But he says a lot of BS, like, "In fact, one of the most brain damaged things of the current software patent situation is the fact that if a company performs a patent search and finds a potential infringing patent it may incur in additional damages for willful infringement (called “treble damages”). So, the actual approach is to perform the same analysis, try to work around any potential infringing patent, and for those close enough cases that cannot be avoided try to steer away as much as possible. So, calling Google out for releasing the study on possible patent infringement is something that has no sense at all: they will never release it to the public."

Patent law makes it VERY clear that treble damages occur with WILLFUL infringement. Good faith efforts, the inevitably fail, won't be subject to treble damages.

It seems like he's bending over backwards to show that Google shouldn't disclose anything, which is absurd.

His opinion that the suboptimal choices means that WebM has avoided the H264 patents seems very suspect to me. And contradictory, because if they did do what he said, and did accidentally infringe, by his (incorrect) logic they'd be liable for treble damages. Blech.