I'm afraid so.I’m a little confused. Assuming the 35k goal is not reached , the stretch goal art is only available as a separate PDF? I would much prefer to wait and have it incorporated into the book. Am I misunderstanding?
The process of getting all the art together will put the book past the OGL 1.0a 6 month window almost certainly, so I will be releasing the book as soon as the kickstarter ends. Because while I'd love to be part of a class-action suit against Wizards for trying to pull the OGL 1.0a I cannot afford to be their first target/victim.
However once the book has been released it's covered by OGL 1.0a indefinitely, and the art-swap special edition is technically the "Same Book", and would be covered by the grandfathering of OGL 1.0a published works.
Now it's certainly possible that there will be a Paizo-lead legal push against "De-Authorizing" the OGL which occurs within the 6 month "Grace Period" WotC wants to use. But considering how long court cases go, that would still leave me twisting in the wind and a potential target for WotC.
It sucks, truly. But this OGL debacle dropped in my lap 2 days after the kickstarter launched, and there's just no good way to deal with it. So I'm doing what I think is the best in a bad situation.