Mike Portnoy has sued Dream Theater - Progressive Rock Music Forum

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stonebeard View Drop Down

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Posted: September 19 2011 at 19:30

Roger Waters called and wants his bitterness back.

DisgruntledPorcupine View Drop Down

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Posted: September 19 2011 at 19:54

Came home. Was surprised this wasn't posted:
http://www.roadrunnerrecords.com/blabbermouth.net/news.aspx?mode=Article&newsitemID=163477

According to Courthouse News Service, ex-DREAM THEATER drummerMike Portnoy filed a lawsuit against his former bandmates in April claiming that they "wrongfully excluded" him from the group and are "wrongfully using the name of the band in connection with [their] recording of an album without the participation or consent of [Portnoy]." In addition, the drummer's complaint, which was filed on April 27, alleges that the defendants — John Petrucci (guitar), John Myung (bass), Jordan Rudess (keyboards), James LaBrie (vocals), along with associated companies Ytse Jam, Inc. and Infinity Tours, Inc. — "are wrongfully using the name of the band in connection with the promotion of live performances by the individual defendants, without the participation or consent of [Portnoy]."

In an August 2011 interview with the Greek edition of Rock Hardmagazine, Portnoy stated about his departure from DREAM THEATER, "I didn't make the decision to leave DREAM THEATER before [hooking up with] AVENGED SEVENFOLD [as their touring drummer], but I knew that something had to change in the DREAM THEATER camp. It's unfortunate that it was me that had to change, because I never wanted to leave the band — it was never my intention; I never wanted the split. I just merely thought that the band really could use a break, because I think the romance was really dying — backstage and between [the members] personally. 25 years without a break is a very, very, very long time and sometimes these relationships need a break from each other to rekindle the flame. So that's all I suggested. And even before I [went on the road] with AVENGED SEVENFOLD, I remember touring with [the progressive rock project] TRANSATLANTIC at the beginning of 2010 and already knowing that something was wrong in the DREAM THEATER world and that I really needed a break from the guys and the whole DREAM THEATER machine. I knew something was brewing and I knew that I was unhappy, and as has been well documented elsewhere, I merely just wanted a break. But unfortunately, those guys [the rest of DREAM THEATER] didn't see it that way and didn't respect my request for time off. It's unfortunate [that it turned out that way]."

Portnoy, who co-founded DREAM THEATER more than 20 years ago, announced his departure from the band in September 2010 while on tour with AVENGED SEVENFOLD. He has since been replaced by Mike Mangini (ANNIHILATOR, EXTREME, JAMES LABRIE, STEVE VAI).

Portnoy played on AVENGED SEVENFOLD's latest album, "Nightmare", following the death of that band's drummer, Jimmy "The Rev" Sullivan, and toured with them for the entire second half of 2010.

DREAM THEATER's new album, "A Dramatic Turn Of Events", was released on September 13 via Roadrunner Records.

For a copy of the court papers:
http://www.courthousenews.com/2011/04/28/Portnoy.pdf

What little respect I had for the man is now gone. Mike QUIT the band, and is now suing them for wrongfully excluding them?

Edited by DisgruntledPorcupine - September 19 2011 at 19:56

Padraic

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Posted: September 19 2011 at 20:01

so lulzy

DisgruntledPorcupine View Drop Down

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Posted: September 19 2011 at 20:37

So anyways, what to say. I've lost all respect for MP. He's filing a lawsuit for wrongful exclusion when he quit! Shameful...

Drew

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Posted: September 19 2011 at 20:44

What a prick.

Henry Plainview View Drop Down

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Posted: September 19 2011 at 20:46

rushfan4 wrote:

Sounds like it is still an active case then. I'm sort of surprised that a "cease and desist" order wasn't issued prior to the release of the new album, since the lawsuit was already in existence.

It is a shame that it has come to this, but music IS a business. At least at their level.

If he actually tried to do that (and we don't know what he did), the judge probably thought his case wasn't strong enough to block the release. I mean, blocking the release isn't really relevant to his case.

Andyman1125 wrote:

This was posted today: http://www.roadrunnerrecords.com/blabbermouth.net/news.aspx?mode=Article&newsitemID=163477

Yeah, but that's just citing the document in the OP, that doesn't really mean anything.

Edited by Henry Plainview - September 19 2011 at 20:49

if you own a sodastream i hate you

Horizons

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Posted: September 19 2011 at 20:46

I think he needs money after that failure of a project Adrenaline

Edited by Horizons - September 19 2011 at 20:47

The T

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Posted: September 19 2011 at 20:49

Fail Portnoy

Henry Plainview View Drop Down

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Posted: September 19 2011 at 20:52

Well here's some confirmation, but I'm too lazy to screencap it on this computer so I hope he doesn't delete the tweets later:

http://twitter.com/#!/MikePortnoy/status/115907302732726272

http://twitter.com/#!/MikePortnoy/status/115907785148997632

http://twitter.com/#!/MikePortnoy/status/115945005780180993

lol, whatever you say Mike.

if you own a sodastream i hate you

Epignosis

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Posted: September 19 2011 at 20:57

Tweet my ass and balls.

https://epignosis.bandcamp.com/album/a-month-of-sundays

The T

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Posted: September 19 2011 at 21:01

Epignosis wrote:

Tweet my ass and balls.

That expression doesn't give the impression of big balls.

Andy Webb

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Posted: September 19 2011 at 21:07

Drew wrote:

What a prick.

Pretty much.

He's lost a lot of respect from me.

Padraic

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Posted: September 19 2011 at 21:11

What did he expect the other guys to do, curl up into a ball and die?

Dream Theater is among the most well-known, popular, and I would guess lucrative prog/metal acts in the world - the other members would be foolish not to want to continue.

Catcher10

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Posted: September 19 2011 at 21:21

Certainly for all those fans that wished or thought Portnoy would eventually return to Dream Theater.......you can bury those thoughts a mile deep......It ain't never gonna happen now.

All posts releated to this matter on the DT website boards have been locked

The new Dream Theater chapter has begun.....

Edited by Catcher10 - September 19 2011 at 21:28

Epignosis

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Posted: September 19 2011 at 21:27

Catcher10 wrote:

Certainly for all those fans that wished or thought Portnoy would eventually return to Dream Theater.......you can bury those thoughts a mile deep......It ain't never gonna happen now.

The new Dream Theater chapter has begun......

Or the first chapter of LaBrie, Mangini, Rudess, Petrucci, & Myung.

https://epignosis.bandcamp.com/album/a-month-of-sundays

Catcher10

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Posted: September 19 2011 at 21:30