In-depth analysis of Google’s VP8. One worry is patent infringement.

Finally, the problem of patents appears to be rearing its ugly head again. VP8 is simply way too similar to H.264: a pithy, if slightly inaccurate, description of VP8 would be “H.264 Baseline Profile with a better entropy coder”. Though I am not a lawyer, I simply cannot believe that they will be able to get away with this, especially in today’s overly litigious day and age.  Even VC-1 differed more from H.264 than VP8 does, and even VC-1 didn’t manage to escape the clutches of software patents. Until we get some hard evidence that VP8 is safe, I would be extremely cautious.  Since Google is not indemnifying users of VP8 from patent lawsuits, this is even more of a potential problem.

Emphasis in the original. The article is a geek read if ever there was one, but an interesting read nonetheless.