Mike Portnoy Sues Dream Theater?

Mike Portony filled a lawsuit against the band in the wake of his quitting, claiming that band mates "wrongfully excluded" him from the group.

Mike Portnoy Sues Dream Theater?
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When Mike Portony unexpectedly departed Dream Theater in September 2010, a series of somewhat acrimonious exchanges between him and the band followed that suggested that his leaving was less than amicable. Now, Hennemusic is reporting that the drummer filled a lawsuit against the band in the wake of his quitting, claiming that band mates James LaBrie, John Myung, John Petrucci and Jordan Rudess "wrongfully excluded" him from the group and were "wrongfully using the name of the band in connection with [their] recording of an album without the participation or consent of [Portnoy]." The suit also alledged that the defendants, who as well as the Dream Theater members included assoicated companies YtseJam, 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]." Mike Portnoy has issued his own statement on the events, claiming that he is legally required to remain tight lipped: "Everyone needs to chill out. Stop feeding into this negative poison on the net... I am legally NOT ALLOWED to speak of business matters, but I'm sure you realize there are two sides to every coin... If I could openly talk about this stuff and explain the REALITY of everything, I would love nothing more!!! But I am legally unable to discuss it... In the meantime, life is bright and positive...I am happy and so are they....so shouldn't YOU be too??? Don't believe the hype...Carpe Diem!" Meanwhile, Portnoy's former band mates continue to tour with replacement drummer Mike Mangini, who handled rhythm duties on new album A Dramatic Turn Of Events, which was released this week.

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    Scorpyin
    Downfault wrote: Interpolheed wrote: Okay, seriously, this guy sounds like a whiny bitch, but you guys still need to get the facts straight. He just wanted a small break from the band, because he felt their musical creativity was stagnant, but they didn't want to take a break, so he was essentially kicked out. It's a complicated issue, but seriously, "he left to be with A7X," I know this guy is a whiny bitch, but no one in their right mind would do that. He was playing for them, but to leave DT for A7X, yeah, that's just....no. Ok looks like you need to get some facts straight. They didn't want to take a break so he decided to leave for good because he probably figured A7X wanted a drummer of his caliber to stick around. He left on his own accord and speaking of that: Count Orlok wrote: The business side of music is ugly. Stop buying into sensationalist drama. No one knows the whole story as to what's going on, so stop making stupid speculations people. Though this maybe true, all of these legal allegations only began because of his decision to leave the band. So to speak, he is the reason there are problems between him and the band. It would have never happened if it weren't for this very reason.
    Wasn't aware you were in the band, what's that like? But yeah seriously everyone relax and take a hit like mike said. Everyone's happy except the fans, haha isnt that always the case?
    K!d_MeTaL
    This is all false he explained it on his forum. The "press" just sucks liquid excrement through a straw.
    krakkrox
    Al di Giltrucci wrote: Mike, you're turning into the Roger Waters of Prog Metal
    Oooohhh, SNAP!! That was a good one!!
    krakkrox
    Say what you want Mike, but if I hear that DT can't be called DT anymore, I'll know whose fault it was. Sure maybe YOU got tired of DT, but to bring your band mates down because they opted to carry on w/out you(rather than taking a 5 year hiatus then a 'glorious return', which he wanted them all to do) is childish. And if you're so innocent of this, forget that legal crap, and give the world a proper explanation for your alleged actions. If my drummer said 'It's me or the band', I'd pick the band too.
    troyofyort
    i_am_metalhead wrote: Downfault wrote: Interpolheed wrote: Okay, seriously, this guy sounds like a whiny bitch, but you guys still need to get the facts straight. He just wanted a small break from the band, because he felt their musical creativity was stagnant, but they didn't want to take a break, so he was essentially kicked out. It's a complicated issue, but seriously, "he left to be with A7X," I know this guy is a whiny bitch, but no one in their right mind would do that. He was playing for them, but to leave DT for A7X, yeah, that's just....no. Ok looks like you need to get some facts straight. They didn't want to take a break so he decided to leave for good because he probably figured A7X wanted a drummer of his caliber to stick around. He left on his own accord and speaking of that No, you need to get your facts straight. He never quit the band. He wanted the band to take a break and they refused so he told them that he wasn't going to work with the band for the time being. Then they decided to replace him (i.e. they fired him from the band). It was never his choice to permanently quit DT. DT would have been better off letting Portnoy return. I cannot see what the hype is about Mangini - I've watched videos of him and thought "Wow, this guy's a joke."
