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One of the more troubling things to come out of the Siegel/Warners/DC lawsuit decision this week was the feeling that everyone involved in creating Superman stories has already decided that the character is broken. Is Superman's failure a self-fulfilling prophecy?

    Defendants' film industry expert witness, Mr. [John] Gumpert, termed Superman as "damaged goods," a character so "uncool" as to be considered passe, an opinion echoed by Warner Bros. business affairs executive, Steven Spira... Indeed, Mr. [Alan] Horn [Warner Bros. President] admitted to being "daunted" by the fact that the 1987 theatrical release of Superman IV had generated around $15 million domestic box office, raising the specter of the "franchise [having] played out."

Almost as surreally, DC and Warners apparently argued to the court that

    Superman was equivalent [in terms of public recognition and financial value] to a low-tier comic book character that appeared mostly on radio during the 1930s and 1940s and that has not been seen since a brief television show in the mid-1960s (the Green Hornet); an early 20th century series of books (Tarzan) or a 1930s series of pulp stories (Conan) later intermittently made into comic books and films; or a television, radio, and comic book character from the 1940s and 1950s, much beloved by my father, that long ago rode off into the proverbial sunset with little-to-no exploitation in film or television for decades (The Lone Ranger).

And these are the people in charge of the character!