That's a very non-ideal situation. For DVD playback, it just means that vendors can't expect Linux to be usable for DVD playing, which isn't a huge deal. Most people use some kind of dedicated media device attached to a TV for watching DVDs; using a PC for movie playback like that is still pretty rare in general, outside of media PCs and the occasional traveler with a laptop. Basically, vendors don't really care if Linux can play DVDs or not, because it has no effect on what software they can ship for Liunx.
This is very, very different than a core platform library for software. If Linux can't support OpenGL 3/4 out of the box, then shipping OpenGL 3/4 software for Linux is not all that commercially beneficial. Linux is a minority enough as it is. Stripping your potential userbase down to the subset of Linux users who can figure out how to install some crazy and technically illegal (for most consumer-oriented countries, e.g. the US) library just makes the entire platform less attractive than it already is.
There may be a workaround for some for this patent problem, but that workaround is nowhere near an actual solution. The problem really is a problem, not just a minor inconvenience.
Obviously, solving the problem correctly in this case is not easy. It either requires a massive amount of voter feedback to Congress, or it requires some kind of miracle. Sadly, people seem more interested in hacking around the problem rather than taking the 5 minutes to get on EFF and contact their representatives. (Not sure how much the EFF works with non-US politicians; even if they don't, writing a letter to your country's leadership is neither time consuming nor difficult.) Governments are going to keep listening to big-dollar lobbyists until the people actually get loud and unrelenting about software patents.
Flash makes itself dead easy to install without requiring any previous knowledge of its existence from users. Go to a website that needs it, it pops up a dialog or a link that says "CLICK HERE TO DOWNLOAD FLASH." On Windows at least, you can click there, click a few more big easy to see buttons, and bam, Flash is there and works. Plus, a lot of OEMs pre-install Flash these days. In the OEM scene, not being in Windows (or Linux) by default doesn't mean it won't be on the machine when a user receives it.Flash isn't out of the box on any os, yet it isn't exactly dead (no matter how much I wish it was).
Pretty sure Linux DVD players or Linux games aren't going to do that for missing libdvdcss or missing OpenGL extension libraries.