No, I didn't think you were - I was just correcting the statement that OSRIC doesn't use the SRD.
I agree, it doesn't necessarily reflect a change in opinion, especially if his comment was only based on the idea that anyone can sue for anything, or on a fact-type assessment rather than a theoretical legal one.
I'm not familiar enough with the distinction between Pathfinder and 3e to have an opinion about whether the 1e - OSRIC comparison is valid or not.
If Clark's comment was a moral judgment on OSRIC, though (as opposed to a purely legal one) then the comparison is right on target and there'd be a change of opinion*. If it was a purely legal-based comment, then I think it's unlikely that there's a change of opinion.
But at the time, a lot of people took his comment, rightly or wrongly, to be on moral grounds rather than on legal grounds. Again, since he didn't specify, there's no real way to know one way or the other.
*there's still room for argument on that, but it explains where I think people are coming from.