MP has filed a lawsuit against Dream Theater

[LCArenas]

MEANWHILE, IN ISTANBUL:

*Kevin Moore playing piano*
KM: Whoa, what's up with all the noise? I'm focusing on the new solo album.
Random Dude: Sorry Kevs, Mike Portnoy has sued Dream Theater.
KM: But... He left the band, just like me, didn't he?
RD: Well yeah but he's suing them over not using the name for good or something like that.
KM: ...
RD: ...
KM: ... Douche.
*KM keeps playing piano*

[bosk1]

If the case were still moving forward, wouldn't the temporary injunction have kicked in? 

Only if a preliminary injunction was granted at the outset of the case.  And those are almost never granted.  Think about it.  A preliminary injunction is a judge saying, "There is a lot that needs to happen in the next few months/years before this gets to trial.  But the potential harm is so great that even though the evidence isn't in yet, I'm going to order that the defendants can't use the name until years from now when this gets all sorted out."  Preliminary injunctions are VERY rarely granted.

Welp, if he LEGALLY can't say anything.. That means his lawsuit is still in effect, and just as I had suspected, everyone is under a gag order. Neat.

Not necessarily.  Settlements often have a confidentiality clause that prevents the parties from discussing the lawsuit even after it is over.  And even if there is no such thing here, his lawyer likely advised him not to publicly discuss it anyway.  We just don't know.

Yeah but it can't possibly still be in effect now that it's been publicized by Blabbermouth.

Sure it can.  And Blabbermouth didn't disclose anything that isn't public record.

I'm sorry, I'm not a law guy, but how can there been an NDA on something that is public record?

The lawsuit itself is public record.  Each side's opinions, strategies, settlement discussions, and a bunch of other things are not.

[chrisbDTM]

snip

haha! would be better like "leaves band. sues them"

please do that.

[nikostheater]

Heh Charlie Dominici posted on MPs Facebook wall

"Just like in a divorce,everyone has a right to be treated fairly. Sometimes those rights have to be exercised in a legal forum.I hope you all can put it to rest and move on without any animosity. Life is short! \m/"

That's really something I never thought I'd see, Charlie Dominici commenting on MP, who quit and sued Dream Theater.

This is weird.

[Global Laziness]

So let me get this straight......all of this because MP's father came up with the band name? So he thinks he owns it???

I don't mean this comment to be disrespectful, but is it possible that MP's lashing out has been in response to the death of his father?

 

[Repner]

Now everybody over on his forum is like: We knew there was another side! We got your back.

It's kinda scary how they go back to status quo. I'm not trying to to troll. I'm serious, it's like a cult.

That's not what's happened. Most of the members who were up in arms or pissed have said their case and moved on (or been banned, in many cases), leaving the fanboys to their... erm... fanboy-ism.

This, but also the thread that has the summons letter link is no longer there, so they probably have no idea why he's suing, and came in after the thread was nuked

Even if they did, he'll still have his fanboys

[Orbert]

Also they are still not playing songs that MP wrote the lyrics for. That's probably on the advice of their lawyers and is a loss mitigation technique if anything is not ruled in their favor.

They play songs with lyrics penned by Kevin Moore and Charlie Dominici.

Kevin Moore and Charlie Dominici haven't sued Dream Theater (as far as we know).

[Ultimetalhead]

Lovely. My favorite drummer is making it very hard to back him up recently.

[Slain]

Heh Charlie Dominici posted on MPs Facebook wall

"Just like in a divorce,everyone has a right to be treated fairly. Sometimes those rights have to be exercised in a legal forum.I hope you all can put it to rest and move on without any animosity. Life is short! \m/"

He's building bridges with Mike so that if he wins the rights to the name, they can form a new Dream Theater.

[nikostheater]

Man,what a year in DT land..
a rollercoaster ride..
It's pity though that the DT news of the day is about a lawsuit and not about music..

[fibreoptix]

This'd make a great chapter in Lifting Shadows.

[TheKillingHand]

Also they are still not playing songs that MP wrote the lyrics for. That's probably on the advice of their lawyers and is a loss mitigation technique if anything is not ruled in their favor.

They play songs with lyrics penned by Kevin Moore and Charlie Dominici.

Kevin Moore and Charlie Dominici haven't sued Dream Theater (as far as we know).

For all we know they have. Back then there was no Twitter or Blabbermouth or any shit to over-inform the public.

[GasparXR]

I'm sorry but Mike, you ballsed up. I lost my respect for him. That being said, I won't forget what you did for the band, but what you've done TO the band afterwards is something I think many people would like to forget years down the road.

[Mebert78]

MEANWHILE, IN ISTANBUL:

*Kevin Moore playing piano*
KM: Whoa, what's up with all the noise? I'm focusing on the new solo album.
Random Dude: Sorry Kevs, Mike Portnoy has sued Dream Theater.
KM: But... He left the band, just like me, didn't he?
RD: Well yeah but he's suing them over not using the name for good or something like that.
KM: ...
RD: ...
KM: ... Douche.
*KM keeps playing piano*

Haha!  Love it!   

[Jaffa]

Heh Charlie Dominici posted on MPs Facebook wall

"Just like in a divorce,everyone has a right to be treated fairly. Sometimes those rights have to be exercised in a legal forum.I hope you all can put it to rest and move on without any animosity. Life is short! \m/"

He's building bridges with Mike so that if he wins the rights to the name, they can form a new Dream Theater.

"I helped him kill the baaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaand..."

[Chrissalix]

Never in my life have I seen someone, so ignorant to the damage he has done.

[millahh]

Sigh.

MP could really stand to see a therapist.

[farsight]

So MP comparing himself to Roger Waters was a massive Freudian slip then?

[emindead]

Mike I'llseeyouincourtnoy.

