For Approval: Microsoft Permissive License

[dlw]

"Actually, according to the 9th circuit, exclusive rights are not 
transferrable or sublicenseable either unless otherwise stated (IANAL, 
but see Gardner v. Nike, a case which appears to have surprised a lot of 
lawyers at the time). It seems to me that the safe thing to do is to be 
skeptical of *any* implied sublicense right."

Absolutely correct. I have never seen  an "open source" license that 
wasn't  nonexclusive -- an exclusive license transfer flies in the face 
of the open source definition for a copyright license.