You know those patents you're complaining about apply to Flash too, right? And you have to pay Adobe an ass ton of money to generate Flash content - the viewer may be free, but the authoring tools certainly are not. With HTML5 I can generate my own content without needing any expensive proprietary tools.
Let me give it to you from a Linux user's perspective - I don't give 2 shits about software patents, there are plenty of countries in the world that agree with this notion and allow free distribution of software that 'infringes' on their bullshit IP claims. While my country fails to see how bat-shit crazy software patents are, I am still able to easily get all the tools I need to do whatever the fuck I want. Being that I am just an individual without any profit motive, I will never be sued by these ass clowns - they'd just be pissing their money away if they tried. If they want to ass rape Google for royalties to encode video in H.264 on YouTube, that's lame, but whatever.
Now with HTML5, I just stroll on over to a website with my open source web browser, and open source codecs, and everything works all dandy like - doesn't matter if I'm on x86, AMD64, armel, SPARC, whatever, it'll work just fine. The HTML5 content has a seamless feel in the browser and everything is nice and smooth and peachy.
With Flash, on the other hand, I'm limited to x86 and just recently was blessed with AMD64 support. To top it off, it's buggy and slow as shit and they even throw in a free monthly remote code execution vulnerability. It doesn't pay nice with the rest of the system and has this 'hacked pile of shit' feel to it (full screen doesn't work right, not a 'seamless' experience in the browser, requires some ghetto ass scripting to install using my distros package manager, etc). Gnash is garbage and isn't worth the trouble.
Should I care more about the patent issues? Probably. But in all honesty the technical issues are a far bigger concern of mine, and I have this optimistic attitude that our outdated IP protection nightmare will eventually come to an end. And even if it doesn't, as an end user it doesn't really impact me directly, or at least not enough to irritate me as much as Flash does.