>I agree with Hixie that putting it in the spec is pointless if Apple and Microsoft are going to go against the spec.
I disagree.
The spec should enable the web to be used unencumbered by patented software/codecs.
Ogg Theora or any other free+open container and codec (VP8?) would enable people to use FOSS software to create video and put that video on the web without being beholden to the H264 patent holders group ("MPEG LA").
Microsoft or Apple Computers or whoever would then be required to implement a viewer in their browser in order to comply with the spec. If they don't then they don't get to label themselves "standards compliant" without committing fraud and can't badge themselves with W3C compliance without trademark/copyright infringements.
If Opera, Firefox, Konqueror, etc., implement the full spec this applies pressure to obstinate commercial megoliths to also move to implement it.
What we have here is akin to knowing that the GIF patent situation (Unisys trying to get money from nearly everyone on the internet) is around the corner, already having PNG but not requiring that browsers implement PNG.
I think the situation is far worse than the GIF situation though, eg http://www.osnews.com/story/23236/Why_Our_Civilization_s_Vid... . Now http://www.engadget.com/2010/05/04/know-your-rights-h-264-pa... Engadget did a review of the situation in which the MPEG-LA say that they're not really going to hold their license terms (which mean that you can't shoot film on _any_ camera and use it commercially without purchasing a license) against people and basically they're really nice and we shouldn't be afraid of them. Which I agree, we have nothing to fear until the spec is widely implemented and the open license on H264 gets pulled out from under everyone in 2015 and MPEG-LA attempt to pull a Unisys.