[Infinite Cactus]

Never in my life have I seen someone, so ignorant to the damage he has done.

  All these MP song lyrics are a lolfest.

[emindead]

snip

haha! would be better like "leaves band. sues them"

please do that.

[Chrissalix]

Never in my life have I seen someone, so ignorant to the damage he has done.

  All these MP song lyrics are a lolfest.

His poor kids. No son should ever have to see his father such a mess.

[NecessaryPain]

Personally, I am just sick to death of hearing about the guy.

[reneranucci]

I don't understand most people's reaction to this DT's-MP drama. I cannot seriously relate to any of this or get personally involved, I don't give a damn and I don't know why I think people should do the same. You know, it's about people I don't really care for, and whatever their relationships are, it won't affect me or my life in the slightest. I recently bought MP's instructional videos and I enjoy watching them, as I enjoy listening to the good songs on the new DT album, and will enjoy most of the music they or Mike make in the future. I don't see an artist as someone I have respect for, but just someone who I admire for his musical ability and nothing more, and not necessarily like on a personal level, and therefore their personal actions leave me completely indifferent. But this thread reaching 10+ pages so quickly tells me that people love internet drama a little bit too much.

It doesn't matter at the end of the day, does it? Or am I wrong? I don't know.

[Jaffa]

I don't understand most people's reaction to this DT's-MP drama. I cannot seriously relate to any of this or get personally involved, I don't give a damn and I don't know why I think people should do the same. You know, it's about people I don't really care for, and whatever their relationships are, it won't affect me or my life in the slightest. I recently bought MP's instructional videos and I enjoy watching them, as I enjoy listening to the good songs on the new DT album, and will enjoy most of the music they or Mike make in the future. I don't see an artist as someone I have respect for, but just someone who I admire, but not necessarily like on a personal level, and therefore their personal actions leave me completely indifferent. But this thread reaching 10+ pages so quickly tells me that people love internet drama a little bit too much.

It doesn't matter at the end of the day, does it? Or am I wrong? I don't know.

Your overall point is valid, but a lawsuit actually could affect our lives in minor ways, in that it could affect Dream Theater's ability to move forward as a band.

[Slain]

I don't understand most people's reaction to this DT's-MP drama. I cannot seriously relate to any of this or get personally involved, I don't give a damn and I don't know why I think people should do the same. You know, it's about people I don't really care for, and whatever their relationships are, it won't affect me or my life in the slightest. I recently bought MP's instructional videos and I enjoy watching them, as I enjoy listening to the good songs on the new DT album, and will enjoy most of the music they or Mike make in the future. I don't see an artist as someone I have respect for, but just someone who I admire, but not necessarily like on a personal level, and therefore their personal actions leave me completely indifferent. But this thread reaching 10+ pages so quickly tells me that people love internet drama a little bit too much.

It doesn't matter at the end of the day, does it? Or am I wrong? I don't know.

It doesn't. But it's a Dream Theater forum, for talking about the band, and that's what we'll do... 

[Gadough]

Mike Portnoy used to be a bucket of lol. Now he's a bucket of lol with two sides and a biscuit.

That's all I have to say on this subject.

[gentaishinigami]

Meh, I'll just edit it out to stop Bosk having any problems for it being posted on here and just leave the link, also bonus MP response now on page 2.

https://www.mikeportnoy.com/forum/tm.aspx?m=2710667&mpage=1#2710754

[AtmosphericV]

"In Smirnoff words, very short version. Mike was acting like a jackass all day with a huge (e)go. When his drum tech wasn't going fast enough for him, and when he wasn't getting his attention the second he asked for it, he kicked him in the face casuing injury. His tech is one of Smirnoff's good friends. When he reported that on the forum. Mike sent him a giant email berating Smirnoff for letting that story go public saying it would ruin his career."

[7StringedBeast]

Finding this out so far from when it actually happens pisses me off.  The fact that Portnoy was going around saying, "herp derp the guys won't talk to me unless its through their lawyers herp derp"  while hiding the fact that he was suing the band.  I mean no shit they weren't talking to you except through lawyers. 

I don't know.  I'm really disappointed and I've lost so much respect for Portnoy this past year, that this is just the nail in the coffin.

[Metabog]

That hurts my face.

The kicking thing has nothing at all to do with the lawsuit, but it's interesting that this finally came out now that the moderation is almost gone over there.

[raygun47]

I didn't read all ten or so pages so far...but I went over to MP's forum to see what Mike had to say about all this, and Wey bouncing on him tells me more than anything anyone in the band could ever say.  And I feel like I've given him the benefit of the doubt on every thread I've ever posted in here or there.  Wey...I think...and it's purely my opinion here...over-policed that forum, and went above and beyond to support and shelter Mike.  Him walking...that right there is the point where I figure something isn't cool on a whole other level.  I saw what he posted...and I'm more shocked he quit Mike than Mike quitting DT.

I mean...I didn't like it over there.  And I certainly didn't care for how I had to be ultra-careful, but I figured Wey was a stand-up guy for who he needed to be a stand-up guy for...and I joined over here.  I really feel for the guy.  He put in a ton of time.  I'm not completely sure what set it off.  If it was that he wasn't aware before the news dropped ONLY...or if this was the culmination of several factors, but as I said, Wey bolting speaks volumes to me.

Sorry about this Wey...if you see this.  Really.

[zxlkho]

https://www.facebook.com/pages/Mike-Illseeyouincourtnoy/199034400167562

I lol'd ridiculously hard.

[Chrissalix]

https://www.facebook.com/pages/Mike-Illseeyouincourtnoy/199034400167562

I lol'd ridiculously hard.

Lol that caught on fast! Fans of my drunken work!

[chrisbDTM]

auto-like