Regardless of my opinion or language, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent (wikipedia). The EU recognizes "open standard" and while it may have patents on it the intellectual property of the standard must be made irrevocably available on a royalty-free basis. H.264 is patent laden by MPEG LA and as someone mentioned above, some of the patents carry out all the way to 2028. There is an opportunity for MPEG LA to see the penetration of H.264 and then change their mind or go to the Googles and Microsofts of the world and say "hey guys, remember how you coded h.264 into your browsers... yeah well this one part (waves patent filing) wasn't what we wanted to be open and it looks like you guys missed it so we are going to need 2 billion dollars from each of you." Honestly, what's to prevent that scenario from happening? Hold on break out the lawyers, lets send html5 back to the drawing board while we figure out what parts of H.264 are open and what parts aren't and delay it more.