...actually, I believe it's still true that contractually Jon O. cannot tour with TSO. Their 1st ever show (Philly - Tower Theatre) years ago, Paul O' ran the soundboard himself, right next to our seats. We talked to him for about 1/2 hr b4 the show and I asked him if Jon was touring. He said Jon could not due to some contract and probably would never be able to tour w/ them. This is also why Jon did not appear on some of the American versions of the newer Savatage cds after he came back (and remember TSO was on the same label)...such as HoR and DWD. Paul said a conflict w/ was in the US and did not allow Jon's "likeness" in the cd books, but his name could be in them. They have a different record company for overseas Savatage cds (I have a couple) and Jon's pics are in them.
...Paul did go on to say that even if Jon legally could tour w/ TSO, he probably "couldn't" b/c he was fighting too many demons on the road, and was attempting to get his life straight. This was many moons ago, so for whatever it's worth...I met Jon many times after Savatage shows at Birchhill, Jaxx, etc... and was trashed beyond belief. Laying in the entrance roads signing autographs and having pic's taken. ...yes, I was a HUGE Sav' fan and NO I'm not bullshitting the Paul O' story. Just figure I'd interject the story incase anyone wondered or cared about Sav/TSO. Sav put on killer shows throughout their DWD, WoM, and PaM tours...even though they were way removed from their glory days. Criss's passing took a huge part of Sav w/ him. He's still on my top 5 guitarist list (well behind Jeff L and John Petrucci). He absolutely smoked, and at the same time had some of the most melodic, warm, and sweeping solos.
...ok, off my soapbox. sorry.