I think you're being unfair to google here, as the MPEG-LA doesn't provide any indemnity against VP8 violations. It wouldn't just be a case of google's lawyers looking through all the patents and saying "it's fine". They'd need to be so sure about it that if every phone, tablet and mp4 player manufacturer implemented VP8 in hardware, they would be able to cover the cost of every single lawsuit. Given that the MPEG-LA doesn't have a time limit on how long it can wait in order to sue (so they could wait until it's more widely used), that's a much riskier option than paying a (currently undisclosed; so it may be large or small) sum to make the problem go away.
Neither side wants a massive lawsuit; I think the most likely outcome would be that both sides would have some patents invalidated, and would be found to be infringing on some of the other's patents. Given that, I think this is the best (as in: least disruptive) outcome for both sides.


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We need VP9! But I guess they're waiting for WebM to be adopted everywhere.