Comment Re:bad for standards (Score 5, Informative) 194
It also still doesn't give anyone permission to generate their own h.264 video files (outside of webrtc "video-chatting" inside the browser) legally without paying someone a patent "poll-tax" for permission, so this is still "consume-only".
I'm also under the impression that there are,absurdly, potential patent-license issues with the.mp4 file format that h.264 video is most often stored in. Finally, of course unless the usual obstructionist Apple and Microsoft ever implement opus codec support, this also doesn't give you the legal ability to include sound (mp3 or aac, typically, for h.264 videos) with the video. Hope everybody likes silent movies...
If you have a camcorder, the license to create h.264 is present as part of the camcorder. This includes phones and everything else people submit to YouTube, for example.
The only constraint is that if you post content online, you cannot take payment on the content itself - i.e., you can put it online, you can put ads around it, but you cannot force someone to pay to view that content (commercial activity). So those videos on YouTube where you have to pay in order to view them come under a different license.
As for the Mp4 format being patented - it's RAND by Apple ages ago (MP4 is a subset of the QuickTime MOV format). If Apple's asserting any patents on the format, that is. But since people mass-license the h.264 patents through the MPEG-LA, that means any patents Apple has on MP4 are included in the license fee you pay to create or display the content.
Sound is licensed under a separate agreement - MP3 or AAC. Again, your typical MPEG-LA license for h.264 will probably include use licenses for AAC (most typical format) so you can have a soundtrack.
If not, there's always PCM as well - handled by the format just fine.