Second, virtually all of these questions take as an axiom that H.264 is IP-encumbered and WebM/VP8 isn't. Technical analyses (by people who have actually implemented H.264 and are familiar with the patents) suggests that that simply isn't the case. That the author of this article thinks that VP3's release prior to H.264 might invalidate any part of the H.264 patent pool suggests that he may not be at all familiar with the patents in play.
Similarly, support for a "known patent troll" isn't germane to the debate if that patent troll is in the mix one way or the other, which appears to be the case.
Third, the fact that the H.264 patent pool hasn't been brought to bear on On2 tells us nothing at all about how successful H.264 would be against WebM; it's not at all unlikely that MPEG-LA sees nothing worth suing in Xiph/On2, and if that's the case, it is surely a different situation once Google pushes adoption.
Fourth, an "open pledge of support" for WebM from chip manufacturers is worth exactly nothing to the people who have spent many many hundreds of millions of dollars on mobile devices with hardware-accelerated H.264. One can reasonably argue that those people don't matter, but they can't with a straight face suggest that a "pledge of support" in any way mitigates the problem.
There's nothing wrong with this post as a contribution to the WebM/H.264 Apple/Google debate. But one gets the sense that the author sees it as some sort of devastating argument. I'm not sure he realizes that handwaving around "known patent trolls" and "decades of threats by MPEG-LA" and "is it because said codec isn't promoted by Apple", he's actually making a fairly weak sounding argument. He sounds emotional.
I'm gonna go with the analysis of the guy who said his B-frame implementation gave x264 the project's single greatest encoding quality improvement over the guy who thinks the release date of VP3 determines which patents encumber VP8, thanks.