Nothing published (in book form[1]) by WOTC is Open Gaming Content. The ONLY material which is OGC is that which is posted in the SRD on their site or at www.opengamingfoundation.com.
[1]Excpet for two pages in MM2, which reused monsters from CC1.
Not at this time, no. There was some intimation by some WotC staffers that some of this stuff will make its way to the SRD eventually, but I wouldn't hold my breath.
That said, I believe their concern of it bore more as far as it concerned published (profitable) materials - correct me if I'm wrong someone, but didn't they say that they were relatively unconcerned if a fan adventure (available, but no cost) used the information?