>The thing to remember is that when two systems each have patents, it's a false dichotomy to ask which set of patents trump the other.
Where is the false dichotomy?
The current talking point on the h264 versus WebM war is that WebM is a patent landmine, while your back is covered with h264. There is some sort of broad belief that h264 is a universal got-your-back patent defense, and that is simply ludicrous.