I would say b) and I think that the samurai and shugenja are currently closed because they are derived from closed material (otherwise I think mongoose quintessential samurai would have used this samurai instead of their own).
Of course it's a breach. There's no way a court would agree that they have fulfilled section 8 of the OGL.
Therefore these publishers are not protected by the OGL. Instead they are publishing illegal copies of copyrighted material and could get a few nasty lawsuits from it.
I wonder if it will need a few lawsuits to stop this sloppiness...