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

[TheOutlawXanadu]

I feel like most of the speculations we've made since the DT-MP split have been spot-on, but I'm not about to go do a study on it.

Also, are we sure KM and DS don't get any royalties on the songs they helped write?

[Zook]

Well now I know why Jon Schaffer had Matt Barlow write new lyrics for Written On The Walls. Besides the fact that the original lyrics sucked, I guess Gene Adam would have gotten royalties had they played the song live, am I right?

[orcus116]

After pretty much every rumor so far everyone said "it's just a rumor, too little info", and every time it turned out to be spot on.

No it hasn't, stop talking nonsense.

Maybe so, but people's speculations have been spot-on a lot more often then I think a lot of people would have liked/been willing to admit.

Well yeah because speculate about absolutely everything, so obviously some of it will be right.

I think is has way less to do with that and more to do with the fact that, let's face it, we're not a group of morons so piecing together the confirmed stuff (as some as there may be) and observing pretty obvious personality traits key players have demonstrated over the years it's pretty easy to figure out approximately what's going on and where it might end up. I mean let's be real here, this entire situation is pretty cut and dry and is following exactly the path that is expected considering the types of people involved.

[robwebster]

Right - I've said before that we've got about three layers of stained glass between us and any inch of truth, including two translations (one of them barely qualifying as English). As much as I hate to interrupt everyone's creativity, I thought some facts would make a lovely change.

So, on that basis, here is a list of all the trademarks owned by Ytse Jams Inc.

Among them, two trademarks covering the production of new merchandise, both filed on Friday, December 17, 2010. Post-split, then.

Conclusion? Don't know! I'm not a lawyer, and I'm not pretending to be. Maybe disputes could've recommenced since. But any theoretical legal dispute has clearly not prevented Ytse Jams Inc. from successfully re-registering the name in December.

[robwebster]

Incidentally, there has been no new paperwork about the ownership of the Dream Theater name (as pertaining to live performances and recordings) since 2007.
https://tdr.uspto.gov/search.action?sn=75357074

Its ownership with regards to merchandise is more recent, but no more incriminating:
https://tdr.uspto.gov/search.action?sn=85200399

Just saying. It's more likely a royalties thing.

[BlobVanDam]

I think is has way less to do with that and more to do with the fact that, let's face it, we're not a group of morons so piecing together the confirmed stuff (as some as there may be) and observing pretty obvious personality traits key players have demonstrated over the years it's pretty easy to figure out approximately what's going on and where it might end up. I mean let's be real here, this entire situation is pretty cut and dry and is following exactly the path that is expected considering the types of people involved.

Basically people think they're smart enough to guess based on their own opinions of MP, rather than the few actual facts presented here. It's all speculation. Some people are deciding that MP is suing for rights to the name, when the interview doesn't even say that. It says that MP is suing for money. The name part was only mentioned as part of the argument for being owed that money. And this was only the interviewer asking a question, not said by anyone from DT, or any official source. Where did this guy get his info? We do not know.
The only thing that is even suggested here is that MP is suing for money (which he may be perfectly entitled to, as we have no idea what this refers to)

And let's take the fact that LaBrie only confirms that there are legal issues, and says they can't discuss it. Then JP immediately says that Dream Theater own the name. If they can't comment on it, why would they comment on that point? If JP dismisses that as not even an issue, why are people assuming that is the issue? It sounds more like JP is dismissing that point of the question to me. The only thing that has been confirmed is that there is a legal issue. Does this surprise anyone? This doesn't make MP a bad guy. This is typical legal stuff that is to be expected after 25 years with the band.

The only fact that I can see coming into this is that DT have not played any songs with MP lyrics. A dispute over performance royalties is a distinct possiblity. This is making a fair guess based on actual facts.

And to those who think MP believes he owns the DT name and is trying to take that, there is nothing to support this.

I don't know what your specific belief is on this matter, so I'm only addressing this generally. But some people in this thread have made big assumptions that aren't backed by anything other than their low opinion of MP. And there are some people in this thread who may be spot on.
But I don't see anything intelligent about believing you know the facts based on a translation of a translation of an interview question based on an unknown source.

[DarkLord_Lalinc]

I hope a new snippet is released soon, so attention turns to that instead of this.

[OsMosis2259]

Hoping this ain't true. If it is, I lost all my respect for one of my favorite drummers.

[orcus116]

I should've clarified, Blob. I was meaning to make my comment directed towards ariich's "fire everywhere and eventually hit something" assumption is a silly one to make because most predictions people are making aren't just coming out of no where but based on real life observations or documented stories of people with identical or very similar personalities in almost the same situation. You ask any number of people how an emotional but controlling guy would react in the aftermath of leaving a band over the course of a year and I'd almost guarantee the answers would be strikingly similar to what actually has happened over the course of the last year. Nearly every single logical  prediction on here was always met with " What evidence do you have for this baseless assumption?" even though more often than not they came out to be true. Why? Because people who have certain personality traits follow the same pattern and it's all stuff that has happened to other people in the past. This is nothing new, so pardon people for making good guesses about the future based on historical results.

[Pettor]

I don't see why Dream Theater can play the songs Mike wrote? Live there is no restrictions to what songs you can play? Covers are free for anyone to make without regards to the writer. Dream Theater will have the possibility to play ACOS etc. if they want. I don't see why they would be forced not to!

[BlobVanDam]

I should've clarified, Blob. I was meaning to make my comment directed towards ariich's "fire everywhere and eventually hit something" assumption is a silly one to make because most predictions people are making aren't just coming out of no where but based on real life observations or documented stories of people with identical or very similar personalities in almost the same situation. You ask any number of people how an emotional but controlling guy would react in the aftermath of leaving a band over the course of a year and I'd almost guarantee the answers would be strikingly similar to what actually has happened over the course of the last year. Nearly every single logical  prediction on here was always met with " What evidence do you have for this baseless assumption?" even though more often than not they came out to be true. Why? Because people who have certain personality traits follow the same pattern and it's all stuff that has happened to other people in the past. This is nothing new, so pardon people for making good guesses about the future based on historical results.

I get that point, although to defend ariich's point, we've got a whole bunch of different accusations and assumptions here about what this legal issue is about. As we know for a fact there is something going on, at least one thing in this thread is going to be correct, but highly likely not all of them.
So in a way, it is kind of stabbing in the dark extrapolating from almost no information to every possibility. But some people are already assuming that the worst case is right because they expect it from MP, but I think that's extrapolating too far, even given what we know about his personality as outside observers.

As I don't know what you believe, I can't comment on whether I think you are thinking logically on this or not.
I think a royalties argument is a logical prediction. I think an issue about wanting only money is another logical prediction. I think believing that MP is suing for rights to the DT name is not at all logical. But there's no proof to call anything a good guess right now until you have any information to know what's going on. That's just arrogance.

[BlazedChaos]

I don't see why Dream Theater can play the songs Mike wrote? Live there is no restrictions to what songs you can play? Covers are free for anyone to make without regards to the writer. Dream Theater will have the possibility to play ACOS etc. if they want. I don't see why they would be forced not to!

I'm pretty sure there could be regulations on the live performances, including royalties, these are not normally pursued by the "covered" band as It can be seen as free advertising. However in the uniqueness of this situation it's more likely more complicated, Mike could possibly want some money for this reason.

I'm just looking forward to a great Dream Theater album and It's a shame this info came out at all 

[bosk1]

New thread and the reasons this one is locked here:  https://www.dreamtheaterforums.org/boards/index.php?topic=26924.0