One of the most important properties of my media formats is it's accessiblility.
The fact that h264 is heavily patented by these creeps makes it inferior for my purposes by a large measure.
What business wouldn't pay a slight file-size penalty (to maintain the same quality) in order avoid being bound to some per-seat licensing agreement with all its associated administrative and reporting obligations?
Drive space is most-rapidly-decreasing cost in the world and bandwidth isn't too bad either. Patents take twenty years to expire. Do the math.