Dwango has two related patents (Japanese patents no. 4695583 & 4734471), so competitors had to work around them; most prominently, FC2's Himawari Douga was able to escape the trap by moving an input form inside the video (something Dwango was unable to secure due to prior arts) [1]. But this was hard win, and probably it is much safer to avoid horizontally scrolling comments at all. I'm aware of several Korean and Japanese video websites that have rejected this system exactly due to patent concerns.
Interestingly though, Bilibili and many other Chinese video websites do use the very same comment system as Niconico! More amusingly it is legal because Dwango's patents are dated on December 2006 and that was before the Chinese Patent Law has amended on 2008 to much broadly acknowledge foreign patents [2]. As a result they are free to use the system without a patent issue [3], and it is probably partly why they got popular in China.
[1] https://news.yahoo.co.jp/byline/kuriharakiyoshi/20180926-000...
[2] https://www.ipo.org/wp-content/uploads/2013/03/DragonGetsNew...
[3] http://www.acgn-globalbiz.com/entry/2019/01/06/%E5%8B%95%E7%...
This is what emotes are for, no? Most of the comments in a traditional Forsen stream are emotes and I'd argue that they give you a pretty good idea of the atmosphere of the chat.