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Noone, either familiar with the state of the art in codec or not, has come up with a reasonable set of patents that Theora's ancestor codec from 2001, VP3, could have possibly been infringing. Individuals are free to believe whatever they like, but there hasn't been any evidence of infringement beyond the MPEG LA's CEO making vague assertions.

The MPEG LA has a financial interest in keeping the patent situation around Theora murky, which they've clearly done well.

Just so it's clear (and some of the quotes by the MPEG LA's CEO make more sense from this page http://www.streamingmedia.com/article.asp?id=11746):

* Theora is a patented codec (ie: there are active patents today on the concepts used within VP3)

* One of the MPEG LA's patent holders, On2/Google does hold those patents

* On2 has, however, licensed those patents globally, indefinitely and royalty-free, making the above two points true but entirely a non-issue




Google/On2 are not members of the MPEG-LA patent pool. Google has an H.264 licence which is separate.

The MPEG LA has a financial interest in keeping the patent situation around Theora murky

Web streaming is free until 2015. Theora will not be found in Set-top-boxes and mobile phones which is where the real money is made in licensing.




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