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They fought h.264 because it would prevent open source browsers from competing because the browser maker would have to pay for a license (or it might have evolved in that direction). If the codec is distributed as javascript (or some other patent-free open format), then any open source browser that implements a fast javascript engine can run it. The answer to 'who pays?' gets moved from the browser maker to the video distributor (where in all fairness it belongs).

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