Of course Im a grad student, entrepreneur, working man, husband, and father. I am not, however, a lawyer...
That said I'll say this on the subject. Obviously dozens of publishers have created such stat blocks in the past. Equally obvious is that, at least the last time I checked the SRD, there was nothing included about how to create a town (ie the information in the DMG).
If you make a town using the rules in the DMG and then print it I think its a derivative work. On the other hand, its game mechanics, which people have said over and over again are pretty much fair game. I think the rules in the DMG are pretty much common sense (regarding how many people and how much money a small community would have versus a large community). I'd like to see someone post an OGC version of rules related to making stats for communities.
In either event, Wizards doesn't seem to be interested in issuing C&Ds for these possible infractions so...
