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The rule doesn't require that the catcher hold her glove stationary, only that she not make a play on a batted ball. This is where that wonderful umpire judgment comes in. Was the catcher reacting to the pitch or to the batted ball? Pitch - foul tip. Batted ball - out.
The "not higher than the batter's head," to me, is meant to rule out little pop ups from being called foul tips. It really doesn't address the location of the pitch, but by strictly applying the rule, the high pitch "foul tip" would not be a foul tip, but I seriously doubt you'd ever get an argument on calling it a foul tip if it goes directly from the bat to the glove of the catcher.
Where most of the arguments come in with the "higher than the batter's head" stuff is on the other side - wanting a clear play on the ball to be a foul tip rather than an out because the ball stayed below the batter's head.
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Tom
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