I wouldn't agree. The choice between a patent-encumbered h264 or an improving open standard?<p>If you read this part: <a href="http://www.diveintohtml5.org/video.html#licensing" rel="nofollow">http://www.diveintohtml5.org/video.html#licensing</a> it becomes clear that h264 isn't really a viable option for an open web. <i>You will have to start paying licensing fees by 2011 if you use the h264 codec</i>. Now I'm not against paying for good things, but paying $2500+ per year per video doesn't sound too attractive...