Poll

Who's that Pokémon?!

Virgil Donati
6 (2.2%)
Peter Wildoer
17 (6.1%)
Mike Mangini
157 (56.3%)
Marco Minnemann
49 (17.6%)
Thomas Lang
23 (8.2%)
Derek Roddy
2 (0.7%)
Aquiles Priester
4 (1.4%)
emindead
21 (7.5%)

Total Members Voted: 271

Author Topic: Place your bets again - DT's next top model.  (Read 1059113 times)

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Offline ReaPsTA

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Re: Place your bets - DT's new drummer.
« Reply #1330 on: December 23, 2010, 06:23:24 AM »
How is that Reap? All bands get their eggs in a basket first before anouncing a new band member.  I think we're all just anxious.

Pointing out that reality is almost making my argument for me.

Remember right after MP left the band, and the remaining members went to great lengths to reassure the fan base with calm and honesty?  Now, whenever they talk about the future, the comment is either "this is going to rock!" or "we can't reveal the new drummer's name for reasons we can't talk about."  The first sounds forced.  The second hints at problems beneath the surface.

At this point, I almost have to believe there's conflicting legal interests involved.  It's the only way this can possibly be happening.

What do you want to happen, from a P/R standpoint, when announcing a new drummer?  Fan excitement?  When the new guy's name is released, the reaction will be a mix of (a) Oh, they finally released that info?  Interesting.  Hope the album's good.  (b)  Thank god we finally know.  I feel relieved. (c) I'm interested but skeptical.  (d)  ZOMG IT'S NEVER GONNA BE LIKE PORTNOY.  

That doesn't look like excitement to me.  Anybody who was genuinely interested got bored or anxious.  The new guy's name actually being announced will reinvigorate this interest a bit, but all the energy that would have went into genuinely caring has already been expended on waiting.

If the new drummer's Mangini, it's even worse.  His potential in the band has already been discussed, and the announcement would have no effect beyond "oh, so it was him."  Some people would be stoked they speculated correctly, but that's just internal ego being satiated.

So far, how could this situation have turned out worse?  An apparently large portion of the band's fans want them to quit.  The rest of their fans are in an anxious and pissy mood.  They missed a great opportunity to re-rally the base with the exciting news of their new drummer.

But maybe I'm not taking a long enough view.  Any situation can be turned around.

EDIT:

Even if someone in the band said something like this:

"Look, we know the wait for the new drummer's name has been excruciating.  And not in the P/R sense of the word.  We know it's created lots of anxiety, confusion, and boredom.  Due to legal matters beyond our control, it's been impossible.  If we had done it our way, we would have made the announcement at least a month ago.  We don't have some kind of master plan involving alienating our fan base."

People would understand.
« Last Edit: December 23, 2010, 06:30:44 AM by ReaPsTA »
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Re: Place your bets - DT's new drummer.
« Reply #1331 on: December 23, 2010, 06:30:50 AM »
I guess I just don't agree.  no band should rush to an end for the fans sake.  I for one want them to get it right.  Am I anxious? Hell yea.  It's a good thing. 

I don't realy hear to many people talking about wanting them to quit.  And if some have stated that, they are foolish and self serving. It's their band. 
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Offline ReaPsTA

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Re: Place your bets - DT's new drummer.
« Reply #1332 on: December 23, 2010, 06:32:26 AM »
I guess I just don't agree.  no band should rush to an end for the fans sake.  I for one want them to get it right.  Am I anxious? Hell yea.  It's a good thing. 

I don't realy hear to many people talking about wanting them to quit.  And if some have stated that, they are foolish and self serving. It's their band. 

I'm talking about this purely from a P/R standpoint.  For all I know, it's better for the band's long term future to take the short-term P/R damage.
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Re: Place your bets - DT's new drummer.
« Reply #1333 on: December 23, 2010, 06:34:51 AM »
Some would say it's a great PR move.  It makes the fan base hungry, wanting more.  They won't hold out too much longer.  I'd bet.
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Offline robwebster

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Re: Place your bets - DT's new drummer.
« Reply #1334 on: December 23, 2010, 06:36:58 AM »
Keep in mind that we're basically just the tip of the iceberg.