    This was actually going to be a good comment until you called Mangini a joke. He's great whether or not you like him, dont be an idiot MP fanboy, I'm still tired of Kevin Moore Fanboys whining...
    moscaespañol
    I love Portnoy, easily one of my top five drummers, but what a fecking queen. "Oh, I'm gonna go play with a shit band, but now DT is releasing great music and going on tours, better sue their ass!"
    lars17
    all you stupid ****s who think you know the real story can **** off. i love how everyone thinks they know the story by reading one article. dumbasses
    reignofrock
    I love Portnoy, but he is gradually losing all of my respect. C'mon man, you effed up so live with it.
    DrCOOL
    Yea I'm sure they're happy about pending litigation. get real moron.
    TNA
    Why is everyone saying Mike left? The way I heard it was he wanted to take a break, they didn't and basically gave him an ultimatum. I don't think he ever really had the intentions of quitting, he even tried to make amends and get back in, but everyone said no. Although the lawsuit is dumb, he does have a point, he started Dream Theater so the name is still part his, probably mostly his.
    sucubus
    Ok everyone, this Mike Portnoy comment from earlier today, taken off his forum should clear everything up: First of all, I did NOT sue them....and second of all, I DESPERATELY tried to discuss matters with them personally to avoid ANYTHING LIKE THIS and yet THEY insisted on ONLY using lawyers...so my lawyers filed those papers (BACK IN APRIL mind you) as that was the position they chose to take...if the band wouldve talked to me, it wouldve NEVER come to that!!! All that aside, this was 6 months ago....so yes indeed, we have all moved on since then... I'm still really not allowed to discuss any of this publically, but I feel everybody's hasty and half-truth filled witchhunt yesterday deserves to be addressed to help at least try to clear my name and reputation that was so wrongly tainted by yesterday's false conclusions... The fact is, when you have a band (or a corporation or marriage) for 25 years there are business and financial things that need to be sorted out behind the scenes...however, it was incredibly LAME of Blabbermouth to exploit these private issues and divulge personal information that is clearly nobody's business other than our own. They are creating hate and negative propaganda and poisoning the minds and spirits of music fans around the world...shame on them. MP so there ya go. enough of the hate already....Gawd!!!
    sickassfoo
    now im glad this ***** ignored me when i met him in person he is just a piece of shit
    Skuzzmo
    I like the way that a lot of you phuckers don't let the truth get in the way of a good hating session. I'm impressed.... srsly, I am.
    somestraycat
    ok, people are stupid. 1) nobody, (including portnoy) would leave DT for A7X. it would just be a stupid move. ESPECIALLY nobody with his musical capability. 2) this "lawsuit" never went anywhere. Portnoy never went anywhere with it. read other sources. the attorny for DT released a statement saying so.
    stonedhippos
    i don't understand. mike p. left the band, which also means that he no longer had anything to do with the band anymore. he no longer was the leader after he left, so the band can do whatever they want.
    iduno871
    It's already been proven that this is all taken out of context and has been hashed over to death over the past couple of days. Get your facts straight before talking stupid shit. Good god why did UG even post this article? It was all debunked BEFORE they posted this crap!
    Sean-Man
    It might be a lawsuit for somthing else. Maybe Portnoy wrote a drum track for some songs Dream Theatre is going to release and he does not want them using it. Like Portnoy said, do not read into the hype! PS the first line says PORTONY, not Portnoy!
    Lethal Dosage
    TNA wrote: Why is everyone saying Mike left? The way I heard it was he wanted to take a break, they didn't and basically gave him an ultimatum. I don't think he ever really had the intentions of quitting, he even tried to make amends and get back in, but everyone said no. Although the lawsuit is dumb, he does have a point, he started Dream Theater so the name is still part his, probably mostly his.
    This their vocalist even stated in an interview with metal hammer that "Mike wanted to take a break for 5 years and at this point in my career I wasnt willing to do that." Basically saying mike wanted a break singer dude says no and they find another drummer to do the album, so mike is right. Read statements from the people involved not hype. He does have financial rights though hes pretty much saying they promoted an album and tour under the name dream theater which most people who havent read the news would assume is including portnoy which could be considered false advertising and he could be entitled to money not only from that but song writing credits and royalties and all that, its all financial and business stuff that happens when members leave, dividing up the profits and anything like that.
