I understand the issue, but in practice I worry about the patents that cover H.264 about as much as I do those that cover the PDF spec...which is to say: not at all.
A second point I forgot to mention is that I do not know of Adobe suing anyone over standard PDF/PostScript features, but there is a long history of Thompson and all the other audio/video patent holders being very litigious and threatening.
Perhaps no one remembers 8hz-enc or why the LAME project doesn't distribute binaries (or at least didn't for a long time; I've not looked lately). The story for MP3 players wasn't a super happy one either at one time.
How are these comprable? Adobe has a patent agreement that says it won't sue you if you are implementing PDF or PostScript. Sure, it's maybe not absolute freedom, but it is markedly better than the situation with any of the encumbered audio codecs.
I'm not an adobe defender by any means, but the practical consequence of this is that there exists a lot of Free Software that supports PDF and PostScript (like Ghostscript) and ships with all distros. The situation for H.264 is hardly similar.
Perhaps no one remembers 8hz-enc or why the LAME project doesn't distribute binaries (or at least didn't for a long time; I've not looked lately). The story for MP3 players wasn't a super happy one either at one time.