Most fans aren't following the message boards loyally. Some of them will have a gander now and then but not register. (hi guys!) Fewer still will contribute regularly.

This is basically the reactor core, and it's what - about 200 regular contributors strong? Out of 4,000 members total, I think that's probably a fair guess, although I'm not known for my brilliant estimates. Even when shit was kicking off, the peak readership was 800 at a time.

Compare that to Black Clouds & Silver Linings, which sold 40,000 copies in the USA in its first week.

I think you're overestimating how much of the fanbase has their ear to the ground. I'm a bit obsessed with Dream Theater so I'm on here constantly. Most people aren't. Heck, there are long-time members of this very board who've posted over this side asking what's going on. Think we're a fairly negligible cross-section.

Offline SixDegrees

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Re: Place your bets - DT's new drummer.
« Reply #1335 on: December 23, 2010, 06:37:52 AM »
Some would say it's a great PR move.  It makes the fan base hungry, wanting more.  They won't hold out too much longer.  I'd bet.

I'm more on Reapsta's side here. A month ago I was hungry for news, two weeks ago I was peckish, and now I'm full-up on speculation and have lost all but the tiniest smidge of interest in the new guy (kind of like filling up on snacks before a meal and then not wanting the meal any more). I've reached saturation point on the new drummer.

I'd assume (and that's all I'd be doing) that the delay is necessary for some reason, such as legal issues. DT have been doing this a long time and I don't think they'd misjudge the fanbase this way.

Ed: re. your post, Rob - I think most of the non-obsessives won't really care about the new drummer in any case, because they just like the music and don't have the great big weird mental relationship with DT that the rest of us do. We may be the only ones that cared in the first place. :lol

Offline wkiml

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Re: Place your bets - DT's new drummer.
« Reply #1336 on: December 23, 2010, 06:38:39 AM »
I guess I just don't agree.  no band should rush to an end for the fans sake.  I for one want them to get it right.  Am I anxious? Hell yea.  It's a good thing. 

I don't realy hear to many people talking about wanting them to quit.  And if some have stated that, they are foolish and self serving. It's their band. 

King...you're not going to hear people talking here about the band hanging it up...but I believe in more than one magazine poll...the question was asked? Now that MP has quit should the band A) Move on with a replacement or B) Hang it up and call it a day

I think its even brought up in one of the Petrucci interviews he's done lately, where the reporter asked if he was familiar with what the polls where saying.
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Offline Jamesman42

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Re: Place your bets - DT's new drummer.
« Reply #1337 on: December 23, 2010, 06:44:33 AM »
It may be best to stop sticking our noses so deeply into all of this so we can breathe in the news, when it finally arrives with its fragrance, with wide, accepting nostrils.

Offline goo-goo

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Re: Place your bets - DT's new drummer.
« Reply #1338 on: December 23, 2010, 06:54:44 AM »
I think the problem lies in how the contracts for the new drummer and mp are going to be worded.

If the band decides to leave the door open for a future reunion, i'm  ASSuming the band will not pay off MP like they did with the other former members. The payoff was given so that they won't get any royalties or sue the band for money "owed" to them. I would ASSume they are going to offer some kind of percentage points or something for the royalties and revenues the band generates. Now, I think the BIG problem will lie with the YTSEJAM bootlegs. Touring, merchandising and the bootlegs is were DT makes most of their money. Since MP has all of the recordings, that situation needs to be addressed. Would MP just hand them over without receiving compensation? (I highly doubt it). Or would MP negotiate some kind of percentage just on the bootlegs? Creative control over them? There are so many things to be negotiated without actually (well legally) closing the doors for MP. If it the band would have paid off MP, I'm pretty sure the drummer would have been announced long ago, since they would have only have to negotiate a lump figure just like with the other guys.

