oh well they tried to fight the good fight for a while. h264 is still a patent minefield. one day, someone will be lose their foot.
despite what eich says in his post, it isn't a matter of just waiting for the patents to expire. the mpeg group is busy working on creating new codecs which may have some minor technical advantage, but will mostly serve to extend their patents further into the future. probably the only change that can alleviate this situation is a full-scale retroactive change in the patent system itself.