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Also, this will effect DC slightly since Kirby had a hand in some of its hero/villain roster. Most notably Darkseid, one of the best villains to come out of DC.
You would think this sort of situation would have been handled a long time ago.
But either way, I have to disagree that the rights returning to Kirby's Estate is an example of commerce kicking art's ass. It seems a little counter-intuitive to argue that ruling in favor of huge corporate entities is working against art. Kirby himself was involved in fights with Marvel over his rights to the things he created or co-created and I don't see why it wouldn't be a good thing for that fight to be won by the side of the creator. It's not really likely that Kirby's estate will prevent the production of future films. They would just be involved and receive compensation for the use of the characters.
Bithches.