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Even if you accept the MPEG-LA's assurances that there are no practical issues with H.264 decoders (and it is worth noting that the terms for decoders almost certainly wouldn't be as generous as they currently are without the pressure created by WebM), that was never the fundamental problem.

The real issue with the H.264 patents and why it is anathema to any libre ecosystem is the impact of the H.264 patents on video creation, encoding and distribution. Here's a thorough discussion of the issues (created by someone who actually took a substantial amount of time to talk to a representative of the MPEG-LA for clarification):


To me, this is a key conclusion:

"Related to point #2, it may not be possible to release an H.264-encoded video under, for example, a Creative Commons license that allows commercial usage. More precisely, should you release your H.264-encoded content under such a license, it would not be legally usable under such a license. This cuts out a large portion of options related to how you may share your creative content."

I find the idea that we should standardize on a video codec with that sort of usage restriction completely incomprehensible. I just do not understand how people can accept a data format whose licensing doesn't just constrain people who produce encoders, decoders and other related tools and technology, but also constrains end users.

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