But all I know is that Fox is doing a consistently poor job with Marvel's properties. Even if Marvel wasn't willing to do it themselves, at least they could give it to somebody else who actually gives a shit about making high quality films out of their characters.
I disagree that 20th Century Fox has done "a consistently poor job with Marvel's properties."
Daredevil, X-Men, &
X2 were all great.
X-Men: The Last Stand was a disappointment but still pretty good (and made more money than either of its predecessors). So far, the only genuinely poor jobs I'd say they've done have been on
Elektra & the
Fantastic Four films. (I haven't seen
Wolverine yet.)
I consider V for Vendetta to be a fantasy drama and Constantine to be borderline horror.
I'd say
V for Vendetta is too talky to be an action film but V is, ostensibly, a superhero. He even has a supernatural origin of sorts involving whatever medical experiments it was that the Sutler administration performed on him.
I wouldn't call
Constantine a horror film, even borderline. It's an action movie and Constantine is a superhero, albeit one that doesn't wear a costume.
Besides wasn't the DD movie very faithful to the comic?
It certainly was in places. The scene where Bullseye stabs Elektra is nearly line-for-line exactly what Frank Miller wrote in the original comic. "You're good, baby. I'll give you that. But me, I'm magic."
Can Marvel simply sue Fox in order to get the rights back?
Er, no. Why on Earth would you think they could do that? They signed a contract, and unless Fox violated a provision somewhere, there'd be no grounds.
Although, at one point, Marvel did try to sue Columbia to get back the rights to
Spider-Man. They claimed that Columbia was infringing on Marvel's fair share of the merchandising market. IIRC, this was while
Spider-Man 2 was still in production. There was some speculation at the time that
Spider-Man 3 might have been made by a different studio altogether.