Anyway, as TD-Linux said above, any implementation is allowed.

> 1.1. Patent License. Subject to the terms and conditions of this License, each Licensor, on behalf of itself and successors in interest and assigns, grants Licensee a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as expressly stated in this License) patent license to its Necessary Claims to make, use, sell, offer for sale, import or distribute any Implementation.

> 2.6. Implementation. “Implementation” means any implementation, including the Reference Implementation, that is an Encoder and/or a Decoder. An Implementation also includes components of an Implementation only to the extent they are used as part of an Implementation.

http://aomedia.org/license/patent/

I really have no idea what "to the extent they are used as part of an Implementation" means though.