I like this reasoning. First, define the
OGL to NOT mean that it grants permission to use the material covered by the
OGL- define the
OGL to instead grant permission to use the most recent edition of D&D. Then, when a new edition comes out that isn't covered by the
OGL, you can argue that the
OGL has been killed, even though every single term of the
OGL is just as valid now as it was two years ago.
That's complete bunk, of course, but its just plausible enough that I can see someone believing it if they really really wanted to believe.