BillyBatson4360 wrote:
I can't really point to a specific source,
So we go from "he's been very vocal about not suing" to you not being able to cite a source, and you arguing about how your interpretation of his views would be inconsistent with him suing. In other words, he hasn't been very vocal about not suing.

As I understand it (and others may correct me if I am wrong), Ditko has also not been interested in receiving royalty payments for his earlier work
I've heard from people at both DC and Marvel that Ditko gets royalties (or whatever term Marvel uses) for reprints of his work.  So much for your interpretation of his ethics and their real-world impact.

I'm not sure what you mean by "the copyright window" as the Kirby estate suit doesn't appear to center on a copyright expiration/reclamation issue
Of course it does.  The original copyrights are up in a few years, someone has a right to renew them, the Kirby estate claimed they do, Marvel sued claiming they do.  The Kirby claim filed almost two years ago was for the years 1958-1963.  The Ditko material that's most worth claiming runs from 1962-1966, so some of it is probably still outside the window (and none of the earlier stuff is close to passing out the other side), so if Ditko is thinking of reclaiming them (and neither you or I have any knowledge of whether he is) it would probably make sense to wait until it can all be done in one blanket claim, and until the case law in other cases (including but not limited to the Kirby one) is fully resolved.

Second, I don't find a "Based on the comics by" credit confusing in the slightest. Nor do I think it confusing to the average movie goer. The comics are the source material. The guys named in the credit are the guys who created the comic. What else could it possibly mean?
All I'm saying is that "Based on the comics by..." is weaker than "Created by...", and it's no accident that Marvel chooses to go with the weaker version (when they choose to include anything at all).  You want to pretend they're the same thing, fine, but to me, you haven't included a creator credit if you're not willing to use the word created.