"In light of this, Ogg Theora seems like a good alternative as it doesn’t seem to be encumbered by patents. Google and Apple, though, are not so sure. They believe Theora hasn’t been cooking long enough to draw the attention of any submarine patent holders. Theora advocates turn this argument around and suggest that H.264 could also have undiscovered patent encumbrances. I appreciate the logic of what they’re saying, but the fact that H.264 is already so wildly popular for so long seems to guarantee that any patent trolls would have surfaced by now. In any case, this is a great illustration of just how profoundly broken the patent system is, with respect to software. Instead of encouraging innovation, it is stifling it."