Author Topic: MP has filed a lawsuit against Dream Theater (Read 102977 times)

Nick · « **on:** September 19, 2011, 01:15:46 PM »

I remind everyone to be respectful, or you will be banned.

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According to Courthouse News Service, ex-DREAM THEATER drummer Mike Portnoy filed a lawsuit against his former bandmates in April claiming that they "wrongfully excluded" him from the group and are "wrongfully using the name of the band in connection with [their] recording of an album without the participation or consent of [Portnoy]." In addition, the drummer's complaint, which was filed on April 27, alleges that the defendants — John Petrucci (guitar), John Myung (bass), Jordan Rudess (keyboards), James LaBrie (vocals), along with associated companies Ytse Jam, Inc. and Infinity Tours, Inc. — "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 [Portnoy]."

In an August 2011 interview with the Greek edition of Rock Hard magazine, Portnoy stated about his departure from DREAM THEATER, "I didn't make the decision to leave DREAM THEATER before [hooking up with] AVENGED SEVENFOLD [as their touring drummer], but I knew that something had to change in the DREAM THEATER camp. It's unfortunate that it was me that had to change, because I never wanted to leave the band — it was never my intention; I never wanted the split. I just merely thought that the band really could use a break, because I think the romance was really dying — backstage and between [the members] personally. 25 years without a break is a very, very, very long time and sometimes these relationships need a break from each other to rekindle the flame. So that's all I suggested. And even before I [went on the road] with AVENGED SEVENFOLD, I remember touring with [the progressive rock project] TRANSATLANTIC at the beginning of 2010 and already knowing that something was wrong in the DREAM THEATER world and that I really needed a break from the guys and the whole DREAM THEATER machine. I knew something was brewing and I knew that I was unhappy, and as has been well documented elsewhere, I merely just wanted a break. But unfortunately, those guys [the rest of DREAM THEATER] didn't see it that way and didn't respect my request for time off. It's unfortunate [that it turned out that way]."

Portnoy, who co-founded DREAM THEATER more than 20 years ago, announced his departure from the band in September 2010 while on tour with AVENGED SEVENFOLD. He has since been replaced by Mike Mangini (ANNIHILATOR, EXTREME, JAMES LABRIE, STEVE VAI).

Portnoy played on AVENGED SEVENFOLD's latest album, "Nightmare", following the death of that band's drummer, Jimmy "The Rev" Sullivan, and toured with them for the entire second half of 2010.

DREAM THEATER's new album, "A Dramatic Turn Of Events", was released on September 13 via Roadrunner Records.

ariich · « **Reply #1 on:** September 19, 2011, 01:17:15 PM »

DAMMIT MP

Before anyone asks, no I'm not defending him this time. Definitely a stupid, and very disappointing, thing to do.

Nick · « **Reply #2 on:** September 19, 2011, 01:18:46 PM »

Okay William Shatner, thanks for the extra, commas.

lordxizor · « **Reply #3 on:** September 19, 2011, 01:18:58 PM »

I think that explains the lack of contact by the other members of DT and pretty much means there's no chance he's ever coming back. This is a real bummer. I'm surprised this didn't come out earlier since it happened back in April.

jsem · « **Reply #4 on:** September 19, 2011, 01:19:01 PM »

Oh boy. If I had any ounce of respect for him prior to this, I probably lost it now.

It's really sad that MP goes to these lengths.

BlackInk · « **Reply #5 on:** September 19, 2011, 01:19:27 PM »

Just when I thought he was regaining his dignity with that latest interview a bit, this comes up...

John94 · « **Reply #6 on:** September 19, 2011, 01:19:51 PM »

Sad to see it escalate this far. Thought better of MP, but seeing as it is in writing/confirmed then I can't defend him anymore.

weddingnails · « **Reply #7 on:** September 19, 2011, 01:19:56 PM »

not a surprise at all..sad though

aXygnus · « **Reply #8 on:** September 19, 2011, 01:20:05 PM »

I guess whoever said sometime ago there were legal issues about DT and Portnoy was right? This can take a turn for the wrong, though.

