The companies making money on open source are affected by the patents not the community. We have code for all (i think) the patented stuff (from h264 to whatever) and anyone can activate these features (use a different repo or whatever the distribution has).
What harms open source is the lack of manpower and the fragmented nature of it. (ie they just forked ffmpeg).


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. As said on this forum and on the Mesa mailing list, it's a really big adventure and my GSoC project is to begin it and then to go as far as possible.