PokeParadox, I hate to say it but you're incorrect regarding the patent system and so on (especially in the US.) Just want to clarify, so you don't get into hot water someday. (And I may be misinterpreting what you wrote, you might well mean the same thing, or maybe I am wrong, so feel free to correct me
If reimplementations were safe, we'd have no problems; the whole patent issue in software is that _algorithyms_ (approaches) are patented, so you can implement 10 different codebases, but as long as the approach is similar, they're in violation. That is the danger -- that if there is only one good way to do something, and some idiot patents it, the whole industry suffers.
The issue here is there is a patented alg, and Carmack independantly solved the problem before patent was released; he has a specific arrangement with the patent holders, so he can use the alg indefinately and gives free advertising to Creative or whoever. But he cannot then go releasing this to the public, since that is not the agreement he has. (See the BS? He has independantly coded something, at the same time as others, but they own the patent, so he is their slave.)