Which is the case for all other publishers as well. Going back to an old example: I could release a PDF file on my website declared as 100% OGC. In it I have a monster "The Pepsi Golem" made from Pepsi cans.
Use of 'Pepsi' is in violation of the OGL therefor just because its on my website as OGC doesn't mean it actually is OGC.
There's a *big* difference between that example and what occurred: you can not have the authorization to contribute the Pepsi trademark to OGC. WotC *is* the legal owner of Dungeon Master, and is thus authorized to contribute it, if they so choose. The former is in violation--the latter is either ok or a screw-up, but perfectly legal either way.
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woodelf <*>
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