Earlier quoted context omitted.
No, "we" cannot just ignore patents by implementing them in software. Maybe you can but that doesn't scale.
tell that to every Linux user who was doing anything with mp3's before the patents expired just a couple years ago. i'm pretty sure even the Windows version of Audacity -- a tool with over 100 million downloads -- integrated with it. are you claiming the LAME approach wasn't successful? or that its success was a fluke, context-dependent, or for some other reason is a bad analogue?
Keep in mind that Firefox AFAIK still relies on OS codecs for h264 because shipping it themselves is such a difficult proposition due to patents. And on Windows, if you want native HEVC or AV1 playback you have to buy it from the store, it doesn't ship with the OS.