Author Topic: MP has filed a lawsuit against Dream Theater  (Read 102937 times)

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Offline Major Thirteenth

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Re: MP has filed a lawsuit against Dream Theater
« Reply #385 on: September 19, 2011, 06:36:45 PM »
Quote
Well, he filed back in April, so a lot has happened since then.  Who knows what has happened since then?  Since the band released the album and is touring, he obviously wasn't able to get a preliminary injunction (which is about what I would have expected the result to be).  But in the mean time, he may have dropped the suit, settled, whatever.  There's no way of knowing at the time being (the N.Y.S.C.'s online docket has been acting screwy for awhile now, so can't tell if there are other documents on file from any of the parties).

I believe this is correct. I believe that negotiations are ongoing, but are very difficult because the demands by Mike are patently ridiculous and completely overstatement his contributions.

M13..Thought of your comments last fall when I heard today's news.
Where you been, man?

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Offline Metabog

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Re: MP has filed a lawsuit against Dream Theater
« Reply #386 on: September 19, 2011, 06:37:30 PM »
Also, MP is no longer a member of DT. :neverusethis:

Not only is he not a band member, but he sued DT, making him basically an enemy of the band... I don't think there should be any reason not to be negative about him as long as we're not in bad taste.

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Re: MP has filed a lawsuit against Dream Theater
« Reply #387 on: September 19, 2011, 06:38:50 PM »
Quote
Well, he filed back in April, so a lot has happened since then.  Who knows what has happened since then?  Since the band released the album and is touring, he obviously wasn't able to get a preliminary injunction (which is about what I would have expected the result to be).  But in the mean time, he may have dropped the suit, settled, whatever.  There's no way of knowing at the time being (the N.Y.S.C.'s online docket has been acting screwy for awhile now, so can't tell if there are other documents on file from any of the parties).

I believe this is correct. I believe that negotiations are ongoing, but are very difficult because the demands by Mike are patently ridiculous and completely overstatement his contributions.

M13..Thought of your comments last fall when I heard today's news.
Where you been, man?

Lurking in the weeds so to speak. I have to be careful how much I post. I have a talent for getting banned.
Well, whatever you do, do NOT get banned! :D
would have thought the same thing but seeing the OP was TAC i immediately thought Maiden or DT related
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Offline Mebert78

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Re: MP has filed a lawsuit against Dream Theater
« Reply #388 on: September 19, 2011, 06:39:59 PM »
New MP post on Facebook: "I appreciate all of the POSITIVE posts of love & support today...YOU are the reason I do this...the rest can spread their poison elsewhere."
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Offline livehard

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Re: MP has filed a lawsuit against Dream Theater
« Reply #389 on: September 19, 2011, 06:40:22 PM »
Also I love how he pretends to be this positive and happy person.  But he obviously not.  He seems like a pretty miserable human being.

Offline Kotowboy

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Re: MP has filed a lawsuit against Dream Theater
« Reply #390 on: September 19, 2011, 06:41:07 PM »
New MP post on Facebook: "I appreciate all of the POSITIVE posts of love & support today...YOU are the reason I do this...the rest can spread their poison elsewhere."

So basically - if people agree with you suing your old band that's fine. Actual Dream theater fans don't count.

Offline ddtonfire

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Re: MP has filed a lawsuit against Dream Theater
« Reply #391 on: September 19, 2011, 06:41:10 PM »
Remember that guy a while back insisting that he had insider information that there was legal action (specifically, the lawsuit) that took place, and that it was rather ugly?

He was right...

