Yeah. IIRC Hpasp said he wasn't comfortable with it being part of payware. And besides, considering the attention given to ED's own modules, I suspect it'd be broken beyond all use within one or two updates, and not be repaired for years.
I would suggest approaching ED again. They would probably want an NDA to be signed; I don't know whether they would require a DCS SAM addon to be payware though - I think they just want to protect their IP