I strongly, strongly dislike what you are doing. You know
exactly what I mean when I say it, but are pretending not to, even explicitly suggesting 'ah, just because the codec's open source doesn't mean it's not patent encumbered' without explicitly saying what you really want to say, just for the sake of allowing me to activate a "trap card" wherein I say "Ahh, no, I don't mean like x264, I mean like VP9!" and then you can flip around and say "Ah HAH! Actually, VP9 ISN'T patent-unencumbered: check out all of this propaganda from a literal patent cartel about how if you use VP9, they will bust your ass sideways, unless you license it using their patent pool!"
And I don't care. I'll care when Wikipedia gets sued for using Opus, or AV1, or when Mozilla gets sued for shipping it in their browser, or something. Until then, as far as I'm concerned, it's empty threats from dog shit liars.
But this aside, I don't understand why you can't just say what you mean right out the gates since I know you know what I am talking about, I know you knew from reply 1, and I'm sure you've already played through this conversation before. I could've said Theora, Quite OK Audio or perhaps even MPEG Layer 3 just to fuck around, but I really would like to have an honest conversation, and not just mess around with technicalities.
I'm not interested in debating the legal system, or how AOM's license agreement works, or any of that crap. In practice, almost everyone can use "open", patent-unencumbered codecs without fear of lawsuits. The companies big enough to have to worry about patent lawsuits virtually no matter what have basically been using patent agreements as a weapon against the traditional patent cartels. This is of course, deeply unfortunate, since it just perpetuates the terribly broken U.S. patent system and the situation it has with video codecs.
I understand that you have Opinions:tm: regarding this, I already caught on. But what you have to understand is that to most people, including plenty of lawyers, these opinions are essentially fringe. If they weren't, AV1 wouldn't be shipping in Firefox and Wikipedia wouldn't be using them. And not only that, it has nothing to do with the concept of patent-unencumbered codecs. There's always going to be codecs where the known patents have simply expired. At least in the U.S., I'm pretty sure that even includes MPEG2, but it'd suck if open source software was limited to just MPEG2. (And of course, if we do find new patents not covered under previous patent pools, that happen to apply, you have to realize that this liability existed for everyone already, including people who paid royalties anyways.)