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.