EDIT: This was already brought up previously in this thread... namely, 4 posts above!
« Last Edit: September 19, 2011, 06:59:19 PM by ddtonfire »

Offline Ħ

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Re: MP has filed a lawsuit against Dream Theater
« Reply #392 on: September 19, 2011, 06:41:50 PM »
He sounds pretty broken to me.
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Offline Vajra

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Re: MP has filed a lawsuit against Dream Theater
« Reply #393 on: September 19, 2011, 06:42:02 PM »
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.
What did Wey say to Mike?
https://www.mikeportnoy.com/forum/m2710450.aspx

Unless I'm mistaken...and if so I apologize...this is his post as re-posted.  If I'm wrong...the general talk over there is that Wey quit.  And that's the point behind my post.  It's not so much what he said...but if he left...that says a lot.
So wait... is Wey mad at MP for the suing thing, or is he just fed up with trying to handle all the forum bs that comes with it?

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Re: MP has filed a lawsuit against Dream Theater
« Reply #394 on: September 19, 2011, 06:42:09 PM »
Also I love how he pretends to be this positive and happy person.  But he obviously not.  He seems like a pretty miserable human being.
How in the world would you know that?
would have thought the same thing but seeing the OP was TAC i immediately thought Maiden or DT related
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Offline ddtonfire

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Re: MP has filed a lawsuit against Dream Theater
« Reply #395 on: September 19, 2011, 06:42:49 PM »
So basically - if people agree with you suing your old band that's fine. Actual Dream theater fans don't count.

Now you're just putting words in his mouth.

Offline Saiko

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Re: MP has filed a lawsuit against Dream Theater
« Reply #396 on: September 19, 2011, 06:43:07 PM »
Dammit, the one day I don't check on DTF or MP's forum and all this goes down. Guess I have a lot of reading to do.

Offline Metabog

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Re: MP has filed a lawsuit against Dream Theater
« Reply #397 on: September 19, 2011, 06:43:24 PM »
New MP post on Facebook: "I appreciate all of the POSITIVE posts of love & support today...YOU are the reason I do this...the rest can spread their poison elsewhere."

So basically - if people agree with you suing your old band that's fine. Actual Dream theater fans don't count.

I think there are very few "MP fans", the majority of them are DT fans who kind of still hung on to him to post "go back 2 dt" and "come to Chile" on his Facebook over and over. This lawsuit is going to change things a bit probably.

Offline kijuer

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Re: MP has filed a lawsuit against Dream Theater
« Reply #398 on: September 19, 2011, 06:44:51 PM »
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Offline DreamerTV

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Re: MP has filed a lawsuit against Dream Theater
« Reply #399 on: September 19, 2011, 06:45:56 PM »
Jordan Rudess from Fb.
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Offline Metabog

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Re: MP has filed a lawsuit against Dream Theater
« Reply #400 on: September 19, 2011, 06:46:17 PM »
Wey is back. He apologized. Things are getting back to normal. False alarm.

Offline johncal

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Re: MP has filed a lawsuit against Dream Theater
« Reply #401 on: September 19, 2011, 06:47:11 PM »
DT doesn't want him back. Avenged didn't want him, now he sues DT and makes little digs and comments all over.

I know who I'd (not) want if I was in a band and looking for a really, really good high profile drummer. Unfortunately he's digging a hole that he can't climb out of with the 10 ft. pole no one will touch him with.

SOLUTION FOR MIKE. APPOLOGIZE! You'd be surprised how many people will accept it if you actually do it and MEAN IT.

It's going to take some real time for this to go away, but everybody has done those same kinds of stupid things themselves (I know I do all the time) so I think our respect level could at least flatten out and stop the dive for now if some effort were made at righting the sinking ship. The SS Portnoy has hit the iceberg and is taking on water. People are bailing out over at SS Portnoy and unless the leak gets plugged it's going to get pretty cold pretty quick.

When I think of what the Band has had to really deal with behind the scenes and can still put out such a fantastic album, I just have to say WOW. That had to be really hard to concentrate and perform at that level through all of that major BS. And the Genie knew what was going on and had to get caught between rabid fans as well.

I think the next words out of MP's mouth need to be conciliatory and then zip the lip for good on the matter.
« Last Edit: September 19, 2011, 06:53:55 PM by johncal »

Offline GasparXR

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Re: MP has filed a lawsuit against Dream Theater
« Reply #402 on: September 19, 2011, 06:48:22 PM »
Jordan Rudess from Fb.
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What gives one the wings to fly, is the ability and desire to focus on what truly inspires you



Damn that's an amazing quote.

