Xyxox
Hero
IIRC, Kenzer doesn't have to play by the GSL rules. WOTC/TSR and they had a dispute some time ago and the dust up left Kenzer with "Officially Licensed Products." At least that is my understanding of why they were allowed to place the D&D logo on 3E Kalamar. As far as I know, Kenzer (still) has a private deal with WOTC. I am sure you can google the details.
HOLY COW! I plumb forgot about the "Dragon Archive CD-ROM" debacle and how there was some sort of a settlement for Kenzer to have certain rights over it. Seems TSR reprinted the Knights of the Dinner Table run in the Dragon MAgazine without permission, and it ended up in a settlement.
That means the statement at the bottom of the Kingdoms of Kalamar book regarding fourth edition D&D is a can of worms the lawyers already played with and came to an agreement on long ago.