However this is I realise beside the point. It may help to explain why people are happy to agree to this, Google btw is already listed as being a "Licensees in good standing".
The current situation seems to be very much on a don't ask / don't tell basis in both directions (MPEG-LA and FFMPEG) ... But will that change? I don't think so. The MPEG-LA group want to increase adoption and taking action against people who are making no money makes no scene. On the other hand would ffmpeg (and associated projects) like to publicise the fact that there work is (possibly) unusable?
Personally I would like to see increased adoption of Durac and Theora but I don't think mpeg-la will deliberately take any action that will/could make this a priority for many people.
The other part where H264 is clearly superior is hardware support. For my usage this point alone is a show stopper for the other contenders.
Youtube and the like also want there place in the living room and that nearly always means hardware decoders.