Lawsuite

[AgentPat]

Variety: "Still to be resolved is the question of whether Smallville … is actually infringing on the Superboy copyright."

Warner Bros.: "The court's ruling does not affect the television series Smallville, which is grounded in depictions of a young Superman that pre-date the publication of Superboy in 1944 and which therefore are not subject to the termination notice, even if valid."

Smallville Pilot:
Lana Lang: "What are you, man or superman?"
Clark Kent: "I haven't figured it out yet."

Case closed for me, but I'm not an expert in intellectual property rights and/or copyright infringement. Eh. People will sue for anything these days.

if this DOES go to court, I'll be right there with Ludacris LMAO because you KNOW it's gonna come down to pre and post crisis comparisons...

Variety: "In their request for partial summary judgment, Siegel and Larson didn't ask for a copyright infringement ruling, which Lew said would require a 'detailed factual comparison.'"

 

[Darthphere]

This is all rubbish, they have little to no case. Its convenient waiting 5 years to bring this lawsuit, you know once Smallville started making some money. And on the eve of the Superman movie. They get paid enough as is. I really hate when family members think they deserve something for what someone else created.

 

[triplet]

Uhm... they're Siegel's heirs, they're entitled to inherit whatever he owns and the court said he owned Superboy.

Whether Smallville is based on Superboy, which I think is seriously in question, is a whole 'nother matter...

 

[Darthphere]

Uhm... they're Siegel's heirs, they're entitled to inherit whatever he owns and the court said he owned Superboy.

Whether Smallville is based on Superboy, which I think is seriously in question, is a whole 'nother matter...

Ok? Theyre heirs, it doesnt mean jack. It just means their father and husband co-created possibly the greatest character in comics. Theyre getting paid everytime a Superman related item is sold. This is pure greed at its finest.

 

[The Sage]

Speaking of Superboy....

My boy!!!!!

 

[Kane]

Superboy got slaughtered. I loved it.

 

[The Sage]

Superboy got slaughtered. I loved it.

A hero's true farewell.

 

[The Sage]

Secondly, Clark has never been referred to as the Superboy character

AC called him "Superboy".

and he doesnt wear the costume.

Neither did he.

 

[AgentPat]

AC called him "Superboy".

And Chloe called Eric "Superboy" in Leech. She even wrote an article on him.

In the SV Pilot, Lana asked Clark if he were man or superman. Clark said he hadn't figured it out yet. That's the whole premise to SV in a nutshell.

I think Warners has a pretty good case here. Correct me if I'm wrong, but post crisis Superboy isn't Clark Kent, right?

Neither did he.

But that's Conner, not Clark. Conner is Superboy, and Clark is Superman. They're two different characters, even if SV's Clark isn't called Superman yet. Furthermore, didn't that comic series come out *after* SV? Couldn't DC argue that series was designed to look like SV, not the other way around?

I'm with Hulk on this. I think that lawsuit is gonna tool around in legal hell till long after SV is done. But if and when it does reach trial, it's gonna be pretty funny to see play out.

 

[The Sage]

And Chloe called Eric "Superboy" in Leech. She even wrote an article on him.

In the SV Pilot, Lana asked Clark if he were man or superman. Clark said he hadn't figured it out yet. That's the whole premise to SV in a nutshell.

I think Warners has a pretty good case here. Correct me if I'm wrong, but post crisis Superboy isn't Clark Kent, right?

Right. But since he does have the name "Superboy",

Spoiler

that could've been the reason for his death this month. Sounds like DC is covering that fast.

But hasn't been said that much of Smallville is based on the Silver Age, hence Pre-Crisis? Perry coming to Smallville to interview Superboy, Lois Lane coming to Smallville as well. Prior to Birthright, Lex had never been in Smallville or interacted with Clark Kent until Metropolis.

But that's Conner, not Clark. Conner is Superboy, and Clark is Superman. They're two different characters, even if SV's Clark isn't called Superman yet. Furthermore, didn't that comic series come out *after* SV? Couldn't DC argue that series was designed to look like SV, not the other way around?

That Superboy has been for nearly 13 years.

Thing is, Clark isn't Superman on Smallville. Isn't that the reason many people say he's innocent of what happened in "Reckoning', because he's not Superman yet and is learning through mistakes no matter what they are?

