Basically what seems to be uncomfirmed and is being delayed is jgarzik's written indication of licensing for the documentation.

jgarzik: Will you provide this information?  If not within your next post in this thread, I will be certain to delete the contents in the wiki post and request that an admin/mod delete the wiki page entirely so that it is a little bit more difficult for it to be used as a reference for further developments.  This should help to prevent usage of the documentation produced and publicized by you and prevent any legality that may otherwise be pursued by you or anyone else in this matter.

If necessary, perhaps the protocol can be altered slightly to accomodate for documentation of the protocol in a way that is different from that of jgarzik's documentation and thus a kind of documentation can be produced by someone else so that its it not similar to or deemed a derivative and can be established as a unique work and hopefully this is done by someone who does not pursue a similar claim of ownership causing even further discussion to take place.  I am uncertain of whether or not this is necessary, but it seems to be a kind of solution that can resolve the matter rather quickly.