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Re:FFmpeg for browser and Node, powered by WebAssembly by kkielhofner on Monday August 23, 2021 @11:24AM (#28277248)
IANAL disclaimer as well but each component (hardware block, x264/x265 instance) is (IIRC) considered a separate "unit" [0].

[0] Slide 10, bullet one https://www.mpegla.com/wp-content/uploads/avcweb.pdf

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