[jcranmer]

> I believe the reason ffmpeg and VLC have not been sued to oblivion is because they're legally based in France, where the MPEG-LA's practises aren't tolerated. The support of a "no software patents" country/government/society encouraged them to develop ffmpeg without fear; the fear we see on display here today in the USA.

I strongly doubt that's the reason. Until recently, it was quite easy to sue anybody in your favorite court in the US on the flimsiest of grounds, and even after SCOTUS said "you need more than 'they sell things here' to establish jurisdiction and venue," the patent-friendly judge in West Texas seems to be trying his hardest not to listen. No, I suspect the reason is much simpler: an open source project doesn't hold enough money to be worth the cost it takes to litigate (on the order of millions of dollars).