Update on the supposed legal issues regarding the DT/Portnoy split

[KevShmev]

This was posted by someone at Portnoy's forum (and I saw it on FB):

Some "interesting" and shocking details on DT/MP split:
Disclaimer:

the following information are taken from the German Metal Hammer and Rock Hard magazine which both came out 3 days ago !
For the parts listed below, I have translated the German text which in itself MIGHT not be a proper reflection of what John P and James have said in English.
I have only focused on some new information not the whole very long interview.
The interviewer(s) seems not to be a pro Mike looking at the question and comments they make.
Last but not least, I am a big MP and DT fan and really hope they will have success with everything they do.
 
----------------
Mike said he likes to take a break, after 5 years or so the band will come back stronger than ever.
When everyone else refused to take the break, he said "ok then I need to quite. I don't feel connected to DT anymore !"
John P did try to convince Mike to stay. The band said that he is doing a huge mistake and the AX7 gig is like a affair and one day he will be overtaken by the reality
Around 8 weeks later, after AX7 and Mike separate ways, Mike has send an Email to DT asking for rejoining, which the band refuses (They had already selected MM and where wondering how in 8 weeks the passion for DT did came back)
 
The interviewer (Metal Hammer) is asking:
"So to take revenge Mike is now suing you for a lot of money, claiming share of ownership of the band's name"
James: It is correct that there are some legal issues which we need to sort out. Fact is that Mike took a lawyer and we have informed ours. We are are not allowed to share more"
John P: at the end theses are some private issues which we should not talk about in public. Fact is we the band own Dream Theater's name/brand
 
Interviewer: It must be a real torture as musician to have to deal with these kind of issues:
James: the times of friendship with Mike, when we where friends and would hug each other and wishing him success for the future are definitively over. He needs to clarify everything via the lawyer now, there no other way. It is unpleasant but he did decide to take this path and now the judges will have sort things out "
John: I don't see a massive issue/deal. These things are part of life, no matter if you are a cookie seller or musician
 
With regards to the new album:
The Interviewer: "The situation for James did not significantly changed. His demand to have more involved in the lyrics was not approved"
James: Well, for this album, I have submitted 3 lyrics but for some reasons only one was picked up. You never know, maybe the other two will be reconsidered next time
 
From Rock Hard:
 
When Huge Syme did create the art work for the album, the working title was "Bridges in the Sky" !!
Later it was changed to "A dramatic turn of events" and the original title which came from the song "The Shaman's Trance" was used to rename the actual song !

EDIT by XJDenton: Because its a point well made and something the users could do with reading before posting, I am adding this quote to the original post:

Man... the degree of pure speculation being treated as absolute fact here is insane.  I'm guessing that their lawyers probably told them to not give any details of the lawsuit(s) and to just to respond that way whenever the issue came up.  If an interviewer says "So I hear Portnoy is suing you for X, Y and Z", and instead of denying it they respond by saying "There are legal issues, but we can't talk about them", that doesn't necessary mean X, Y and Z are correct just because they weren't denied.  It's possible that it just means they can't talk about it.

[millahh]

Here's the link to the post with the translation:
https://www.mikeportnoy.com/forum/tm.aspx?high&m=2666577&mpage=82#2702492

[KevShmev]

Regarding the legal issues that have to be sorted out, I wonder if it is regarding them being able to play the songs live that Portnoy wrote the lyrics to without them having to pay him royalties.  I know that Pink Floyd was not able to play certain Roger Waters-penned songs when he left the band back in the 80s.  If so, that is a pretty low move.  I mean, I wonder if Kevin Moore was paid royalties all of those years every time they played Lie, Surrounded, Pull Me Under, 6:00, etc.

[alirocker08]

As I said over there, I wish that there is a massive issue with the translation but I know there probably isn't. I think I've just lost what little respect I had for Portnoy.

[Quadrochosis]

I won't say what I said over there over here.

But it is pretty disheartening to see all this nonsense unfold all these years later after all the hard work that band did to get themselves to where they were.

[The Silent Cody]

I would have to say that I don't like MP more after reading this, if this is true...sorry, Mike. I wish You the best, but far away from DT.

[Plasmastrike]

MP, go away.

[ReaPsTA]

Three thoughts:

- Super confrontational interviewer.  "The situation for James did not significantly changed. His demand to have more involved in the lyrics was not approved"  Where did he even hear about this demand?

- The translation doesn't help much.  "Well, for this album, I have submitted 3 lyrics but for some reasons only one was picked up. You never know, maybe the other two will be reconsidered next time."  You could easily read this and figure that JLB just had a whatever attitude about it.  Unless he's been bullshitting the media this whole time, it seems like JLB was creatively satisfied with this album, being that he was able to bring the vocals to life almost entirely on his own terms.  The performances reflect it too.

- That said, no amount of mistranslation can obscure:

"James: It is correct that there are some legal issues which we need to sort out. Fact is that Mike took a lawyer and we have informed ours. We are are not allowed to share more"
John P: at the end theses are some private issues which we should not talk about in public. Fact is we the band own Dream Theater's name/brand "

To which my response is simple:

I think I've just lost what little respect I had for Portnoy.

