"With regard to patents, VP8 copies too much from H.264 for comfort, no matter whose word is behind the claim of being patent-free. This doesn’t mean that it’s sure to be covered by patents, but until Google can give us evidence as to why it isn’t, I would be cautious."
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Jason Garrett-Glaser, x264 developer
Diary Of An x264 Developer » The first in-depth technical analysis of VP8
Put an eye on that. And MPEG-LA seems ready to take some action: Google’s “Royalty-Free” WebM Video May Not Be Royalty-Free for Long