Software Voices

JotSpot aspires to enable the long-tail of software according to Joe Kraus, the founder. This is ironic because their TOS has a decidely retro feel.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Service, or (c) copy any features, functions or graphics of the Service.

I commented on this back in July in their feedback forums, but never got a response. I would show you that feedback, but that might be problematic according to another section of the TOS:

In the course of using the Service, you may provide JotSpot.com with feedback, including but not limited to suggestions, observations, errors, problems, defects regarding the Service (collectively "Feedback"). You hereby irrevocably transfer and assign to JotSpot.com and agree to irrevocably assign and transfer to JotSpot.com all of your right, title, and interest in and to all Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, "Intellectual Property Rights") therein. You further acknowledge and agree that, as between the parties, Company owns all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, even if JotSpot.com subsequently incorporates any Feedback into the Service.

It is ironic that Microsoft's EULAs are more accomodating than a Web 2.0 company's. How many products would not have been built if you couldn't use DevStudio to build products competitive with Microsoft's?

Update 12/5/2005 JotSpot's Director of Customer Support, Jim Haljun, points out in the comments to this entry that JotSpot's TOS makes it clear that you own the rights to your wiki content and provides a link to the whole TOS (I was remiss in not including this earlier). This is true, but it doesn't change the fact that the TOS attempts to limit what products you can create completely independently of JotSpot. I believe this is known as restraint of trade, and definitely doesn't belong in the TOS for any service.