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Re: MP has filed a lawsuit against Dream Theater
« Reply #403 on: September 19, 2011, 06:48:42 PM »
We're at ban #1 for the thread. I suggest in the future people report things as opposed to derailing the topic.
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Offline Nest777

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Re: MP has filed a lawsuit against Dream Theater
« Reply #404 on: September 19, 2011, 06:49:40 PM »
From Derek Sherinian's twitter:

Quote
@MikePortnoy Like the great Reverend Rodney King once said...."Can't we all just get along???" :)

Offline Kotowboy

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Re: MP has filed a lawsuit against Dream Theater
« Reply #405 on: September 19, 2011, 06:53:17 PM »
Black Country Communion > > > > Adrenaline Mob.

Offline millahh

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Re: MP has filed a lawsuit against Dream Theater
« Reply #406 on: September 19, 2011, 07:03:12 PM »
I know he really couldn't ever speak to what was going on, but there's still one thing that bugs me:

The babe-of-the-woods routine about why the other guys either wouldn't talk to him, or would do so only thought lawyers, WHEN HE'S SUING THEM!!!!!!  That is SERIOUSLY disingenuous, manipulative and completely playing the fans.

If you know why, but can't say it, just don't say anything...don't just start playing the victim.

On another note, I pointed out that JP's wording in the interview last month sounded like it was designed to steer away from the lawsuit topic, but without actually lying (like what one would say under an NDA), I was dead-on.  I don't mean this in an "I told you so" way...it think it's more validating that I've developed at least a little legal intuition from being married to an attorney.
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Offline mocool13

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Re: MP has filed a lawsuit against Dream Theater
« Reply #407 on: September 19, 2011, 07:04:07 PM »
Wow :tdwn

Offline ReaPsTA

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Re: MP has filed a lawsuit against Dream Theater
« Reply #408 on: September 19, 2011, 07:04:49 PM »
Quote from: Weymolith
After reading the threads that have been posted since earlier today when I resigned my position as moderator here, and seeing the direction things are going, I need to clear this up before it gets more out of hand than it already is.
 
Mike has known me now for the better part of 11 years, and during that time, he's come to value my opinion on matters regarding the rules of this site and how they are enforced. We have a trust in place.  In that regard, he also knows like many of you, that I have a low tolerance for bullshit, and I hate being lied to.
 
So today when I saw the Blabbermouth article and the PDF regarding the lawsuit, I like many of you, jumped to a concussion that the entire truth was blurred. As Mike trusts me, I trust him as well and trust that he would not lie to me about things. Especially when those things usually involve me sitting in front of the computer for endless hours every day trying to keep his internet home free of messes and negativity every time he posts, says something in an interview, or tweets.
 
Now, while some of you may think I have the "inside scoop" on everything going on between DT and MP, that is the farthest thing from the truth. Yes, I work(ed) for MP, and yes I am also an employee of Dream Theater as a contracted internet consultant and manager of a few of their internet properties. However, in regards to all the legal actions taking place, neither party has been at liberty to discuss anything involved in the case with me as I am not directly involved and honestly I won't impose on friendships to ask. I, like you all, only know of rumors and speculations and what has been whispered in dark corners of the internet.
 
Now, being that I am (was) the one responsible for having to spend my time cleaning up the mess, you can understand my displeasure at the revealing of the information that came to light today and the ensuing mess that is still continuing. I also felt that the faith I had in MP to be as truthful with the fans as he has always been in the past wasn't as concrete as I had envisioned.
 
I only do (did) this job for as long as I did because I respected MP as both a person and a friend. Over the years I have seen him do countless selfless things for his fans. One thing in particular always comes to mind, he spent hours digging through his basement one night to find an original 1996 ACOS Home For The Holidaze shirt for a fan who had been wearing one the night of The Station fire and had had to have the shirt surgically removed from his skin. So you can imagine my feelings of betrayal when I saw this lawsuit information and jumped to the conclusion that Mike had been lying to all of us fans for the last 6 months. I don't like liars, I don't like feeling stabbed in the back as either a friend or a fan, and that is how I felt, plain and simple.
 
