How can Wizards of the Coast publish d20 System games without using the Open Game License?
Since Wizards of the Coast is the original copyright holder of the content in the System Reference Document, it is free to license that content in many different ways. One way is through the various tabletop RPGs the company publishes. Another way is through the Open Game in the System Reference Document. A third way is to computer game publishers who use the game in their software. If and when Wizards of the Coast chooses to include Open Game Content from a third party in any of its games, the company will have to follow the same terms and restrictions as everyone else with regard to that Open Game Content. However, as long as everything the company publishes is strictly its own property, it need not do so.