Read the list of patents left: a lot of them are on SVC (no one uses this) and on higher profile.
For a lot of use cases, including Basic and Main profile, H.264 is already free.
VideoLAN President
Video startup founder
One of the VLC lead developers
jb -at- videolan.org http://www.jbkempf.com/ http://www.ohloh.net/accounts/jbkempf
[ my public key: https://keybase.io/jbk; my proof: https://keybase.io/jbk/sigs/qDODqvlBWPF_96drobDfP-m8PVJNC71Ts7yXzpaDu_c ]