Regarding the alleged threat of "submarine patent claims" against Theora, I wonder: Theora has been used to serve content to a large public audience for a long time and, where used, has usually been advertised very visibly.
IANAL, but don't most if not all patent legislations contain clauses that patents have to be *enforced* or else be invalidated? Which submarine patent holder could plausibly claim at this point that s/he has heard of Theora only since its inclusion in HTML5? It's clear that there has been no financial gain in suing current Theora users before its widespread inclusion in commercial browsers (and imagine the PR disaster in trying to put Wikipedia out of business), which is why nobody has stepped forward until now. But haven't any alleged patent holders already forfeited their claims by not acting?
In short: shouldn't it be easy to identify the submarine patent myth as the smokescreen that it is?