Theora is based on VP3 (with few and documented modifications) just like VP6 which has been in used on youtube for years. So if theora is infringing any patents, so is VP3 and therefor VP6. In other words, if I had any patents on VP6/VP3/theora I would be suing the hell out of youtube and everybody else. Why would I wait for theora to be mainstream? Doesn't make sense.