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True in some (perhaps many) cases, though not very relevant in this case as Tolkien won't be creating any new works.
In addition, some authors are on record as refusing permission for "derivative" muds to avoid "dilution" of the value of their electronic rights (Raymond E Feist for example).
Another point which is relevant to this particular case is that IP rights appear to be split between the Tolkien Estate and Tolkien Enterprises. I've not found a clear description of the split, but it appears that the Tolkien Estate retains copyright over literary works, but before his death JRR Tolkien granted various licences to Tolkien Enterprises covering movies and (probably) merchandise.
It's therefore possible that lack of a reply from Tolkien Enterprises indicates lack of interest (as well as lack of courtesy), but that the Tolkien Estate could still have something relevant to say.
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