I don't agree. If I tell you that you can use my software, but only under the condition that you distribute the source code, or make code that utilizes my code open source as well, then that is obviously stipulating "what terms they can give out the software or derived works to other people."

Are you serious? http://x264dev.multimedia.cx/?p=102 In particular, http://x264dev.multimedia.cx/wp-content/uploads/2009/08/quality_chart1.png No contest, Theora gets whooped. So do most h264 implementations, compared to x264 for that matter, which is probably why most companies these days are moving towards that encoder implementation.

No, it's not even remotely an "oxymoron"; open source isn't about giving up your property rights. It's about _respecting_ property rights. This is why open source projects _include a license_, and that license stipulates how people may use the project in detail. How is me requiring people open source projects that use my property any different than me requesting they pay me to use my property? In either scenario, I am putting forth the stipulations for use. If you're against paying to use property, so be it, but don't make the mistake of thinking open source code is devoid of property rights.

First of all, H264 is not a "closed-source..codec"--this is complete nonsense. The standard itself is completely published and documented, and there is nothing stopping open source projects from creating H264 encoder and decoders. And have they ever--hands down, the best H264 encoder implementation today is x264, which is licensed under the GPL. The patent issue is totally separate, but let's not conflate "patented" with "open source." The real issue with H264 is who will pay royalties for the patents. For Windows 7 and OSX, MSFT and APPL pay those royalties. In the case of Ubuntu, it makes it easier for commercial entities to distribute Ubuntu if they know royalties and licensing fees are already being handled. So to be honest, this just makes Ubuntu an easier sell to PC manufacturers because they aren't liable for royalty costs or hidden "gotchas"

....wouldn't it just be easier to use a wire rather than construct a building in such a manner? Or use a powerline network instead? Nobody worth their tin-foil hat would ever think such a drastic measure was worthwhile.