I went so far as lashing out and being quite snarky to Mike in my resignation letter. So much so that I got a call from Marlene after he sent it to her.
 
Now Marlene can't go into details about the lawsuit, I respect that. That is something that could cost her and Mike hundreds of thousands of dollars and a lawsuit. As a friend, I do not want to see that happen. I have a lot of trust in Marlene, and when she tells me that I'm wrong about judging Mike this way, I can tell from the sincerity in her voice that she's not just standing up for Mike but that she's being honest. I have to admit I was wrong in my feelings that Mike had betrayed my trust and the trust of the fans. My quitting was not intended to do further damage to Mike, and sadly, that is how most of you have taken it as I was rather blunt with my wording. Those of you who know me well know that that is how I am. I don't pull punches, but I will be the first to admit I was wrong. I was wrong (DebraKadaba is currently calling the Guiness Book Of World Records to get them to put it in writing.)
 
We will never know the full details of the lawsuit, we aren't entitled to know. Mike doesn't deserve the crap he gets around the internet. I know, I clean the majority of it up here and see it everywhere else. He's a good guy, and a great friend, and any single one of you, having the feeling that a friend lied to you would not sit well. That is where I was coming from with my resignation. That thread was closed and I understand why. It was doing more damage to Mike than the actual Blabbermouth article. But in hindsight and after talking to Marlene, I was wrong in my judgement of the situation, and not knowing the facts, did what the rest of you are currently doing.
 
Let's put an end to this for all parties involved. No one, not Mike, not Dream Theater, is benefiting from it.

Look, I know you post here, but I'm sorry.  I can't get on board with any of this.

Maybe there's a secret side to the story I still don't know about, which is always possible.  Maybe the members of DT are in fact enormous assholes and are threatening a disproportionately reactive counter-suit.  If MP is to be believed (if that's even possible), DT lawyered up before he did.  The whole story has yet to be told (although I have to believe Rich Wilson is going bonkers).

But if what we know about the situation is accurate, I don't know what you're seeing that I'm not.  I can read a court document.  Mike Portnoy sued DT to gain control over their name.  In no way can I respect this.  He flat out said it wasn't happening when it was.  He tried to make it look like DT was blowing him off when he's the one that filed a lawsuit.  At some point, no matter what anyone says, actions speak far louder than words, and MP's actions are especially clear.

I know MP is your friend.  I know that, like all people, MP thinks he's the good guy.  I thought the ACOS tour story was very touching.  But as someone who can affirmatively say I used to be a fan, I think MP needs to get his fucking act together. 

You mentioned, in his defense, that his family was in danger of losing hundreds of thousands of dollars?  What about MP trying to destroy DT's career?  What fact we aren't aware of makes his case even remotely sympathetic?
« Last Edit: September 19, 2011, 07:10:13 PM by ReaPsTA »
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Offline Infinite Cactus

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Re: MP has filed a lawsuit against Dream Theater
« Reply #409 on: September 19, 2011, 07:04:57 PM »
Wey is back. He apologized. Things are getting back to normal. False alarm.
That's lame, because he had nothing to apologize for.

EDIT: I hadn't read the apology, still, he's not the one everyone wants an apology from.

Offline ZBomber

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Re: MP has filed a lawsuit against Dream Theater
« Reply #410 on: September 19, 2011, 07:06:08 PM »
Agree that Wey should not have apologized for anything he said. I think he had every right to feel a bit fed up with MP.

Offline Perpetual Change

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Re: MP has filed a lawsuit against Dream Theater
« Reply #411 on: September 19, 2011, 07:06:27 PM »
I know he really couldn't ever speak to what was going on, but there's still one thing that bugs me:

The babe-of-the-woods routine about why the other guys either wouldn't talk to him, or would do so only thought lawyers, WHEN HE'S SUING THEM!!!!!!  That is SERIOUSLY disingenuous, manipulative and completely playing the fans.

