I don't see anywhere whether the old TSR stuff is effected by this. Paizo, which also sells the old TSR stuff, doesn't have a similar statement up.
If the TSR stuff is effected by this, it'd really suck. It's really the only .pdf's I buy and I could completely see
WotC deciding not to make them available again. (There's supposedly no market for OOP D&D products, afterall.)
If they are still available, I think I'm going to buy a parsle full of them that I've been putting off. I've been too complacent, thinking they'll be available forever.