It's one thing for him to think that he is Dream Theater.  That's his problem.  It's another when he's threatening the livelihood of the band with his selfishness.

EDIT:  Also, to anyone who thinks MP will ever rejoin DT... How could you possibly think this?

[Jarlaxle]

Yeah, I think this officially puts the final nail in MP's coffin, he will never be returning to DT ever again. I would imagine JLB would quit if that were to happen.

[KevShmev]

On the other hand, I am not surprised he would try to wrangle the band name away from them (if that is what happened), but on the other hand, I am.  I mean, Mike Portnoy is definitely somebody who really cares what the fans think of him, and this was a no-win situation.  You have to know that something like this would eventually get out, and did he really expect most to be on his side?  And if he had succeeded and the band was unable to go forward w/o him, he then would have been vilified as the guy who shut Dream Theater down for good.  And if he failed (which he apparently did), he then becomes the guy who, when fans go crazy over the forthcoming album, tried to make it not possible.  It was a no-win situation.  

It also makes his original statement when he left the band look very fake.  He said he didn't want to stand in their way, but months later, he tried to?  

[Aniland]

I also do not like Mike Portnoy anymore if what is being said here is true.

[Madman Shepherd]

There was an interview with Eddie Trunk about 2 years ago on his radio show and they brought up the ownership of the Dream Theater name.  They were talking about Guns N' Roses and a few other bands and then Eddie said "So who owns the DT name?"  There was a very awkward pause and Mike said, "Well, we've never had to worry about that."  At the time I figured that was his way of avoiding saying that the 3 original guys own the name or that has more stake in the name (after they had just trashed Axl Rose for the same thing) and now it looks like that pause was because he didn't want to admit that the band as a whole owns the name or maybe it hadn't been figured out.  

[Jarlaxle]

So if a lawsuit is what happen(ed/ing) does that mean that it is over and Dream Theater won, or is it just beginning? I kind of thought it was just starting after reading it.

[farsight]

  So it wasnt a coincidence after all that there are no songs with Portnoy lyrics this tour. Quite sad that there is a chance that DT will lose its name.

[MajorMatt]

I think I've just lost what little respect I had for Portnoy.

MP, go away.

[KevShmev]

I am not a lawyer, but I would guess that his public statement where he stated that he left the band was almost like a forfeiture of the rights to the band name.  Royalties for future live releases where he has a songwriting credit, musical and lyrical, might still be the big issue, as well as live performances of songs he wrote the lyrics for, I am guessing.

[Aniland]

So it wasnt a coincidence after all that there are no songs with Portnoy lyrics this tour. Quite sad that there is a chance that DT will lose its name.

This is odd to me though, as didn't Rudess say, "It was just a coincidence!" Does that mean that JR lied?

[The Silent Cody]

So, we never hear AA suite in it's all live...   fucking money and law issues  

[chrisbDTM]

welp, MP being a cool guy. taking revenge


if this is true

[The Letter M]

Yeah, I think this officially puts the final nail in MP's coffin, he will never be returning to DT ever again. I would imagine JLB would quit if that were to happen.

Seems likely. I think the only ones who would want to play with MP again would probably be JP and JR, and it'd be really easy to do so if they did another LTE album/tour with Tony Levin. DT seems to be heading in a more performance-driven mode now more than ever with MP gone and MM in, rather than having a more loose, jam-feel, which was evident in some recent tours that included extended jam-sections and full-on improvisations at certain shows. I think if JP and JR want to have that jam-feel again, it'd be easy with MP and Levin. I think they could get the best of both worlds in...two separate worlds, now, rather than all in DT. I think it'd be a good thing, though, to take the LTE out of DT and bring DT back to pre-LTE days (i.e. IAW/Awake feel).

Sad to hear/read about all these legal issues popping up. I hope it doesn't affect the band TOO much. They seem to be doing well so far, but I hope MP wises up and realizes this may hurt/upset the fans more than anything. If he's such a fan's musician, he'll realize what he's doing and reconsider.

-Marc.

[Aniland]

So it wasnt a coincidence after all that there are no songs with Portnoy lyrics this tour. Quite sad that there is a chance that DT will lose its name.

LOL I wonder if that means that Adrenaline Mob will be renamed Dream Theater... not that I expect MP to win that lawsuit, but imagine. IMAGINE.

If that does happen, Dream Theater could just name themselves Mike Portnoy.

[LCArenas]

As I said in Facebook: Whoa man. I've tried to stay away from the MP bashing and stuff, trying to be comprehensive about what the dude feels and all the "Leaving your band after 25 years" pain and the stuff he's said and done, but this crossed the line. I don't want to be disrespectful, But I sincerely think that's a Dick move from Mike.

[Dynia]

It's disappointing to see how MP reacted on the whole situation. I've lost my respect for him.

[ReaPsTA]

On the other hand, I am not surprised he would try to wrangle the band name away from them (if that is what happened), but on the other hand, I am.