There goes the rest of my respect.

phentalmyst · « **Reply #9 on:** September 19, 2011, 01:20:11 PM »

and everything seems to come into focus...all at once

VioletS16 · « **Reply #10 on:** September 19, 2011, 01:20:14 PM »

MP...what happened?....

Nick · « **Reply #11 on:** September 19, 2011, 01:20:58 PM »

Quote from: BlackInk on September 19, 2011, 01:19:27 PM

Just when I thought he was regaining his dignity with that latest interview a bit, this comes up...

My thoughts exactly.

weddingnails · « **Reply #12 on:** September 19, 2011, 01:21:16 PM »

Mangini is looking better and better

johncal · « **Reply #13 on:** September 19, 2011, 01:21:23 PM »

Wow, his chances for a reunion just keep getting smaller and smaller. This is a lawsuit he can't possibly win, but you can always try. I'm sure his lawyer is more than happy to take his money.

lithium112 · « **Reply #14 on:** September 19, 2011, 01:21:53 PM »

I really hope this doesn't affect their touring. I guess it hasn't since the suit was launched in April apparently?

lordxizor · « **Reply #15 on:** September 19, 2011, 01:22:16 PM »

Anyone know if there's any precident of a band member suing like this and winning?

ResultsMayVary · « **Reply #16 on:** September 19, 2011, 01:22:29 PM »

Mike Portnoy QUIT Dream Theater. He is COMPLETELY in the wrong here.

My respect for MP just went through the fucking floor. Pathetic.

Sixtease · « **Reply #17 on:** September 19, 2011, 01:23:06 PM »

He filed it on my birthday! Yay! :-)

...

ehhh. :-(

Metrovarium · « **Reply #18 on:** September 19, 2011, 01:23:11 PM »

Well, it looks like any chance of a reunion show is completely lost.

Jaffa · « **Reply #19 on:** September 19, 2011, 01:23:48 PM »

Quote from: ariich on September 19, 2011, 01:17:15 PM

DAMMIT MP

Before anyone asks, no I'm not defending him this time. Definitely a stupid, and very disappointing, thing to do.

You know it's bad when Ariich has blatantly negative things to say.

weddingnails · « **Reply #20 on:** September 19, 2011, 01:24:17 PM »

i will always respect what he did for DT..he is an amazing musician..but i think he needs an attitude and reality check.

chrisgazpacho · « **Reply #21 on:** September 19, 2011, 01:25:01 PM »

If you search for MP on the courthouse website there is a PDF of the summons.

This is crazy.

Chris

ariich · « **Reply #22 on:** September 19, 2011, 01:25:10 PM »

Quote from: lordxizor on September 19, 2011, 01:18:58 PM

I think that explains the lack of contact by the other members of DT and pretty much means there's no chance he's ever coming back. This is a real bummer. I'm surprised this didn't come out earlier since it happened back in April.

These were my exact thoughts (GET OUT OF MY BRAIN).

I do honestly believe that he is a much better emotional and mental place now. His last couple of interviews have sounded much more respectful about the band's decision, and he seems a lot more down to earth now. But it's very disappointing to read that back in April (which, if I remember rightly, was around the time he was really at his lowest/bitchiest) he went to such lengths.

But yeah, it also explains why the DT members haven't really been in touch with him. I hope they can all move on eventually and reconcile.

snapple · « **Reply #23 on:** September 19, 2011, 01:25:22 PM »

Quote from: ResultsMayVary on September 19, 2011, 01:22:29 PM

Mike Portnoy QUIT Dream Theater. He is COMPLETELY in the wrong here.

My respect for MP just went through the fucking floor. Pathetic.

Even though you're a Buckeyes fan, you have earned my respect with this post.

3xodus · « **Reply #24 on:** September 19, 2011, 01:25:35 PM »

Directed by M. Night Shamylongadong... DT has been biting their tongues on this one, probably due to court order. All the while MP is parading around saying that if it must be like this then he will respect the bands wishes and blah blah... Seriously man? How two faced is that?

