Michael Jackson basically didn't have a pot to pee in, he'd had to have his mortage on Neverland bailed out. He didn't have the cash or was able to borrow money to pay for the 'This Is It' tour.
The only way he is going to have any money it seems is if he did the 'This Is It' shows.
Gongaware is mindful of Jackson's finances, cuts a deal that saves Jackson millions and family want to present it as sinister.
If AEG were out to scalp Jackson they would have made his music catalogues part of the contract and pushed out the boat on production way beyond Jackson's means.