He doesn't own the characters of Buffy, either. (shrug) Obviously in a story contemporaneous with AtS season 5, there's not going to be any logical way to have Angel and Spike in the story anyway, but he said in his latest interview that even if there were no restrictions on using Angel and Spike, he would use them only sparingly. I just don't think he's interested in the vampires as anything other than object lessons for Buffy--certainly not as continuing romantic interests. Once the lesson is over, they pass out of her life.

Unfortunately for Joss, he doesn't have the balls to definitively break off either B/A or B/S, because romance sells.