I don't see why it wouldn't work. In fact, my face has it herself.
Commlink with R3 could get Empathy Soft R5+Opti2. Avail 12.
Commlink with R4 could get Empathy Soft R5+Opti1. Avail 11.
That said, my face doesn't use the empathy software unless the GM decides to use it himself. I don't like it at all, it's ridiculously OP. Then again, if I got suckered into being the face for the 16th time in a row, then I probably would use it and spend the actual BP making something I want to play.
Edit: Oops. I thought you were thinking about the "Optimized" Program Option, allowing a commlink to run Software above its normal rating limit.
I don't see why what you described wouldn't work... but get the stuff I mentioned too, if you want to use that munchkiny thing.