship with John Petrucci and with Jordan [Rudess] these days," he continued. "On Cruise To The Edge, Jordan and I played together and we did some DREAM THEATER and LIQUID TENSION [EXPERIMENT] material together on the cruise. So I have a really good relationship with both those guys, and I just don't wanna rock the boat — I don't wanna do anything that might upset them or begin some negative feelings. We're in a good place right now, personally. And when I see those guys, honestly, we never, ever talk about DREAM THEATER; we don't talk about music. We talk about family and we talk about our friendships and what we're doing. I was with John Petrucci just two weeks ago at a show in [New] Jersey at Dingbatz. His wife was playing and a friend of mine was playing. We spent the whole time hanging out, and not once did music or DREAM THEATER come up. We were just old friends hanging out."