Plus, you factor in the supervillains he's fought. Make the show interesting they do, but post-crisis Young Clark didn't fight any supervillains. But pre-crisis Young Clark did. They'll probably argue that.

On another note, if this does affect the comics even more, then they'll probably yank the Superboy in the Legion of Superheroes.

I'm with Hulk on this. I think that lawsuit is gonna tool around in legal hell till long after SV is done. But if and when it does reach trial, it's gonna be pretty funny to see play out.

We'll see. In the long run, can't really hate the Siegel or Shuster families. They're really just getting what was denied to them for decades.

 

[Ultimate_Superman]

And Chloe called Eric "Superboy" in Leech. She even wrote an article on him.

In the SV Pilot, Lana asked Clark if he were man or superman. Clark said he hadn't figured it out yet. That's the whole premise to SV in a nutshell.

I think Warners has a pretty good case here. Correct me if I'm wrong, but post crisis Superboy isn't Clark Kent, right?

But that's Conner, not Clark. Conner is Superboy, and Clark is Superman. They're two different characters, even if SV's Clark isn't called Superman yet. Furthermore, didn't that comic series come out *after* SV? Couldn't DC argue that series was designed to look like SV, not the other way around?

I'm with Hulk on this. I think that lawsuit is gonna tool around in legal hell till long after SV is done. But if and when it does reach trial, it's gonna be pretty funny to see play out.

No Pat Superboy has been around since the early 90's remember Superboy was made when Superman died.

 

[Ultimate_Superman]

Right. But since he does have the name "Superboy",

Spoiler

that could've been the reason for his death this month. Sounds like DC is covering that fast.

Not really because Robin is trying to reclone him though I do hope Superman already brought him back as SuperNova

 

[The Sage]

Not really because Robin is trying to reclone him though I do hope Superman already brought him back as SuperNova

Oh I know, I read Teen Titans. Who is SuperNova?

 

[Brainiac 8]

But hasn't been said that much of Smallville is based on the Silver Age, hence Pre-Crisis? Perry coming to Smallville to interview Superboy, Lois Lane coming to Smallville as well. Prior to Birthright, Lex had never been in Smallville or interacted with Clark Kent until Metropolis.

Actually, Pre-Crisis Superboy and Lex Luthor did interact in Smallville. In the Superboy comics, Superboy accidentally caused Lex to lose his hair, by blowing flames out from spilled chemicals. The effects of the blown fumes caused him to lose his hair.

 

[Ultimate_Superman]

Actually, Pre-Crisis Superboy and Lex Luthor did interact in Smallville. In the Superboy comics, Superboy accidentally caused Lex to lose his hair, by blowing flames out from spilled chemicals. The effects of the blown fumes caused him to lose his hair.

Where there you have Lex's real origin and why he hates Superman.

 

[Ultimate_Superman]

Oh I know, I read Teen Titans. Who is SuperNova?

Now one knows he or she is a new Super-Hero who I am hoping is Superboy

 

[Super_Ludacris]

Most DC adaptions are influenced by pre-crisis it seems, because most of the writers grew up off that. Really only DCAU and BB you could argue are different

 

[The Incredible Hulk]

well that and the fact that Byrne was a HACK!

 

[Brainiac 8]

well that and the fact that Byrne was a HACK!

Amen to that.

 

[The Sage]

Actually, Pre-Crisis Superboy and Lex Luthor did interact in Smallville. In the Superboy comics, Superboy accidentally caused Lex to lose his hair, by blowing flames out from spilled chemicals. The effects of the blown fumes caused him to lose his hair.

I'm sorry, I should've said prior to Birthright in the Post-Crisis.

 

[AgentPat]

Right. But since he does have the name "Superboy",

Spoiler

that could've been the reason for his death this month. Sounds like DC is covering that fast.

I might buy into that theory IF the lawsuit involved the Superboy comics as well as SV, but it doesn't. They're only going after SV. Gee, wonder why? Couldn't have anything to do with the gobs of money it's worth vs. a pulp comic that prints how many issues per year, and in what quantities? LOL

But hasn't been said that much of Smallville is based on the Silver Age, hence Pre-Crisis? Perry coming to Smallville to interview Superboy, Lois Lane coming to Smallville as well. Prior to Birthright, Lex had never been in Smallville or interacted with Clark Kent until Metropolis.

