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Or is it that it actually might still infringe on patents but nobody cares enough about it to try to enforce them yet?
Of course, it would be improved more quickly and thoroughly if ogg was conisdered a standard codec. And the reason for the resistance has little to do with what is practical and much to do with what is bankable and controllable.
It's not completely out of the realm of possibility that Patent Infringement Exemption laws be applied in the future... at least in some countries. Legal focus would be needed but again... to just dismiss this entire issue right here and now is to shut the door on a potential open standard video codec which in my opinion is a good thing.
I've read about Patent Infringement Exemption in the drug industry. It might be a good reference.
http://gonze.com/blog/2009/07/07/a-plan-for-cod...