The new guy's contract is probably being negotiated too (would he get royalties of the new album (previous albums maybe)) or would he get paid monthly no matter what the band does or doesn't do; or would he be entitled to any of the money once MP returns (if he returns) or any lump figure in compensation if the agreement is broken off before a set timeframe.

This situation is more complicated than what appears to be. It's not just a matter of "hey guys, i'm sorry, let's get together in 4 yrs". The band is a business and their lifetime and main income (for both the current band, MP and probably the new drummer). maybe mike is negotiating a contract similar to steve perry, where he still gets income from the band and has input on some of the band's decision, even if he is "not in the band" anymore.

Finally, keep in mind that all of my words are purely speculation (just adding more to this thread  :rollin) but in no way I know what's happening behind the scenes. I just finished reading a book called Tour Smart (about the music business and the touring part of it) and there's a whole lotta stuff covered so Im pretty sure much of it it's being negotiated.

So we all have to wait and be patient.

Offline dedSurroun

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Re: Place your bets - DT's new drummer.
« Reply #1339 on: December 23, 2010, 06:57:48 AM »
At this point, I really don't understand why the band is waiting this long.  JP said they wanted it to be perfect.  Unless there are major behind-the-scenes issues to work out, I don't see how this is anywhere near that expectation.

Casual fans of the band, who seem very un-confident about DT moving on, have to see all these events as a sign of weakness.  For those who follow DT more closely, there's very little from the band other than "we swear this will be awesome."

Maybe I'm reading this wrong, but the DT fanbase doesn't seem to be in the best of moods.  I don't see how it's beneficial to the band to do nothing about that mood, and then extend the wait for the new drummer announcement so long that their fans become disinterested as they're unhappy.

Why do you want to fade away from the forefront of people's minds leaving a bad taste in their mouths?

Possibly worse, the band's getting close enough to the studio sessions that someone's going to snap a candid photo of the guy going in and out of work.  Isn't that the worst way for this to go down?
 certainly becoming more and more possible every day.

Waiting this long is consistent with behind the scenes lawsuits. Once lawyers are involved, things slow down and proceed very carefully. The website revisions and forum post modifications are consistent with careful consideration of legal implications. The "pushed out" vs "left the band" scenarios are key to the ultimate terms of a financial settlement. So announcing a new drummer prematurely could be hazardous to the ultimate settlement.
I can definitely see how this makes sense (lawsuits). It's very unfortunate that it has come to this point (if it indeed has) and we probably will never know exactly what happened. I have to say though, that it's fairly easy for me to know who to believe, based on what has happened and been said up to now.
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Offline ReaPsTA

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Re: Place your bets - DT's new drummer.
« Reply #1340 on: December 23, 2010, 06:59:42 AM »
I can definitely see how this makes sense (lawsuits). It's very unfortunate that it has come to this point (if it indeed has) and we probably will never know exactly what happened. I have to say though, that it's fairly easy for me to know who to believe, based on what has happened and been said up to now.

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Offline robwebster

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Re: Place your bets - DT's new drummer.
« Reply #1341 on: December 23, 2010, 08:30:29 AM »
Ed: re. your post, Rob - I think most of the non-obsessives won't really care about the new drummer in any case, because they just like the music and don't have the great big weird mental relationship with DT that the rest of us do. We may be the only ones that cared in the first place. :lol
Possibly! But they care enough to buy it on release day.

I know a lot of DT fans. I seem to attract them. Bump into them all the time like a sort of nerdy magnet - I'm not convinced they're as rare as everyone says. Haven't seen any of them on the internet, but musicianship like DT's tends to generate an interest in the musicians behind it. Purely based on anecdotal evidence, but they tend to care who's behind the kit.

