Ya, MPEG LA comments indicate that VP8 is in a shitload of trouble:

http://digitaldaily.allthingsd.com/20100...-free-for-long/

They're looking at setting up a patent pool similar to that of H.264 so that people using VP8 can license it in an easy fashion instead of going to or getting sued by individual patent holders. Seeing as VP8 has absolutely no advantage over H.264 from a technical or quality standpoint, if the only promised one (that it's FREE as in beer) goes away, what's the point?

Looks like in their bid to kick everyone else in the shins and continue their rampage to dominate the world, Google let loose with a batch of lies that are going to come back and bite them right in the face.