In the off chance that you've been asleep for the past month and haven't wandered across the large expanse of the gaming internet, you might not know that Marvel is suing NC Soft over copyright infringement.
The gist of it is that basically, NC Soft is infringing on Marvel's characters with its game City of Heroes. It's not just that you can build heroes in CoH, it's that you can build Marvel heroes, or at least close facsimiles to Marvel characters. I would imagine for this case to hold any weight, Marvel is going to have to prove somehow that NC Soft made some money off of Marvel characters, by allowing people to create or use said characters.
In the interest of trying to see what all of the fuss is about, I purchased a copy of the game, installed it (five hours, thanks for asking), and the next day began creating Marvel characters...