Grantypants
Explorer
I usually agree with most of what Doctorow says, but here I think he overlooks the significant value of a safe harbor. Limiting what 3pps can publish in exchange for not putting the 3pp through a lawsuit (even a lawsuit that the 3pp should eventually win) was a good deal for just about every 3pp. The old OGL didn't prevent you from using anything that was worth defending a copyright lawsuit in order to use.