I can definitely see your point, but I assure you are hearts in the right place when we submit updates for the overlap critters. As you pointed out within the rant tags, official sources aren't going to utilize the ToH, so the only way these creatures will ever appear in a Dungeon adventure is with an official update. It would be a shame for many of these classics to be forgotten to a current generation of gamers just because they didn't appear in an "official" product.
IIRC, BOZ got Scott's blessing before sending any queries on overlapping critters. Plus, they'll probably be updated anyway, so we might as well "keep it in the family", eh?