Note that HTML5 in no way required Ogg (as denoted by the word "should" instead of "must" in the earlier draft). Adding this to the fact that there are widely available patent-free implementations of Ogg technology, there is really no excuse for Apple and Nokia to say that they couldn't in good faith implement HTML5 as previously formulated. Throw your own theory here: DRM, proprietary control, et cetera.
The WHATWG had an opportunity here to eliminate the plugin morass (so 90's) in favor of a baseline format that each browser could implement. Just as HTML specified baseline formats for images (GIF and PNG), this should have been an opportunity to specify baseline free audio and video. And there's still a chance.
Please, please help this issue get more public scrutiny. Use whatever means you deem necessary. Exert pressure on the WHATWG (subscribe now, let your thoughts be read). Don't let special interests kill computing for all — now it’s time to take a stand!
On their mailing list, so far:
Though even if the spec were written to reccomend (or even require) Ogg, since when did people actually code their websites to validate? It's been how long since we said "to hell with bad browsers"?