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"Q. Isn't VP3 a patented technology?
Yes, some portions of the VP3 codec are covered by patents. However, the
Xiph.org Foundation has negotiated an irrevocable free license to the
VP3 codec for any purpose imaginable on behalf of the public. It is
legal to use VP3 in any way you see fit (unless, of course, you're doing
something illegal with it in your particular jurisdiction). You are free
to download VP3, use it free of charge, implement it in a for-sale
product, implement it in a free product, make changes to the source and
distribute those changes, or print the source code out and wallpaper
your spare room with it.
For more information, check the VP3 Legal Terms on the SVN page"

Although you may "infringe" on On2?s patents for VP3 when implementing
Theora this is not a problem as On2 gave an "irrevocable free licence"
to all humanity (remember: Patents can only cause trouble if you don?t
have a license). This licencse is not bound to a specific codebase.

Maik