prosfilaes
Adventurer
Yes, we know those words aren't copyrighted. Yes, we know you don't need the OGL. There is no disagreement here.
Yes, you need the OGL. WotC owns the copyright to the D&D setting (and settings), and any time you pull out a bulette or a dragon color-coded for your convenience for non-fair use purposes, you need that OGL to protect you. Worrying about terms like "hit points" makes people ignore the real issues that they should be worrying about.
A formal license removes that question. A guy on the internet saying, "No, really, you'll be perfectly safe, it'll be okay to put your hard-earned money into that production," does not remove the question.
I'm not saying you'll be perfectly safe. I'm saying the opposite, that you'll be in deep if you think that terms like "hit points" are the issue behind the OGL. As I said in this very thread, without any license from WotC, are you sure that your kobolds (for whom the SRD does not say they are related to dragons, nor does it say they lay eggs) aren't derivative from (A)D&D's kobolds (outside what might have been released in the SRD)? Likewise, are your tieflings clearly SRD-tieflings, and not derivative of Second, Fourth or Fifth edition tieflings? Those are the questions you need to be asking, not are the words we are using used in the SRD.