Earlier quoted context omitted.
You could ask the same question of MPEG-LA: they don't indemnify their customers either. But Microsoft does. Why doesn't Google?
I wasn't aware that they did -- interesting. But actually that only covers "any Microsoft software licensed for a fee for your end use." [0] Since Google does not charge end-users for any of its software that it distributes, you could argue that Google's indemnification program is just as extensive as Microsoft's. [0] http://download.microsoft.com/download/9/D/0/9D0A6265-A509-4...
As a consumer you stick with WebM and all that the royalty freeness buys you. I'll stick with H264 knowing that MS has already paid the royalty, the patent pool has virtually every player in the game, and MS indemnifies me as an end user. We'll call it a day.