Or...
5) Several freelancers have the rules in order to work on WotC products and DDI.
If their NDA/contract with WotC allows them, then they could use that to work on 4e products for other publishers. However, the publisers would have to work blind since they would not be allowed to view any of the work being done by the freelancers while they (the freelancers) are under NDA and the publishers are not. Kinda a risky position to be in to have people writing for you and not being able to see a hardly any of it, but the risk might be worth it for some companies. However, that doesn't address the problems for a company like Paizo that is trying to decide whether to go with 4e or not. They are still blind to both the rules as well as the license they will need to operate under.
That all being said, I agree that coming up with hypothetical situations is pretty moot since none of the rest of us outside of WotC, the freelancers, and the 3rd parties have any real information.