We know about it. Nobody gave us the money yet... and I think it will never happen that a rich boy come to us and give us that money just for 16 bit...
The fee is about equivalent to 3 man days of work. So its not that big a sum for a commercial entity wanting to use batman in a product.
However, when i posed this question, i had Linux mainline in the back of my head. Would batman get into mainline when it is using an unofficial ethertype? I guess i need to see if any other protocol is using an unofficial ethertype.
Andrew