That last bullet is so key. Even if lawyers can debate over the first two, it's so obvious that they stepped on a third rail that they didn't even realize was there.
I was realizing the other day that the OGL has been around for 23 years. Which means there were people playing the game now who weren't even born before it existed. I mean, I knew that intellectually, but it just kind of clicked emotionally that there is an entire generation of gamers who have never known a D&D without it.