I think some of the server ops seem to be doing this. Winters Roar for one seems to be locked into a certain patch date and they seem to have a pretty solid user count. I think others are keeping up with live because they don't have a solid established user base yet and keeping up with the current patch helps to grab some of the new eqemu users. If eqemu was to lock into a certain patch, they would have to either concede that once they freeze they will never be able to take on new users who have patched or start offering the files for that patch which would be considered distributing warez. I think that is probably the main reason they keep up with the patches.
