
Definition of open standard
H/264 is not an open standard. The definition of Open Standard that FSFE is using has already been used since 2003. This definition comes from the European Commission's Interoperability Framework which gives a definition of open standards. And H.264 is not an open standard! Ogg Theora is. That's all.
See: http://ec.europa.eu/idabc/en/document/3473