I just asked again because I couldn't remember exactly what they said last time I asked. This is my reseller for XM who knows the XM guys well & see's them regularly & this was his reply to Spiderman
"They will probably do so, sir. But maybe not in the next 2 years. They are looking to include that in their next license."
OK, that makes sense. That just means he's not on XM's list of characters for the 2 year licensing agreement they have with Marvel. I'm sure he was on the list that was submitted, but Marvel didn't allow XM to use him. Could be because SSC is releasing Spidey merch. I believe that's why XM was denied a brown Wolvie as well. I'm certain that when XM renews their license in 2 years, Marvel will allow XM a shot at Spidey.