Comment We just need a small change to antitrust policy (Score 2, Interesting) 310
ANSI used to have a policy that they would not accept standards which contained patented components. That changed in the 1980s, I think. (The link to ANSI's patent policy is currently returning the message "Cannot connect to the configuration database. For tips on troubleshooting this error, search for article 823287 in the Microsoft Knowledge Base at http://support.microsoft.com./")
The legal way to address this is to require that standards bodies, from IEEE to ANSI to MPEG-LA, lose their exemption to antitrust law if they promulgate standards which contain patented components. Without that exemption, when companies get together to agree on a standard, it's conspiracy in restraint of trade.
In general, most of the more annoying patent problems are really antitrust problems. Anyone can get a very narrow patent on a very specific way of doing something. Such a patent is not useful unless the very specific way is a de-facto standard enforced by market dominance. That's an antitrust issue.
The reason MPEG-LA gets away with this is that the Justice Department signed off on it in 1997. That's consistent with the FTC-DOJ 1995 guidelines in this area. Anyone can buy an MPEG-LA license under stated terms. So they meet the guidelines. The guidelines don't address the issue of the interaction of de-facto standards and market power. They should. That's what needs to be revised.
For background, here's a speech by an FTC commissioner of the Clinton era on this issue. He makes the point that antitrust lawyers and patent lawyers don't talk to each other much and don't understand each other's fields. Also see this Justice Department Antitrust Division talk from 2007. If you want to talk intelligently about this issue, you need to read these materials.