Thanks :) we had a review of Construct 2 in the last issue too.
Lets be clear about this ogg is not out of its patent lifetime. So far it has been freely available, but it could be the victim of a submarine patent. Browsers have a reason to stay away - it was the W3C that removed ogg as a recommendation.
It's hard to find objective information on the subject, but IMO the patent issue around ogg is just propaganda spread by the MPEG supporters. Ogg Vorbis was deliberately designed to avoid any patents and in its 10 year history including being used in AAA game releases, nobody has raised any actual patent complaints against it. So this whole "but there *could* be a patent on it!" just seems to be BS raised as an excuse to not write it in to the spec.
Also bear in mind the HTML spec has to keep all the companies involved happy. Specs aren't successful if they go against the desires of anyone involved in the standardisation. And many of the companies involved in putting together the HTML5 spec are big stakeholders in MPEG, so they probably pressured to have Ogg removed from the spec and got their way.