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Where have you been ? H.265 is shipping on far more hardware today. It's been shipping on Intel, AMD, Nvidia components for years and is the standard codec for the PS4 and Xbox One. It's also the standard for broadcast terrestrial TV which means set top boxes, TVs etc.

And Apple is a patent contributor to H.265 so zero chance of adopting VP9.

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HEVC (H.265) is only used in germany for DVB-T2 (all other countries do use H.264). And DVB-T2 is not in widely use (even DVB-T was a failed product). I guess the only users of DVB-T2 are campers.

(edit: Currently DVB-T2 is only free for open senders (ARD, ZDF, senders which are paid by the "Rundfunkbeitrag", the rest costs money. it's not in wide use and probably never will Astra Sat / Eutelsat or cable (DVB-S2/DVB-C which all only use H.264) is probably the way which most people go, after the DVB-T debacle. And heck even than H.264/H.265 is implemented by DVB-T2 vendors but DVB-T2 does not need H.264/H.265 it can be used with AV1 aswell.)

Yet no one wants to use it because of the content fees.

Lots of Alliance companies also helped develop and have patents on H.265, it shouldn't be an obstacle to shipping AV1.

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