I've been in contact with Scott Fegette at MM on another matter regarding my DevEx 
tags and, having heard about this DevEx thread, he said the following (excerpt 
reprinted w/his permission below). 
 
Once I got over my initial reaction to seeing that contract wording this seemed more 
and more to be a simple misunderstanding, and thats precisely what it is turning out 
to be.  Lets give these guys a break and let them sort it out.  I'm sure we'll see 
something less freakifying (thats a legal term) in the not too distant future. 

Personally, I'm not going to worry about it anymore.  See below.

>JFYI, according to our legal department, this is only in place 
>to protect us from frivolous lawsuits in case we work on 
>similar functionality within our own products to 
>extensions/tags/etc. on the Exchanges (which apparently has 
>happened in the past).  We (as a rule) on the Exchange teams 
>do not support any modification/usage/infringement of third- 
>party tags and extensions on our site however - even 
>internally - without express (and ideally written) consent 
>from the authors first. 
> 
>I agree that this could be smoothed up, however- and will be 
>talking with our legal department to see if there's a way we 
>could find a better wording for that clause so developers feel 
>more comfortable with the process. 

 
 
             
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