Because they don't want to sue google first. (There are much easier things to sue google/youtube over right now.) They want to sue a smallish company who will "license" rather than fight because they can't afford to. After a few of those build up some precedence, then they go after the really big fish.
For the submarine to work on this type of thing, you have to wait until a great many players of all sizes adopt a technology and commit to it.
I'm not saying we shouldn't use theora. We should keep our options open and use everything. I'm just saying that whatever becomes the dominant standard, be prepared for "I'm a pc and windows 7 was my idea", only with lawyers and stuff.
For the submarine to work on this type of thing, you have to wait until a great many players of all sizes adopt a technology and commit to it.
I'm not saying we shouldn't use theora. We should keep our options open and use everything. I'm just saying that whatever becomes the dominant standard, be prepared for "I'm a pc and windows 7 was my idea", only with lawyers and stuff.