Yeah this whole under contract to Smallville is BS I mean who cuts the checks who owns the rights to most everything on Smallville? WB does so why would Millar and Gough want to piss them (as in WB) off? I mean damn this could work out to their advantage. Millar and Gough could get more characters from DCU and press for the Supergirls Spinoff in return for losing Tom.
