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And free and open source software can be written, shared and used without potentially getting sued. And these projects power lots of things.
To be fair, this is mainly a US issue. VLC (French) has provided h264 encoders and decoders for years.
I mean ffmpeg, GStreamer etc also provide the encoders and decoders. That doesn't make it legal. I think they're all (including VLC) threatened by software patents. But you're right. There are differences between the EU and other jurisdictions.