Love all the judgment (NOT). LaBrie went out of his way to bash Mike when the breakup happened (calling him a control freak; claiming what he did in the band wasn't that special or hard; that the band would each take up the slack and do all that Mike did; saying that the real front man could be a front man now; etc.). They also were at each others throats for years before. Why this is all of a sudden a huge deal is beyond me.
As for the songs, it was talked about before; there's a difference between playing a one-off of, say, "Pull Me Under" in a concert (like the PMS thing) and a more formal production (which this is). As long as the license fees are paid (and if I remember correctly, they are by the venue as a blanket thing) there are likely no restrictions. But that's not the same as staging an entire event as a "Night of Dream Theater". David Gilmour plays songs from "The Wall" in his show, and besides the carping in the press by Roger Waters, no one can really say anything about it. I would bet my Gene Simmons coffee mug that Gilmour cannot, under any circumstances, stage a production of "The Wall" in it's entirety.
Here's the thing, though: for all the (in my opinion, off base) assertions that Mike is a baby and a drama queen, I find it funny that no one is giving DT any stick for not allowing the one-off for Shattered Fortress. It's one show (or a handful, around the world) in a 1,000 seat club (in NY), and isn't even sold out (to my knowledge). This isn't going to tarnish the DT legacy any more than it's already tarnished. To not let Mike do this is just as childish (and actually worse, since it fucks with Mike's livelihood).
As for the "he LEFT!" argument, I've said this before, he may have initially tested the waters, but so what? The excuse that "Mike Mangini left his job for this! We OWE him!" is noble, and sounds good in, well, the social media war, but that's akin to being married for 25 years, with children, and saying "well, I invited my new girlfriend to our daughters wedding; she already bought the plane ticket, so you, Mom, can't go!" He put 25 years of blood, sweat and tears into that band, and to not even entertain his needs - when they most certainly did for several other members of the band - is not an insignificant thing.
Team Mike and proud of it.