The ORC is strictly going to be a license, publishers will then use that to create SRD's (Paizo, Kobold Press, Chaosium, etc.), and 3pp publishers will use the ORC to produce products to support those systems.
Hey, you didn't specify type of lawyer. :) But the whole ogf-l mailing list was loaded with publishers, lawyers, generally license interested people (like myself).
Smiteworks licenses aren't affected by WotC's OGL decisions, but at the same time Doug is publicly stating support for the ORC.
https://www.fantasygrounds.com/forums/showthread.php?76394-SmiteWorks-Official-Statement-about-OGL-1-1-and-Open-Gaming-Licenses&p=674003#post674003
Ryan went into their thinking on the CC when they were making the OGL. Basically it was that you could get too fiddly with the CC license and there were too many ways people would assume that it was released under the most permissive combination.