The licensing problem is one of those questions where most asked questions can be closed as `Too Localized` simply because of the various reasons [Dan pointed out][1], and are also on our [Canonical question][2]. You correctly point to one of the few types of Licensing questions we can actually answer without peril or risk communicating incorrect folk-wisdom.

The problem here is how to draw the line. For someone who has no contact with Microsoft at all, there is no way to know that there is a world-applicable answer to the case you point to; such a person won't know that this is on the right side of the line so will likely vote-to-close as duplicate of the Canonical even if there are answers from high-rep Microsoft-fluent users on the question. For ease, we elected to plonk all licensing questions into the off-topic category. 

Exception-handling is always the hardest part of logical structures, especially when working with community-consensus standards. In this case, knowing that a question is on the right side of the line requires domain-specific knowledge in the tag. Such exception-handlers are not well dealt with on the StackExchange model. It's a fault we can't do much about, I'm afraid.

  [1]: http://meta.serverfault.com/a/5253/3038
  [2]: http://serverfault.com/a/215436/3038