Originally Posted by DaveFi
You read Batman/Superman Public Enemies? They could do something like that. Have Bruce and Clark meet without naming him. They've already done stuff like that for other big DC characters like Vandal Savage.
Batman/Superman Public Enemies was licensed... and had the names of both characters right there in the title. So they had permission to put both characters together.
Also, I'd have to go back and watch... but I thought Vandal Savage was mentioned by name on Smallville. Plus, I am unaware of any way that Vandal Savage is tied to anything else licensed out.
Even though WB owns DC (or rather now Time Warner owns both of them)... DC operates as a mostly separate entity, licensing characters for development to anyone interested.
Since the Batman license is already out... that's why he is unavailable for Smallville. He was similarly unavailable for Birds of Prey... That's how they were able to have Batgirl essentially but no Batman.
It's a shame, I agree... but them's the deals that they struck...