Offline farren

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Re: Place your bets - DT's new drummer.
« Reply #1342 on: December 23, 2010, 11:19:29 AM »
Waiting this long is consistent with behind the scenes lawsuits. Once lawyers are involved, things slow down and proceed very carefully. The website revisions and forum post modifications are consistent with careful consideration of legal implications. The "pushed out" vs "left the band" scenarios are key to the ultimate terms of a financial settlement. So announcing a new drummer prematurely could be hazardous to the ultimate settlement.

Based on your posts you're either in the know or a good enough writer to fake it.

He's saying what I and a handful of others have suggested on this board and in this thread.  He's not claiming inside knowledge (unlike ainamotore who made similar suggestions but did claim inside knowledge), and he's not stating what he's saying as absolute fact.  He's speculating based on the way the law works and based on what little we've been able to observe from MP, the band, and their respective management (website changes), and it's perfectly logical to think that there may be a degree of legal wrangling delaying things concerning DT in the background.  Nothing is stated as fact--it's merely speculation based on what we all have read and seen and the way splits of this magnitude tend to go down.

To deny outright this possibility is naivety or ignorance of our litigious society and the fact that Dream Theater is a huge business. To suggest he must be either "in the know" or "lying" is to completely misinterpret his posts.

Offline skydivingninja

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Re: Place your bets - DT's new drummer.
« Reply #1343 on: December 23, 2010, 11:29:33 AM »
I don't think ReaPsTA was dismissing the possibility of legal wranglings, but simply commenting on Major Thirteenth's speculation based on the level of detail he describes.  You're looking a bit too far into some people's posts. 

So what big website changes are people all of a sudden talking about?  Moving MP's info?

Offline dedSurroun

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Re: Place your bets - DT's new drummer.
« Reply #1344 on: December 23, 2010, 11:34:54 AM »
I can definitely see how this makes sense (lawsuits). It's very unfortunate that it has come to this point (if it indeed has) and we probably will never know exactly what happened. I have to say though, that it's fairly easy for me to know who to believe, based on what has happened and been said up to now.

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Offline farren

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Re: Place your bets - DT's new drummer.
« Reply #1345 on: December 23, 2010, 12:06:07 PM »
I don't think ReaPsTA was dismissing the possibility of legal wranglings, but simply commenting on Major Thirteenth's speculation based on the level of detail he describes.  You're looking a bit too far into some people's posts.  

So what big website changes are people all of a sudden talking about?  Moving MP's info?

ReaPsTa's post:

Quote
Based on your posts you're either in the know or a good enough writer to fake it.

That's a simple either/or statement.  I can't possibly read too much into that one.  I'm saying it's likely neither and that Major's posts are just speculation based on what little we know--similar to speculation others have posted as well.  None of it's been presented as fact except by JP's banned possible brother-in-law.
 
MP changing his website from "ex-" to "drummer" on the same day the DT site went down for ~12 hours or so had some people, myself included, speculating about legal issues surrounding the DT name.  This was logical at the time, but never more than a possibility.  Ten days later, or however long it's been, I admit I'm less inclined to believe there are problems with the DT name itself than I was on that particular day, but still view more general legal issues as a possibility that will likely be cleared up behind the scenes any time now, if not already, without fans like us ever knowing (until the next book maybe :P).  

I find any possible legal issues less dire than before because of the fact that MP has gone vocal again and has been upfront with us all.  That's all.

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Re: Place your bets - DT's new drummer.
« Reply #1346 on: December 23, 2010, 12:09:48 PM »
Keep in mind that we're basically just the tip of the iceberg.

Most fans aren't following the message boards loyally. Some of them will have a gander now and then but not register. (hi guys!) Fewer still will contribute regularly.

This is basically the reactor core, and it's what - about 200 regular contributors strong? Out of 4,000 members total, I think that's probably a fair guess, although I'm not known for my brilliant estimates. Even when shit was kicking off, the peak readership was 800 at a time.