I'm sure some of those arguments will play into the plaintiff's case. I just think Warners' has a better case in rebuttal. It's up to the plaintiffs to prove SV is based on Superboy, and it simply is not. There are elements from Superboy, but SV's Clark Kent was never meant to be seen as "Superboy" as established in pre-crisis comics. There's a HUGE difference there Sage, and the lack of a suit is a perfect place to start.

That Superboy has been for nearly 13 years.

Okay. I didn't know that. I don't read Superboy comics. I thought it was a new thing with Teen Titans, but I don't know how long they've been around either.

Thing is, Clark isn't Superman on Smallville.

No, he's Clark Kent. But when push comes to shove, he's more Superman than Superboy in design and foreshadowing, and that's the point I think Warners will make.

Isn't that the reason many people say he's innocent of what happened in "Reckoning', because he's not Superman yet and is learning through mistakes no matter what they are?

Well, I'm not gonna get into the debate over guilt or innocence in Wreckoning; it's irrelevant to the case being tried. Regardless of whether he's Superboy or pre Superman, SV's Clark Kent is still young. That's the point.

Plus, you factor in the supervillains he's fought. Make the show interesting they do, but post-crisis Young Clark didn't fight any supervillains. But pre-crisis Young Clark did. They'll probably argue that.

Possibly. I don't know what they'll argue quite frankly, but one of the key sticking points from the Variety article seems to be the name of the town itself. The plaintiffs are arguing that since Superboy's home town was Smallville, then the Clark Kent in Smallville (the show) must be Superboy. But I'm not buying into that equation.

On another note, if this does affect the comics even more, then they'll probably yank the Superboy in the Legion of Superheroes.

It hasn't effected them yet (directly). Again, the lawsuit cites SV, not the comics. I don't think the comics are worth their time, but that's just my opinion.

We'll see. In the long run, can't really hate the Siegel or Shuster families. They're really just getting what was denied to them for decades.

Welcome to America, 'cause if a loophole can be found, a good lawyer will squeeze an elephant through it. And a dumb jury will be right there to back 'em up.

 

[Ultimate_Superman]

I'm sorry, I should've said prior to Birthright in the Post-Crisis.

Yes, Yes you should have but didn't.

 

[The Sage]

I might buy into that theory IF the lawsuit involved the Superboy comics as well as SV, but it doesn't. They're only going after SV. Gee, wonder why? Couldn't have anything to do with the gobs of money it's worth vs. a pulp comic that prints how many issues per year, and in what quantities? LOL

Good point, considering Superboy comics haven't been printed for years.

I'm sure some of those arguments will play into the plaintiff's case. I just think Warners' has a better case in rebuttal. It's up to the plaintiffs to prove SV is based on Superboy, and it simply is not. There are elements from Superboy, but SV's Clark Kent was never meant to be seen as "Superboy" as established in pre-crisis comics. There's a HUGE difference there Sage, and the lack of a suit is a perfect place to start.

A good point, and I don't think Warners will lose. I do think Siegels do have some ground though.

Okay. I didn't know that. I don't read Superboy comics. I thought it was a new thing with Teen Titans, but I don't know how long they've been around either.

No problem.

No, he's Clark Kent. But when push comes to shove, he's more Superman than Superboy in design and foreshadowing, and that's the point I think Warners will make.

I'm sure they will.

Well, I'm not gonna get into the debate over guilt or innocence in Wreckoning; it's irrelevant to the case being tried. Regardless of whether he's Superboy or pre Superman, SV's Clark Kent is still young. That's the point.

Hmm...yeah I think I'll avoid that argument myself.

Possibly. I don't know what they'll argue quite frankly, but one of the key sticking points from the Variety article seems to be the name of the town itself. The plaintiffs are arguing that since Superboy's home town was Smallville, then the Clark Kent in Smallville (the show) must be Superboy. But I'm not buying into that equation.

That is a weak excuse.

It hasn't effected them yet (directly). Again, the lawsuit cites SV, not the comics. I don't think the comics are worth their time, but that's just my opinion.

Probably true.

Welcome to America, 'cause if a loophole can be found, a good lawyer will squeeze an elephant through it. And a dumb jury will be right there to back 'em up.

Ain't that the truth.

 

[The Sage]

Yes, Yes you should have but didn't.

Alright enough out of you, LOL.

 

[Brainiac 8]

I'm sorry, I should've said prior to Birthright in the Post-Crisis.

Sorry, I thought you meant pre-crisis.