John Carmack has always tried to code engines without using patented software. When he released the Doom source code, he had to exclude a licensed library, which he called a mistake. Doom 3 had a similar problem with the shadowing algorithm, but it was quite easy for him to fix it in the GPL release.
It appears that RAGE is using Bink video, which is another licensed encoding for videos. I don't know if anything besides Bink is used (Steamworks libraries on Windows?). What does this mean for the future of Id Tech 5?