I've never really understood why something as complex a picture encoding/decoding was not thought to be covered by the patents listed at MPEG LA for the H.264/AVC Licensors [1].
It will be interesting to see how this plays out - Either Google goes to war with the patent licensors, and tries to invalidate a lot of the patents that apply to both H.264 as well as VP8, pays them a bucket of money to license their patents, or some other outcome that I can't envision (The patent holders just don't bother going after the distributors of VP8 products?)
http://www.mpegla.com/main/programs/avc/Documents/avcCrossRe...