That said, on a related but different point, yes, this is a license. But unlike a mere permission, this is a license with grant, consideration, offer, and acceptance. It's also a contract, and you've even said privately to me that contract law applies to the OGL.
It is my understanding that typically, where one party is drafting a contract, where the other has no negotiating power with regards to the contract, that very often (though not always, depending on the nature and quality of the relationship), vague areas in a contract are construed against a party who drafts a contract unilaterally. There are rare exceptions, and certainly it will not be construed in some way that is clearly against the plain language or intent of the contract just to favor the non-drafting party, but WotC's claims on some of these issues, in their FAQ, seem to be to their particular advantage, rather than mere objective observations.
Do you doubt that vague areas would tend to be construed against WotC's desired interpretations, in many, though probably not all cases?
Lee
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