The Xbox 360 has a totally different processor architecture to the Xbox One and Series X. As the Xbox One was too weak to emulate the 360 in real-time, the BC team instead decided to convert the titles that they got hold of instead of using true software emulation.
All games just worked. The simple reason for why a new license is needed is because of copyright laws. The Xbox 360 games running on Xbox One isn't in it's original form. It has been binary translated, and the artistic content packed into a separate format that is then downloaded onto your console.
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how many xbox 360 games are backwards compatible