Large, living companies like Microsoft can work with their lawyers to confidently understand what they're releasing when opening up old code and indemnify theythemselves appropriately, but a troubled company on its last legs can't nexessarily budget for all that.
Commercial software of that vintage was not built from dependencies that were all open source themselves, nor were there necessarily contributor/contractor agreements that kept copyright in a suitable place for open source relicencing. They might have been prepared for explicit rights transfer to another party, and maybe disclosure as they're suggesting here, but relicensing is a different thing.
Years ago Microsoft used to do stuff like this, notably releasing .NET Framework under its Reference Source License (you're allowed to look at the code, but that's about it).