> subtlying implying that open-source is old and past it
It's really not that deep; U2 and Mogwai exist in the same timeline, in the same shared canon of contemporary music.
> It's a pre-open source license
This statement is strictly ahistorical; the earliest software licenses which made source code available to everyone and included restrictions on redistribution and/or use date back to the late 1990s[1][2].
You can certainly _try_ to make the case that these are the same as the Xerox license, but I don't think it would be a very strong one.