UPDATE: According to concert promoter Marek Lieberberg Konzertagentur GmbH & Co.KG, FEAR FACTORY's entire German tour — which was supposed to take place between August 3 and August 12 — has been called off. The other European dates appear to be in jeopardy as well.
In a June 14, 2009 appearance on the nationally syndicated radio program "Speed Freaks", FEAR FACTORY drummer Raymond Herrera stated about the band's current status, "[Guitarist Christian Olde Wolbers and I] actually still in FEAR FACTORY. There's a big legal battle going on right now. Essentially, what's happened is Dino and Burt have become friends again and they decided to start a new band, and furthermore, they decided to call it FEAR FACTORY. They never communicated with us about it, and they're acting like there was never any contract, but there's four members that are Fear Factory Incorporated — which is the four of us — so it's almost like them two against us two, so it's kind of a stalemate. Moving forward, I don't know what's gonna happen with the trademark, so to speak. It's kind of a weird situation, but it's not a situation that we created that was weird."
Regarding why Christian and Raymond aren't involved with the new FEAR FACTORY lineup, Bell told U.K.'s Metal Hammer magazine, "It's like a business and I'm just reorganizing. After time, you realize what's important and what's not important, and after talking to Dino again, it just felt good and it felt right."
When asked if he knew straight away that he wouldn't include Christian and Raymond in the new FEAR FACTORY lineup, Burton said, "It's part of the organization. We learned some things and we have a really good rapport with Byron, and Gene is an amazing drummer. Dino and I, as the founders of FEAR FACTORY, we thought, 'Hey, let's try this, a different flavor.' Because wherever me and Dino go, it'll still be FEAR FACTORY, I believe."
Dino added, "I've had many projects in the past and I've played with some of the best drummers in this form of music, from Roy Mayorga to Nick Barker, Tim Yeung, Joey Jordison, and now I'm playing with the king of this genre. How could I pass that up? How could anyone pass up a chance to play with Gene Hoglan?"
Dino's tenure with FEAR FACTORY ended in March 2002 after Bell announced his departure from the group, allegedly telling his bandmates at the time, "Look, guys, I'm not into it anymore, I don't wanna play in the band anymore, I don't wanna play with you guys, and I especially don't wanna play with you, Dino."
FEAR FACTORY eventually reformed without Dino and released two more studio albums, 2004's "Archetype" and 2005's "Transgression".
In a September 2007 interview with MTV.com, Cazares — who currently heads up a new band called DIVINE HERESY — stated about his former group, "In the long run, I believe I came out the winner, and I feel that they have bastardized the name, and it's a completely different band, different style. I definitely carried the passion in that band, and my riffs, my style, they were very distinctive. I don't regret anything I created in FEAR FACTORY whatsoever. It will be part of my memory for the rest of my life. I believe I am continuing the legacy and keeping this metal torch alive and bringing it back with DIVINE HERESY. You can feel the hunger and passion in DIVINE HERESY, which I believe FEAR FACTORY has been missing, and is still missing to this day."
ARKAEA — the new band featuring Wolbers and Herrera alongside vocalist Jon Howard (THREAT SIGNAL) and bassist Pat Kavanaugh (THREAT SIGNAL) — will release its debut album, "Years In The Darkness", on July 13 via E1 Music (formerly Koch Records).
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