As is often the case, I like Tom Spurgeon's take on this...

"Fourth, this case should never have been filed. It’s pathetic that it had to come to this. Marvel should have used a decade’s worth of mega-cash to settle honorably with the Kirby family a long, long time ago, using their current relationship with Stan Lee — which itself had to be haggled out in court — as a model. Marvel doesn’t even match its closest rival’s efforts in terms of compensating creators for use of their characters in movies, and at some point, no matter how well they treat their current crop of creators, no matter how many entertaining comics they make, no matter how many weekends are won by their movies, this easily correctable series of +##@*% policies should matter to people."

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