Compare that to Black Clouds & Silver Linings, which sold 40,000 copies in the USA in its first week.

I think you're overestimating how much of the fanbase has their ear to the ground. I'm a bit obsessed with Dream Theater so I'm on here constantly. Most people aren't. Heck, there are long-time members of this very board who've posted over this side asking what's going on. Think we're a fairly negligible cross-section.
Bingo.

I know a lot of DT fans in real life and not a single one of them has been keeping up with the news beyond what I've mentioned to them in passing. :lol

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Offline emindead

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Re: Place your bets - DT's new drummer.
« Reply #1347 on: December 23, 2010, 01:33:17 PM »
We're not your ordinary fans, ariich.


To be honest, I'm not that stoked to hear who's the new drummer. I've said that I either want Lang or Minneman; to me is just a matter of time until we can confirm the announcement.

I can understand why ReaPsTA will say that the band has lost the opportunity to make the announcement because the fumes have been whined down and we've lost a good chance to keep the ball rolling. My opinion is that, even so, the fumes will still rise, likewise, either tomorrow (or the 25th for that matter) or in January. I don't think that the band has lost too much at stake with the failure of making an earlier announcement. When they can tell us, they will, and that will be, to me, the best time to do it.

That I will be disappointed or not with the name of the new drummer? That's another issue (that still has to be discussed in this thread).

Offline bosk1

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Re: Place your bets - DT's new drummer.
« Reply #1348 on: December 23, 2010, 02:03:01 PM »
I think the problem lies in how the contracts for the new drummer and mp are going to be worded.

If the band decides to leave the door open for a future reunion, i'm  ASSuming the band will not pay off MP like they did with the other former members. The payoff was given so that they won't get any royalties or sue the band for money "owed" to them. I would ASSume they are going to offer some kind of percentage points or something for the royalties and revenues the band generates. Now, I think the BIG problem will lie with the YTSEJAM bootlegs. Touring, merchandising and the bootlegs is were DT makes most of their money. Since MP has all of the recordings, that situation needs to be addressed. Would MP just hand them over without receiving compensation? (I highly doubt it). Or would MP negotiate some kind of percentage just on the bootlegs? Creative control over them? There are so many things to be negotiated without actually (well legally) closing the doors for MP. If it the band would have paid off MP, I'm pretty sure the drummer would have been announced long ago, since they would have only have to negotiate a lump figure just like with the other guys.

The new guy's contract is probably being negotiated too (would he get royalties of the new album (previous albums maybe)) or would he get paid monthly no matter what the band does or doesn't do; or would he be entitled to any of the money once MP returns (if he returns) or any lump figure in compensation if the agreement is broken off before a set timeframe.

This situation is more complicated than what appears to be. It's not just a matter of "hey guys, i'm sorry, let's get together in 4 yrs". The band is a business and their lifetime and main income (for both the current band, MP and probably the new drummer). maybe mike is negotiating a contract similar to steve perry, where he still gets income from the band and has input on some of the band's decision, even if he is "not in the band" anymore.

Finally, keep in mind that all of my words are purely speculation (just adding more to this thread  :rollin) but in no way I know what's happening behind the scenes. I just finished reading a book called Tour Smart (about the music business and the touring part of it) and there's a whole lotta stuff covered so Im pretty sure much of it it's being negotiated.

So we all have to wait and be patient.

1.  You are making a LOT of assumptions.

2.  Your assumptions are dead-on.  :)  Whether or not you are correct about the specifics, none of us know.  But in terms of the general issues you mentioned, the processes it takes to resolve them, and the amount of time it takes, you are definitely on the right track.  Those are exactly the kinds of things that need to be worked out and require input from lawyers and a host of other people working behind the scenes, which means the whole process takes a LOT longer than your average music fan might think.  No, I don't have any specific inside knowledge of what is going on with DT.  But I am a lawyer, and I know a few things about how the music business works.  The types of issues you mentioned are undoubtedly a big part of what is going on now.

