ABC's

Regis Philbin has asked America hundreds of times but the question that ABC's television show "Who Wants to Be A Millionaire?" begged is now being decided in court.

Paul Smith, the British creator of "Millionaire", has filed a lawsuit in Los Angeles Superior Court claiming that Disney and its subsidiaries ABC and Buena Vista Television manipulated the market to drive his share of the profits down.

"In essence, Disney sits on both sides of the bargaining table in any negotiation for the production and distribution rights to the series, thereby enabling it to manipulate negotiations in any way that serves its corporate interests," the lawsuit said.Paul Smith and his company Celador feel that these "sweetheart deals" have allowed Disney and the companies in its corporate tree to keep the series "at prices well below the fair market value."

Celador partnered with the Disney-owned companies in 1999 to produce "Millionaire" for North America, Buena Vista produced the series and ABC immediately topped the ratings with it when it began airing the show on Aug. 16, 1999. "Millionaire" drew an average of 29 million viewers per night in the 1999-2000 season but proceeded to flame out in 2001 and has yet to return to even a semblance of its former stature.

The suit also claims that Disney has used the theme music, created by Lusam Music Ltd., in its theme park attractions without permission.

Smith and Celador are seeking an unspecified amount of damages in the suit and are asking the judge to order Disney and its subsidiaries to fairly distribute their profits from "Millionaire."