He thinks the OGL does not licence anything not public domain, but I think he has misread 1(E):
(e) "Product Identity" means product and
product line names, logos and identifying marks
including trade dress; artifacts; creatures characters;
stories, storylines, plots, thematic elements, dialogue,
incidents, language, artwork, symbols, designs,
depictions, likenesses, formats, poses, concepts,
themes and graphic, photographic and other visual
or audio representations; names and descriptions of
characters, spells, enchantments, personalities,
teams, personas, likenesses and special abilities;
places, locations, environments, creatures,
equipment, magical or supernatural abilities or
effects, logos, symbols, or graphic designs; and any
other trademark or registered trademark...
He seems to think this is saying that any of the above material in the SRD (etc) is not OGC and so not licenced under the OGL. But the clause goes on to say
... clearly identified as Product identity by the owner of the
Product Identity, and which specifically excludes the
Open Game Content;
My reading of this is that material described in the first part of the clause is only PI if it is designated (clearly identified as) PI by the 'owner' of the PI. As far as I can see, this is pretty clear language and I can't see how it could be read otherwise by a lawyer?
But if he were right and the OGL is a scam & did not in fact grant anything of value, so no consideration moving from WoTC, so no contract, what then? WoTC would still have all their existing copyrights. And this certainly makes no difference to Frylock, who doesn't use the OGL!