It isn't about the implementation's license, it's about patents. H.264 is patented while Theora is not. This makes it illegal for anybody to distribute H.264 decoding software, whether open source or not, until they've paid for the patent license.
FooBarWidget: "This makes it illegal for anybody to distribute H.264 decoding software, whether open source or not, until they've paid for the patent license."
Only within the jurisdictions in which the patent is valid and in force (renewal fees paid).
Comments
It isn't about the implementation's license, it's about patents. H.264 is patented while Theora is not. This makes it illegal for anybody to distribute H.264 decoding software, whether open source or not, until they've paid for the patent license.
FooBarWidget: "This makes it illegal for anybody to distribute H.264 decoding software, whether open source or not, until they've paid for the patent license."
Only within the jurisdictions in which the patent is valid and in force (renewal fees paid).
Patents limit distribution of the 'machine', and are intended to make the 'plans' describing how to build it a matter of public record.
Distributing the source code does not infringe the patent.