Batgirl was one thing, but Superman (Legacy) seems to have a lot of excitement and hype the likes of which a non-Batman DC movie hasn't had in some time. Additionally, Batgirl was scraped before a proper trailer was ever done up for it.Oh, I think they definitely WANT a payoff. It's just the way that WB does business these day, the executives might decide to just make it all a tax write off and scrap the whole thing. That's what I'm worried about.
At this point the more profitable move from WBD is to just settle out of courts to make the plaintiffs go away and rake in the good will and (especially) cash this movie will bring in.