If you don't like this rule, I'm happy to make exceptions for anyone who can secure a binding contractual blanket copyright infringement indemnification from Microsoft. As long as they'll cover the full costs of both any legal defense and hiring contractors to do clean-room rewrites with full copyright assignment to the relevant person or org, then I would consider at least the show-stopper issue to be addressed.
@glyph no, I wouldn’t even take that.
I promise to my users to include code under a good licence. I’d not willingly add anything bad or vague (even if indemnified) and work to get rid of inherited instances of vagueness.