No problem running an old kernel - upstream patches are still there, and from what I've seen, Asus has been pretty good about merging them in where applicable.
The kernel is part of BCM's SDK, with a lot of patches and BCM-specific code.
Asus basically dare not to touch the kernel at all. People shall not fancy they will bring in upstream patches where applicable..
Broadcom has included lots of its own codes in the kernel but that's along the line to support a HW platform. They also contaminated some generic parts of the kernel with the need to support CTF (which I still believe introduced bugs that cause random crash anywhere after running from a week to a month).
And No.. Broadcom is extremely lazy in bringing patches from upstream into their kernel. Broadcom kernel as of SDK7.14.x pretty much stoned at 2011 from what I saw. Even though so many good patches have been provided by the open source community. Little was picked up by Broadcom.
For this reason, I'll readily switch away from a Broadcom based product when time is due.