3.  To address Major Thirteenth, there is no lawsuit.  I can say that with almost 100% certainty.  If a lawsuit had been filed, it would be public record, and SOMEBODY would have blabbed about it to the press by now.  Of course, that doesn't mean a lawsuit hasn't been threatened.  But, honestly, I don't see things going down that road.  I've seen all the information all the rest of you have seen, and I don't see anything that leads me to believe there would be the types of problems that have the people involved conemplating a lawsuit.  It's possible, but I find it highly unlikely.  However, I'm sure everyone is working hard to be very careful about every step in the process to try to avoid a lawsuit, which is time-consuming in and of itself and involves all the type of stuff Goo-Goo posted.

Most likely, that's all that is going on.
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Re: Place your bets - DT's new drummer.
« Reply #1349 on: December 23, 2010, 02:03:51 PM »
We're not your ordinary fans, ariich.
No I know, that was exactly my point. :lol

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Re: Place your bets - DT's new drummer.
« Reply #1350 on: December 23, 2010, 03:41:40 PM »
I guess I just don't agree.  no band should rush to an end for the fans sake.  I for one want them to get it right.  Am I anxious? Hell yea.  It's a good thing. 

I don't realy hear to many people talking about wanting them to quit.  And if some have stated that, they are foolish and self serving. It's their band. 

King...you're not going to hear people talking here about the band hanging it up...but I believe in more than one magazine poll...the question was asked? Now that MP has quit should the band A) Move on with a replacement or B) Hang it up and call it a day

I think its even brought up in one of the Petrucci interviews he's done lately, where the reporter asked if he was familiar with what the polls where saying.

Then fans are asinine.  The band need to make a living.  Fan's need to hear the music first before going off the rails.  I've got a better analogy, If the fans don't like what's going on with a TV show.....change the station.
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Offline chrisbDTM

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Re: Place your bets - DT's new drummer.
« Reply #1351 on: December 23, 2010, 05:09:05 PM »
on another note

marco is ridiculous in this vid
https://www.youtube.com/watch?v=1thRCrBgoF0

Offline Metabog

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Re: Place your bets - DT's new drummer.
« Reply #1352 on: December 23, 2010, 05:23:42 PM »
I can't believe we still don't know who it is.

I find it harder and harder to believe no one would have leaked the info by now if they'd actually hired a new drummer. I don't know, I think it's become suspicious, or at least it seems like they're stuck somehow.

Offline Major Thirteenth

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Re: Place your bets - DT's new drummer.
« Reply #1353 on: December 23, 2010, 05:32:11 PM »
Quote

1.  You are making a LOT of assumptions.

2.  Your assumptions are dead-on.  :)  Whether or not you are correct about the specifics, none of us know.  But in terms of the general issues you mentioned, the processes it takes to resolve them, and the amount of time it takes, you are definitely on the right track.  Those are exactly the kinds of things that need to be worked out and require input from lawyers and a host of other people working behind the scenes, which means the whole process takes a LOT longer than your average music fan might think.  No, I don't have any specific inside knowledge of what is going on with DT.  But I am a lawyer, and I know a few things about how the music business works.  The types of issues you mentioned are undoubtedly a big part of what is going on now.

3.  To address Major Thirteenth, there is no lawsuit.  I can say that with almost 100% certainty.  If a lawsuit had been filed, it would be public record, and SOMEBODY would have blabbed about it to the press by now.  Of course, that doesn't mean a lawsuit hasn't been threatened.  But, honestly, I don't see things going down that road.  I've seen all the information all the rest of you have seen, and I don't see anything that leads me to believe there would be the types of problems that have the people involved conemplating a lawsuit.  It's possible, but I find it highly unlikely.  However, I'm sure everyone is working hard to be very careful about every step in the process to try to avoid a lawsuit, which is time-consuming in and of itself and involves all the type of stuff Goo-Goo posted.

