Algorithms are _literally_ mathematical objects. C.f. Church-Turing thesis.
> And if it were simply math, then there would be no way to work around those patents, which plenty of open source codecs have done in various directions.
Show me an H.264 codec that works around the patents in the MPEG LA pool. Also software patents are orthogonal to the question of "open source" (which is about copyright). That there is very often no way to work around the patents in an otherwise independent implementation is precisely the problem with Software patents.
> Unfortunately, most open source codecs are not as good at compression, mostly since the patented ones have a massively bigger pool of engineering behind them from dozens of companies banding together their work to develop best of breed solutions.
Show me the numbers. Because the numbers I know (for example the chart in the blogpost itself) show that x265 is the best codec (or encoder, if it's not a decoder too) for H.265, it self being "open source", better than proprietary alternatives.
> And eventually the patents expire, and the world gets these codecs free to use.
Even after patents expire, copyright expires in 90 years.