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Marvel Worldwide, Inc. et al v. Kirby et al - The Final Judgement

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When emotion and sentiment was removed the Jack Kirby vs Marvel court case was always going to be a legal long shot for the Kirby estate and Marc Toberoff. The ruling has been handed down and, as expected, unfortunately the Kirby heirs didn’t win. After reading all of the documentation that was submitted in the case I seriously doubted that they would win, but I still held out hope that a miracle could happen. However a court case of this kind is decided on proof, not opinion. A person might know something for a fact, or believe that they do, but unless it can be proven it just remains one person’s word against another, and in this case the best the Kirbys could offer were the testimony of two people who relied on hearsay (Mark Evanier and John Morrow) and three artists, Steranko, Sinnott and Ayers, none of whom could testify that they knew, beyond doubt, how Kirby and Lee worked. If anything their testimony bolstered the Marvel case, as they stated that they never did work on …

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