Most likely, that's all that is going on.
I will go on record as stating that a lawsuit will be difficult to avoid at this point. Here are my top 10 reasons:

1) The breakup was sudden and emotionally violent.
2) A 25-year relationship is unexpectedly, and to a large extent involuntarily terminated.
3) Both sides are "founding members" and possess legitimate claims to a large pool of rights, both tangible and intangible.
4) The value of those rights fall within a large money range.
5) It is in one party's interest to maximize that value and settle high.
6) It is in one party's interest to minimize that value and settle low.
7) It is unlikely, the way everything has played out, that good feelings will promote a quick settlement.
8) One party remains a going concern and will be able to generate financial resources to pay a settlement.
9) One party now needs income. Side projects are icing. There is presently the acute absence of a cake.
10) One party wants to get rid of the other party to create a new atmosphere of business stability. It is not without precedent that the other party could have a different goal.

I guess a filing will determine who is ultimately correct. I hope it is you. I would rather see a return of the focus on everyone's part to music production and touring.
But given the uncertainty with respect to the value of the franchise, the intangible nature of a good portion of the assets and uncertainty of their valuation, and the legitimate "emotional" title claims of both sides, I don't see how litigation will be avoided.









Offline Metabog

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Re: Place your bets - DT's new drummer.
« Reply #1354 on: December 23, 2010, 05:49:57 PM »


1.  You are making a LOT of assumptions.

2.  Your assumptions are dead-on.  :)  Whether or not you are correct about the specifics, none of us know.  But in terms of the general issues you mentioned, the processes it takes to resolve them, and the amount of time it takes, you are definitely on the right track.  Those are exactly the kinds of things that need to be worked out and require input from lawyers and a host of other people working behind the scenes, which means the whole process takes a LOT longer than your average music fan might think.  No, I don't have any specific inside knowledge of what is going on with DT.  But I am a lawyer, and I know a few things about how the music business works.  The types of issues you mentioned are undoubtedly a big part of what is going on now.

3.  To address Major Thirteenth, there is no lawsuit.  I can say that with almost 100% certainty.  If a lawsuit had been filed, it would be public record, and SOMEBODY would have blabbed about it to the press by now.  Of course, that doesn't mean a lawsuit hasn't been threatened.  But, honestly, I don't see things going down that road.  I've seen all the information all the rest of you have seen, and I don't see anything that leads me to believe there would be the types of problems that have the people involved conemplating a lawsuit.  It's possible, but I find it highly unlikely.  However, I'm sure everyone is working hard to be very careful about every step in the process to try to avoid a lawsuit, which is time-consuming in and of itself and involves all the type of stuff Goo-Goo posted.

Most likely, that's all that is going on.
Quote
I will go on record as stating that a lawsuit will be difficult to avoid at this point. Here are my top 10 reasons:

1) The breakup was sudden and emotionally violent.
2) A 25-year relationship is unexpectedly, and to a large extent involuntarily terminated.
3) Both sides are "founding members" and possess legitimate claims to a large pool of rights, both tangible and intangible.
4) The value of those rights fall within a large money range.
5) It is in one party's interest to maximize that value and settle high.
6) It is in one party's interest to minimize that value and settle low.
7) It is unlikely, the way everything has played out, that good feelings will promote a quick settlement.
8) One party remains a going concern and will be able to generate financial resources to pay a settlement.
9) One party now needs income. Side projects are icing. There is presently the acute absence of a cake.
10) One party wants to get rid of the other party to create a new atmosphere of business stability. It is not without precedent that the other party could have a different goal.

I guess a filing will determine who is ultimately correct. I hope it is you. I would rather see a return of the focus on everyone's part to music production and touring.
But given the uncertainty with respect to the value of the franchise, the intangible nature of a good portion of the assets and uncertainty of their valuation, and the legitimate "emotional" title claims of both sides, I don't see how litigation will be avoided.

