Not getting caught for some time doesn't count either. You'll pay retroactively, with some interest, probably.
Licensing page is at [0]. Considering the previous shenanigans they pulled against open video and audio formats in the past [1], these guys are not sleeping around. These guys call people for patent pools in a format, and license these pools as format licenses.
[0]: https://www.via-la.com/licensing-2/avc-h-264/avc-h-264-licen...
What about if you're a YouTuber, surely they don't pay?
Can you show a single court case or even a press release where someone using a legit licensed product bought on the open market was sued for codec patent infringement?
[0] https://en.wikipedia.org/wiki/Exhaustion_doctrine_under_U.S....
You license the right to use the patent pool for commercial purposes, not the device itself.
Edit: Missed the last part where you said the same