"A patent pool is being assembled to go after Theora and other “open source” codecs now." That's kind of scary.
Presumably it would be the holders of the putatively infringed patents that would be assembling the "pool". I don't think Apple is in the Video Codec patent-holding business. As a major licensee of H.264, you'd have to presume Apple be in a position to know if someone else was rounding up the usual suspects.
Every time you license H.264 (or something other from MPEG-4 pool), a cut goes to Apple (also to Microsoft and Nokia).