Long story short, said policy – actually a fan site kit policy for a kit of approved fan site content – is unclear in spots and totally forgets to talk about what happens when you go outside the content contained in the kit. Because it’s a policy for a kit, not fan sites in general. This analysis is pretty good, but confuses that latter point and seems to think this is all 100% malicious on the part of WotC legal. Me, I’m disinclined to ascribe to malice what can be fully explained by incompetence. Looks like they’d better put a rush on that wider fan site policy statement, because if they think they’re gonna weasel out of this by providing an approved kit, they’re doomed.