And this isn't just about Motorola and Microsoft. This is about the principle of ALL contributors to a standard licensing their patents in a fair way. Regardless of whether they are being sued or not or how 'nice' the counter party is.

Do you not understand that if Motorola gets away with this then it will set in a place a precedent for all H.264 patent holders to go after any licensees ? You may not understand the implication but the ITC/EU clearly do.