The interview said "claiming share", which I don't think means the whole thing.

I mean, Mike Portnoy is definitely somebody who really cares what the fans think of him, and this was a no-win situation.  You have to know that something like this would eventually get out, and did he really expect most to be on his side?

I don't know.  I don't even know if he cared/cares honestly.  I think that - to him - the idea of Dream Theater existing without him as a member is too offensive.

And if he had succeeded and the band was unable to go forward w/o him, he then would have been vilified as the guy who shut Dream Theater down for good.  And if he failed (which he apparently did), he then becomes the guy who, when fans go crazy over the forthcoming album, tried to make it not possible.  It was a no-win situation.  

Hm.  Well, I know what you mean in one sense.  I don't think he ever really considered how pissed DT fans would be at him for putting DT on hiatus for... no reason.  As for the current situation, I don't think he's really trying to stop DT from continuing... right?  I think he just wants a share of the ownership and money.  I'd hope he isn't trying to stop DT, because that would go into a whole new layer of awfulness.  Involving the court system in something like this is frankly scary and creepy.

It also makes his original statement when he left the band look very fake.  He said he didn't want to stand in their way, but months later, he tried to?  

That's predicated on his trying to stop the band from doing what they're doing, which I hope he's not.  Even so, I agree.  There's no dignity or nobility to any of how he's handled himself since leaving the band.

[KevShmev]

So it wasnt a coincidence after all that there are no songs with Portnoy lyrics this tour. Quite sad that there is a chance that DT will lose its name.

This is odd to me though, as didn't Rudess say, "It was just a coincidence!" Does that mean that JR lied?

Maybe technically, but I would call it Rudess taking the high road.  If he said, "It wasn't a coincidence," then that would have opened up a whole can of worms that they probably don't want to deal with.

[Zook]

This is ridonkulous.

DAMNIT MIKE!

[Aniland]

Yeah true. Surprised he didn't just say, "For reasons it would be best to not comment on, yes, we intentionally have omitted lyrics of Portnoy's from this tour." But eh. Rudess is a cool bro.

[Jarlaxle]

Yeah true. Surprised he didn't just say, "For reasons it would be best to not comment on, yes, we intentionally have omitted lyrics of Portnoy's from this tour." But eh. Rudess is a cool bro.

Still would have caused a shitstorm, everybody and their dog would want to know the story behind it. Negative press coverage is not something a band like Dream Theater needs.

[Aniland]

I'm really psyched for when DT gets robbed of their name and they add 'of Fire' to the end of it like Rhapsody did.

Or, y'know, like I said, they change their band name to Mike Portnoy. Or Pike Mortnoy.

[KevShmev]

I mean, Mike Portnoy is definitely somebody who really cares what the fans think of him, and this was a no-win situation.  You have to know that something like this would eventually get out, and did he really expect most to be on his side?

I don't know.  I don't even know if he cared/cares honestly.  I think that - to him - the idea of Dream Theater existing without him as a member is too offensive.

If that is the case, then that is just more evidence that he really didn't think everything through carefully before leaving the band.  It struck me as a rash, emotional and hurried decision at the time, and it still does. 

[tri.ad]

Still would have caused a shitstorm, everybody and their dog would want to know the story behind it. Negative press coverage is not something a band like Dream Theater needs.

Good point, Jarlaxle. If this isn't just coincidence - which seems more likely now - JR pulled the wisest move he could at the start. Although it's void now, it was for the best that it was disclosed until now.

I kind of figured that something in that way might have happened, and to see that Portnoy pulled this move is very disheartening.

[ReaPsTA]

So if a lawsuit is what happen(ed/ing) does that mean that it is over and Dream Theater won, or is it just beginning? I kind of thought it was just starting after reading it.

It's obviously still going on.

Yeah true. Surprised he didn't just say, "For reasons it would be best to not comment on, yes, we intentionally have omitted lyrics of Portnoy's from this tour." But eh. Rudess is a cool bro.

Because that would have hinted at a bunch of stuff the band didn't want to talk about.  It's tough to tell from the translation, but JP especially seemed really uncomfortable talking about the lawsuit.

Dick move from Mike.

This is beyond a dick move.  Literally millions of dollars are at stake now as well as ownership of the band's name.  Let's say the judge was really sympathetic to MP and awarded him full ownership of the name.  Then all the sudden either MP could prevent DT from using it or charge the band a fee to use it.  Both of these results would be horrible.

It struck me as a rash, emotional and hurried decision at the time, and it still does.  

At the time I didn't realize it, but in retrospect I completely agree with you.  And given how things have played out, I'm actually really surprised he left the band instead of trying to force them into compliance.

[Ben_Jamin]

Didn't think any more logs would be found, but this is a giant stump added to the fire.

I don't know what to say other then....None of my business.

Also, if true that means no ACOS.

[robwebster]

I'd have liked Bridges in the Sky as an album title.

[Jamariquay]

If worse comes to worse, Dream Theater can always just change their name to "Eat My Ass And Balls."