It would seem both surprising and remarkably underhanded, even considering the probable involved parties, to undertake constructing a patent pool for some product without ever consulting the vendor of that product: Surely no good faith effort to construct a valid and usable patent pool for a codec could be undertaken without contacting the developers of the codec.
In particular— according to the US Department of Justice "A licensing scheme premised on invalid or expired intellectual property rights will not withstand antitrust scrutiny." So, even though it is apparent that the Xiph.org or its participants would have no interest in receiving royalties from such a pool a failure to contact the developers in an effort to determine the validity of any potential patent claim would be unconscionable.
Since the developers of Theora have received no such contact, I can only conclude that no such effort is being undertaken and that the quoted statement is either a forgery, the result of a misunderstanding, or that the statement may be indicative of a dishonest and anti-competitive collusion by Apple and other H.264 patent holders to interfere which the development, promotion, and utilization of unencumbered media standards.
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