But... but... Mike is the one who quit... :( You can't sue someone for quitting. You can't quit your job because you're tired of it and then sue your company for you quitting and it sucking. And you can't leave your wife (*sigh, I hate this analogy), and then sue her because you want to (ugh, this is painful) hang out with other women for a while, but then it didn't really work out.

He may sue, but if he does, I don't know... I won't like him very much anymore, I guess. It just doesn't seem fair.


Offline skydivingninja

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Re: Place your bets - DT's new drummer.
« Reply #1355 on: December 23, 2010, 06:04:40 PM »
I agree Metabog.  It would be REALLY silly for Mike to sue DT considering HE'S the one who left.  I really don't think he's the kind of person to file a lawsuit though, esp. since we would have heard about it by now for reasons Bosk already stated.  He's a bit outspoken, but to actively fight against old friends like that?  He's better than that.

Offline farren

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Re: Place your bets - DT's new drummer.
« Reply #1356 on: December 23, 2010, 07:14:48 PM »
Negotiations traditionally precede the filing of anything in court.  Ideally, both sides come to an agreement and settle before anything is filed for the public to see.  Let's hope it never reaches the courts, but no one is simply "better than that" when a load of money is involved.

Offline skydivingninja

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Re: Place your bets - DT's new drummer.
« Reply #1357 on: December 23, 2010, 07:21:39 PM »
I don't know.  I'd like to think Mike is.  And even if he did sue (on the grounds of God-knows-what), that shouldn't really keep the new drummer's name from going public.

Offline TL

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Re: Place your bets - DT's new drummer.
« Reply #1358 on: December 23, 2010, 08:26:47 PM »
I'm calling it right now. They'll announce the new drummer on the same day that they make their official "We're going into the studio" announcement.

Offline Stoneyman

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Re: Place your bets - DT's new drummer.
« Reply #1359 on: December 23, 2010, 08:38:48 PM »
If all DT earnings were put into the DT corp and the members were paid salaries or monies on a regular basis, then MP would need to make sure that he is still getting back some of what he contributed to the current big pot right?  Hard to explain, but MP still should have a right to some of that money unless there was a legal agreement that said "you quit, no money" or something like that.

That kinda stuff seems really tricky to me and could get quite messy.  That is why lawyers are heavily involved.  Maybe a severance package for MP and a contract for the new guy will need to be legally taken care of before the new DT moves forward???

Fingers crossed for Marco still.

Offline alpheus94

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Re: Place your bets - DT's new drummer.
« Reply #1360 on: December 23, 2010, 08:43:58 PM »
I still would like it to be Lang. I like what I have seen of him. If he has been "ruled out" I might have missed it.

Offline farren

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Re: Place your bets - DT's new drummer.
« Reply #1361 on: December 23, 2010, 09:39:14 PM »
Lang fractured his foot earlier this month apparently... This was posted a few pages back:

https://nickmolenda.com/?p=218

It really seems like it will be Mangini at this point.  Frankly, I'll be shocked if it isn't.  I'd love for it to be Marco but I think he's happy doing his own thing.

Offline sneakyblueberry

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Re: Place your bets - DT's new drummer.
« Reply #1362 on: December 23, 2010, 11:43:26 PM »
Whoever it is, I'm thinking we'll find out 6:00 am on the 25th.

Offline tri.ad

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Re: Place your bets - DT's new drummer.
« Reply #1363 on: December 24, 2010, 01:24:42 AM »
Whoever it is, I'm thinking we'll find out 6:00 am on the 25th.

I'm almost willing to bet that the amount of users on this page will reach a new peak at said time.
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Offline Ice9ine

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Re: Place your bets - DT's new drummer.
« Reply #1364 on: December 24, 2010, 01:56:53 AM »
Maybe they could screw with us even more and release the album with still no word and the band shot on the cover has a blacked out sillhouette of the drummer.

Oh that would be friggin hilarious....not!
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