I dearly wish the MPEG-LA members would just charge for the patents for hardware implementations and go royalty-free for software and content for H.265. It would still make them money and get it standard quick.
If we're going to be wishing for things, why not just wish for the end of software patents? This stuff shouldn't be patent-encumbered in the first place. It could have been developed like html5, a bunch of companies with common interests agreeing on a standard without charging for it. But because this is patentable matter that was impossible from the outset. The shape of the legal system enforces the shape of the industry.
I do wonder that if it was declared that math is not patentable simply because it is executed on a computer whether this would apply to hardware implementation too.