I just found out that U.S. District Judge Stephen G. Larson is stepping down from the bench because Congress's failure to increase judicial salaries made it impossible to support his seven children, all under age 18.

Why does that matter to Superman fans?  More after the break.

Now why is this important, you ask?  As you will recall, Judge Larson is the second judge to be on the Superman/Superboy cases pending in California federal court.  The first judge, Judge Ronald S.W. Lew, in a April 4, 2006 decision, ruled that the Siegel heirs had recaptured the copyright to Superboy.  Moreover, Judge Lew stated, “Enough facts are presented that this Court, contrary to [DC’s] request, could find that the main character in Smallville, is, in fact, Superboy,” and ordered a trial to determine the amount of damages.  This was a very strong ruling for the Siegel heirs.  However, on October 30, 2006, the case was reassigned to the Judge Larson. 

With the presence of a new judge, DC immediately moved for reconsideration of the 2006 decision.  On July 27, 2007, Judge Larson granted DC’s motion and determined that Superboy was a joint work between Siegel and Shuster and that DC had received permission from Shuster's heirs to publish the character.   Moreover, since Shuster's heirs did not seek to terminate, this meant that DC could not be held liable for any infringement of the Superboy character.  Judge Larson’s opinion was a major setback for the Siegel heirs and a major victory for DC.  This victory was short lived when the judge issued a March 27, 2008 opinion awarding the Superman copyright to the Siegel heirs.  Judge Larson conducted a trial on the matter and issued other opinions related to Warner Brothers’ damages, the rights to the news strips, and other early elements such as Krypton. (See earlier article on Cup of Geek).  But, the case is far from over.

So, what will Judge Larson’s departure mean to the case?  My guess is nothing.  A new judge will come in and continue the case and honor the earlier rulings.  But, then again, that’s what I thought would happen when Judge Larson replaced Judge Lew.   DC or the Siegel heirs may see this as an opportunity to reargue (or clarify) earlier decisions.

In short, this development should be watched closely.