Originally Posted by KalMart
Not as long as Toberoff has ownership interest in it.
And take on a Superman that doesn't fly and can't fight Lex Luthor, etc...unless they pay the ridiculous asking price from WB to use the rest?
DC is already showing that they're prepared to at least try going forward with 'the hero formerly known as Superman', especially if Toberoff is a major shareolder of the heirs' 'half'.
But lets say the heirs would want to at least 'entertain' offers....how would they do that? They'd need...a lawyer! Their current one has his own entertainment industry aspirations in mind.....and they couldn't afford to pay him in the first place, hence the ownership deal. What else could they offer aside from...the little bit of Superman that they still had? So now you'd have two Toberoffs...probably fighting over what deal to make with who...and the heirs are left at the soup line.
Meanwhile, DC is just moving ahead with their new(-ish) character named The Man Of Steel.
If you read Trexler's stuff WB/DC''s strategy is clear.
They want to create a new character formerly known as Superman who can pass the not-being a derivative test in the courts. It won't be easy but clearly DC will change the character as much as they have to to get where they need to get.
If they succeed it's a big win for them in that they get the villains and a lots of good stuff.
But the biggest win is that they own the character in toto and the clock starts running from scratch. The new guy formerly known as Superman will be in WB/DC's control for 75 years. No having to give him up in 15 plus years when he goes public as the heirs and Toberoff will both have to do with their rights.
DC IMO absolutely wants a new character and is willing to say an early goodbye to Superman and make sure no one uses him in the interim. Again, IMO.
The second part of their strategy is to mount a legal assault on the heirs and Toberoff which will effectively block them from using their rights for as long as possible. 10 or more years. So that when they get the rights unencumbered they'll have little if any time to make any money off of them.
I wish DC would license the rights to the heirs so another classic Superman film can be made but I agree with you - with Toberoff in the mix that won't happen. Even if he wasn't there ZI think WB would fear a Marvel/Disney Superman film would be a hit and embarrass them. After SR and now GL.
Both Toberoff and the heirs have problems with freeing up the international rights to Superman which WB and DC will still own 100% of. So Toberoff could make a film for release in the US but couldn't release it overseas w/o WB's permission and after paying huge fees.
Toberoff and the heirs could go to the international court in the Hague ... but, get the picture, whatever they win in 2013 is useless for a least a decade if not more.
The real losers are the heirs. In the end they will get squat from all this effort.
And WB/DC will have ditched Superman and perhaps created a new character who may actually be more viable. No one knows.