my personal opinion and they still fall out of my ears. When I got my first iPhone (3GS( in 2010, I used the ear buds from my old Zune. Sounded great, didn't fall out, and the best feature was the small amount the protruded from the jack.
And a good idea...why license rights for many years and be left with the company doing nothing with it. My thought is Apple does have plans for it because to have the rights just for a SIM ejector tool is silly.