The problem with patents (and copyrights, and other forms of intellectual poverty) is simple: applying rules of property to non-property (intangibles) is illogical and obviously produces irrational, malevolent, and unintended results.
Both the GNU GPL and this suggestion are attempts to PATCH a system that is fundamentally broken. As patches, they can only have a limited result.
Furthermore, this suggestion will never happen because it depends on legislators, and we all know which side of the bread legislators get their butter on. They set these irrational rules up, and profit from these irrational rules.
The solution is obvious: the institution that imposes these irrational rules causes these problems (and many others that dwarf free culture extinction in gravity) so it must end.
But Richard will never entertain that -- Richard believes that the institution which constantly sabotages free culture is a benevolent and necessary institution that he can somehow control and co-opt to get his way. He somehow doesn't see that the threats he sees are directly caused by this institution. So he will forever be doomed to run around putting fires out, trying to find ways to prop up the broken system, fighting a losing battle with the results produced by the very institution he begs for help from.
It is obvious: If you misidentify your enemy, you will necessarily lose the battle. Getting angry at Apple or Microsoft for exploiting some destructive rules, when both these companies and the rules were made and enforced by another institution, is useless and irrational.
Is it any surprise, then, that Richard has spent most of his life fighting numerous causes and lost his battles on most of them? He is fighting the wrong people.