If you know why, but can't say it, just don't say anything...don't just start playing the victim.

Yup.

Honestly, there's not much crap out there that I wouldn't expect MP to pull now.

It's funny how yesterday all this stuff was rampant speculation that few of us really believed Mike would really do. And now... heh. Talk about completely losing faith in someone's character!

Offline Kotowboy

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Re: MP has filed a lawsuit against Dream Theater
« Reply #412 on: September 19, 2011, 07:06:37 PM »
From Derek Sherinian's twitter:

Quote
@MikePortnoy Like the great Reverend Rodney King once said...."Can't we all just get along???" :)

" @DerekSherinian You're on very thin ice, soon you'll be falling into infinity. I'll see you in Court too. Eat my ass and balls ( and subpoena ) "

Offline Major Thirteenth

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Re: MP has filed a lawsuit against Dream Theater
« Reply #413 on: September 19, 2011, 07:07:22 PM »
Wey is back. He apologized. Things are getting back to normal. False alarm.

I do not believe he is back, just clearing the air. But would it not be a conflict of interest if the same person is moderating Mike's forum and the new DT site forum at the same time? And especially in view of the current acrimony? I do. Moderate one or the other, but certainly not both.

Offline InertSolo

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Re: MP has filed a lawsuit against Dream Theater
« Reply #414 on: September 19, 2011, 07:12:14 PM »
:( This is absolutely awful, I was such a stark defender of Mike Portnoy as well. I can understand where he coming from but that just makes it worse because the band has evolved into so much more than just him. This is a disastrous way to betray his life-long friends. He's making a mistake and needs to let this go.

Offline Super Dude

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Re: MP has filed a lawsuit against Dream Theater
« Reply #415 on: September 19, 2011, 07:14:33 PM »
From Derek Sherinian's twitter:

Quote
@MikePortnoy Like the great Reverend Rodney King once said...."Can't we all just get along???" :)

" @DerekSherinian You're on very thin ice, soon you'll be falling into infinity. I'll see you in Court too. Eat my ass and balls ( and subpoena ) "

That can't be real.  Link plz.
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Offline Kotowboy

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Re: MP has filed a lawsuit against Dream Theater
« Reply #416 on: September 19, 2011, 07:16:03 PM »
From Derek Sherinian's twitter:

Quote
@MikePortnoy Like the great Reverend Rodney King once said...."Can't we all just get along???" :)

" @DerekSherinian You're on very thin ice, soon you'll be falling into infinity. I'll see you in Court too. Eat my ass and balls ( and subpoena ) "

That can't be real.  Link plz.

Haha. It's just a joke. Trying to lighten the mood somewhat.  :)

p.s. MP can't possibly win. You can't quit a band voluntarily and then expect to sue them. He hasn't got a hope.

Offline KevShmev

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Re: MP has filed a lawsuit against Dream Theater
« Reply #417 on: September 19, 2011, 07:28:12 PM »
Well said, ReaP. :tup :tup

There is simply no defense for him leaving the band and then trying to block them from using the band name.  Had they kicked him out, it would be a completely different story, but they didn't.  He even said this in his farewell message:

Quote
I do not want to stand in their way...so I have decided to sacrifice myself and simply leave the band so as to not hold them back against their wishes....


I guess that was just more bull shit from him.

Offline Nick

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Re: MP has filed a lawsuit against Dream Theater
« Reply #418 on: September 19, 2011, 07:29:43 PM »
We've reached our 2nd ban of the day due to this thread, please don't let more come.
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Offline Kotowboy

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Re: MP has filed a lawsuit against Dream Theater
« Reply #419 on: September 19, 2011, 07:30:27 PM »
Quote
Warning - while you were reading a new reply has been posted. You may wish to review your post.

 >:( >:(