I think this draft issue is resolved, the people still debating it don't want to change their mind IMO.
Linda Codega who broke the story said it was a draft and doubled down on that again when she was questioned. Treantmonk, citing Noah Downs, claims that the "contract" is not technically a contract at all, but rather Term Sheets which is also referenced in the Gizmodo article and has some sort of legal distinction from an actual contract.
Also important to this discussion - anything not published is technically a draft. For example, I am in the process of "drafting" policy for U.S. Dod Modeling and Simulation. This document was
completed and sent out to several organizations for comment last week after which it will be signed by the heads of those organizations. I don't think there are any changes we are going to make to the verbiage in the document between now and when it is signed, but it is still technically a "draft". It also states "draft" with a version number on the very first page for what it is worth.
A lot of people, including WOTC defenders, WOTC haters and WOTC themselves are going to spin this to support their individual agenda. To frame this properly for honest discussion and debate people should be precise in their wording as such the "draft OGL 1.1" was in fact a draft.