I think they're in a tough spot. When WotC put the 5E into Creatice Commons, the truth is that for a lot of folks Black Flag went from "must have, D&D replacement urgently needed" to "nice to have, another 5E variant". The weeks of OGLGate led one would assume to some of Kobold Press's biggest sales numbers ever.
But Black Flag now feels...defanged by the Creative Commons move. And frankly, the ORC even more so. Like, if things can just go into Creative Commons, do we need the ORC? I understand KP's instinct to try to keep what was a real movement alive but...WotC not only capitulated but went even further than everyone was expecting. It's hard to keep being the scrappy rebel when the thing you were rebelling against just abruptly stopped fighting you.