I’m certain the community would be very surprised if Nadella’s “OSS is good” Microsoft tried to go after an independent research post citing that clause. It’s there so they have some legally valid substance to roll with if they want to go after a significant case. Say, Jetbrains implementing something that blatantly seems to have been inspired by reverse engineering a proprietary part of VSCode. Not a good example and VSCode’s proprietary bits are so minor it probably isn’t worth pursuing but it should highlight the difference. Keep in mind too it could gain more proprietary features in future, added without needing to update the EULA and bothering users with Yet Another Policy Update they have to agree to.