Well, that would certainly be a departure from our present legal system (in general, not just patents). As it stands, a person usually has 1-4 years to assert a claim after the claim has ripened, and what you're describing means a patent holder would have to assert his claim immediately after learning that someone was considering violating his rights.
But since the best the patent holder can give you is a very biased opinion of what patents cover VP8, I think you should really dream about an efficient court system where one can get a declaration in advance of whether a patent actually does cover what you're considering doing. Or for that matter, anything at all.
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