There will probably be ways to overcome this. A WLS reservation only works once the name passes the redemption period and cannot be renewed.
If registrars were to change their terms to something similar to registerfly's domain marketplace where names can be instantly purchased BEFORE they expire, or at some point in the recemption period, it's essentially a domain ownership change and NOT an expiration. The WLS would never kick in. The registrars would have to change their terms of sale to default to allowing a sale from the previous owner at some point before the domain went to the WLS system, with the authorization of the owner to allow it either by choice to get money or by default within the parameters of the registration agreement.
If you had a domain you were not able to use or sell, would you agree to accept a share of the pre-expiration domain transfer/sale from the present registrar rather than let it expire and allow NSI to make the profit? I think most would within some defined terms as long as you had rights to refusal up to the last date of the redemption period.