I asked on the Theora mailing list their thoughts on SJ's answer and this is what I got from one of the dev:

> (...) A patent pool is being assembled to go after Theora and other “open source” codecs now. >

I think that's great news... If the "industry" finally compiles a list of patents that they think theora voilates we can:

1. find prior art. 2. work around the possible valid patents.

Afterwards all the submarine patents are gone, and we can prove it...