    undertow33
    People need to look at the corporation/legal side of this. He has built Dream Theater over 25 years with his name to it. Along with the band itself, the two companies Ytsejam Inc. and Infinity Tours Inc. were also built with his name to it. Think of it this way, if you started a company, spend 15 - 25 years developing it into a corporation, raking in the dosh and putting all your pride and joy and people would trade with you because of your reputation, then something happens internally where you were suddenly let go after being head of that company for so many years, yet they continue trading under that name which still carries the reputation... Wouldn't you feel pissed off that all your work will basically just go to the rest of the people who let you go in the first place? IF he is suing DT etc., he is not doing it for the name or revenge or whatever, its because he has been excluded from the trading and operation of the band/corporations which have his name written all over them. But as he has said, he is not suing so i'm not sure what he is wanting to get out of the talk between his and their lawyers. Well done Mangini on getting a hectic role too. But if I was a band like DT and I was asked for a bit more time off, I would just say yes because you have been mates for 25+ years. I think it was a mistake on the rest of DT's behalf. Also Mike Portnoy is not the best drummer ever. In fact i think hes VERY overrated, but you have to give him credit because he is an awesome drummer and did a lot for the prog and metal scene.
    Gman400
    I got the boot wrote: Am I the only one who thinks that Dream theater only really got famous from Mike portnoy kicking up a stink?
    Yeah.
    BillR87
    I cannot believe what im ****ing reading here if this is true then this guy really need to ****ing grow up but something about this cant be right man this is ****ed PS Once again if your not a DT fan and your posting hate on the band then please stop wasting your existence on this column and kindly piss off we fail to care for your opinion
    nickzippelli
    Downfault wrote: Portnoy needs to realize already, he left Dream Theater! He was the one who wanted to leave and since things didn't turn out the way he planned he wants to be a baby about it. Get over yourself Portnoy. Your a great drummer but everyone is indespensable .
    try telling that to an ignorant guns n roses fan, imo the only person who is hard to replace is the vocalist in any band, because they are so distinguishable
    I got the boot
    Am I the only one who thinks that Dream theater only really got famous from Mike portnoy kicking up a stink?
    x_hud
    Also, my other point is; even if this lawsuit were true, Portnoy is justified in every way to file it.
    x_hud
    ... To everyone saying "Hurrdurr it's your fault u left for a7x they are terrible hurr, Mike is a whiny b*tch durrr"; please take this into consideration. The man was playing in a band straight for 25 years. It is quite obvious the chemistry between the band was starting to wear thin; if you listened to BCASL you know what I mean. 25 years is a long ****ing time. Probably 10 more years than most of you commenting have lived. Portnoy wanting DT to rest, catch it's breath, and come back stronger is.... well... ****ing smart. Too bad the others didn't agree. DT owes a great amount to Portnoy. The name, a good amount of fan base (drum fans obviously), and the ridiculous amount of work he put in, which has now been pretty much discarded by the other members. Mike worked hard to help DT be what it is now. I would be upset if I were in his shoes too. He put in more work than any of the other members, and he is the one who gets told to leave? Anyways, while Mike was helping the guys in Avenged Sevenfold, I would like to point out how happy he was. He had this HUGE smile every night, he was having the time of his life for the first time in a while. He could relax and do what he enjoys the most; play the drums. It would have been a great opportunity to give his spirit a kick start and help bring DT back as a beast. It is really too bad it didn't work out that way, but in the end maybe things will work out. My point is, take some extra time to look at the whole story, instead of being a music hipster. You look like an ***** when you shit on others for liking music you don't.
    Arthemesic
    Unholy Crusada wrote: Well, it's official. Portnoy is a complete dickwad. I read the suit (there's a PDF of it on the web). It's complete bullshit. "Wrongfully excluded" him from the band? It was his own f*cking choice to leave and go play with A7X! He brought this upon himself. I can't believe he has the gall to sue his best friends of 25 years over something as asinine as this. He's a great drummer all the same, but now he's really starting to act like a douche.
    Exactly! My respect for him is exponentially decreasing.. Like starfire666 said; to think I actually worshipped this man.
    starfire666
    oh yes and one more thing - the DT record without Portnoy blows the last 4 DT records with Portnoy out of the water, enough said...
    PsiGuy60
    theking4everr wrote: http://www.roadrunnerrecords.com/blabber... news.aspx? mode=Article&newsitemID=163514 JUST GO HERE!
    If anyone ever bothered to read comments thoroughly, they would have seen that link 5 times by now, with the space in different places. People really should go there instead of immediately jumping to conclusions, though.
    daylightdies370
    looks like somebody's ragin cause DT wouldn't let em' back in after his little mid-life crisis... XD maybe he should have thought about it before leaving in the first place...