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by pgeorgi 955 days ago
§23 PatG covers the case where the patent owner wants to use a general public licensing scheme offered by the patent office to avoid having to deal with every single licensee. That one is opt-in by the patent owner.

§24 PatG offers a compulsory licensing scheme, but it requires not only that the would-be licensee made an effort to find an agreement with the licensor, but also that such a compulsory license is in the public interest.

Since the public interest doesn't seem well-defined in PatG, you'd have to check older cases to see how that turns out, but I'm not sure if even "doing so reduces bandwidth use on the internet" is enough: you still have the option of using another codec and compensate the worse compression by going for lower resolution video, for example. 4K video is not a human right ;-)

(and "we hog internet resources" is the last thing Netflix et al want to say out loud anyway: ISPs are eager enough as-is to try to get them to pay up for access to their customers.)