This is trying to make a distinction without too much of a difference. Do you think that the people of Paizo care too much about this distinction when it comes to WotC threatening their business?
Do you think, the people of paizo do everything out of the good of their hearts?
Offering ORC at exactly that time was a business decision. An ice cold jab at WotC. Because they think they will harvest some desillusioned WotC fans...
Again. Not to say, it was not good for the fans and 3pp and one of the things that may eventually have led to WotC folding.