ShadowWalker · « **Reply #25 on:** September 19, 2011, 01:25:43 PM »

Quote from: lithium112 on September 19, 2011, 01:21:53 PM

I really hope this doesn't affect their touring. I guess it hasn't since the suit was launched in April apparently?

This is going to take a while to work its way through the court system. I am sure the guys in DT have their own lawyers who have opinions on the merits of MP's lawsuit and if there was an expectation that Portnoy could win, you would have seen the band working under a different band name.

This all remiinds me of Waters suing Gilmour over the use of the Pink Floyd name, and we all know how that turned out (though I don't know what the contract legalities are between MP and DT).

olliemedsy · « **Reply #26 on:** September 19, 2011, 01:26:14 PM »

Quote from: BlackInk on September 19, 2011, 01:19:27 PM

Just when I thought he was regaining his dignity with that latest interview a bit, this comes up...

ariich · « **Reply #27 on:** September 19, 2011, 01:26:27 PM »

Quote from: lordxizor on September 19, 2011, 01:22:16 PM

Anyone know if there's any precident of a band member suing like this and winning?

Quote from: lithium112 on September 19, 2011, 01:21:53 PM

I really hope this doesn't affect their touring. I guess it hasn't since the suit was launched in April apparently?

Quote from: johncal on September 19, 2011, 01:21:23 PM

Wow, his chances for a reunion just keep getting smaller and smaller. This is a lawsuit he can't possibly win, but you can always try. I'm sure his lawyer is more than happy to take his money.

Guys, this happened back in April, so I'm pretty sure he was unsuccessful.

chrisgazpacho · « **Reply #28 on:** September 19, 2011, 01:27:05 PM »

He wanted the rights to the name:

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.

Cruithne · « **Reply #29 on:** September 19, 2011, 01:27:12 PM »

Disgusting

You'd think he hadn't quit.

I'm guessing this is about Portnoy trying to secure a portion of the earnings going forward (I think it is reasonably common for bands to continue paying out to previous members, particularly when they've been quite significant up to that point) and there's a disconnect between how much the band thinks he should get and how much Portnoy thinks he should get, hence the lawsuit.

lordxizor · « **Reply #30 on:** September 19, 2011, 01:27:49 PM »

Quote from: ariich on September 19, 2011, 01:26:27 PM

Guys, this happened back in April, so I'm pretty sure he was unsuccessful.

These things can take some time to make it through the courts or mediation or settleing or however the end up getting closed out.

chrisgazpacho · « **Reply #31 on:** September 19, 2011, 01:28:38 PM »

Quote from: chrisgazpacho on September 19, 2011, 01:27:05 PM

He wanted the rights to the name:

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.

Cut and paste didn't like the PDF scan, so that's why there are typo's.

KevShmev · « **Reply #32 on:** September 19, 2011, 01:30:05 PM »

Not surprising, but sad.

Someone should remind him that he left the band. They didn't kick him out.

Implode · « **Reply #33 on:** September 19, 2011, 01:30:14 PM »

Hey. Remember back when people assumed this was going to happen/was happening and they got shot down for saying that? Yeah. People were like, "MP quit DT to join A7X!" and "MP is probably suing DT about the band name!" And everyone was like, "You're crazy. Stop jumping to conclusions. You're dumb."

And look where we are now.

johncal · « **Reply #34 on:** September 19, 2011, 01:30:19 PM »

Quote from: 3xodus on September 19, 2011, 01:25:35 PM

Directed by M. Night Shamylongadong... DT has been biting their tongues on this one, probably due to court order. All the while MP is parading around saying that if it must be like this then he will respect the bands wishes and blah blah... Seriously man? How two faced is that?

Doubt if there's a court order not to talk,however your lawyer will always advise no direct contact or public comment during a lawsuit because anything you say could turn out to be a big mistake. I could be wrong though.

News: Video of online chat between fans and members of Dream Theater: https://www.youtube.com/watch?v=sx8cLlXnHpA&feature=youtu.be (*no chickens were harmed during the filming of this chat)

Author Topic: MP has filed a lawsuit against Dream Theater (Read 102977 times)