With so many restrictions with regards to using Fukase, people would tend to stray away instead of liking the voicebank. I mean, Miku's voice can bee used by anyone for their albums and a lot of them are for profit. I like Fukase's voice, especially when tuned by kyaami or 40meter, but I think Fukase will definitely lose to other vocaloids.
Although the restrictions probably impacted his popularity to some degree, Fukase was still able to do well as a newcomer in 2016, with the 16th most uploads on NicoNicoDouga, above Lily, VY2, Lapis, Mayu and others. Beating him were the likes of Zunko, Gackpo, Rana, Flower and Iroha (and of cause, the G8).
Whether his moderate success will continue remains to be seen.
Fukase's restrictions aren't too different to other Vocaloids, to the point where it was an issue on if they should even be mentioned.
In regards to Miku, you actually have to also seek permission, however, CFM made it easier to do so by making the licensing more open and providing methods to get permission easy. IA actually I believe has the most open licensing of any Vocaloid.