How is VP8 'open source'? It is a standard. There exist open source implementation(s). However there are open source implementations of H.264 decoders and encoders as well, it even has a reference implementation [1] that anybody can use[2] (patent issues aside, but (understandably) very few open source projects offer the users patent indemnification).
Is it any wonder that most non-tech people are confused about these issues when even people in the tech community don't seem to understand the differences between standards and implementations, between 'open source' and 'free as in beer' and between secret proprietary formats and open standards? Sadly we seem to be at a point where 'open', 'standard' and 'free' are just words thrown about to mean 'something I like'.
[1] http://iphome.hhi.de/suehring/tml/download/ [2] http://iphome.hhi.de/suehring/tml/download/COPYRIGHT_ISO_IEC...
Something can be open source and still have patent threats.
That's one of the big differences between patents and copyright. If I go into a room and don't talk to anyone and independently write some software, then no-one can sue me for copyright infringement, but they might be able to sue me for patent infringment.
Same goes for WebRTC, which should now be on the fasttrack to be accepted as the standard for RTC (currently supported by Chrome, Mozilla and Opera).
I think having open and royalty free standards for such integral parts of what is likely to be the 'future of the web' is extremely important to foster innovation, thanks to VP8/VP9 and Opus we now have technically competitive offerings which anyone can implement free of charge across all platforms and for whatever interesting solutions they can come up with.
"webm" is the video format (and uses VP8). "webp" is a related image format.
[webp is not very compelling as an image format on its own, but maybe the relationship with webm confers some advantage...]