This is quite an out of date article and your #3 is totally wrong.
Not only did the call for patents never actually materialize anything (12 supposed but never named companies in a press release four years ago), Google bought out the MPEG LA's claims anyway[1].
Meanwhile the VP8 patent grant[2] is exactly the kind of thing being contrasted here: you lose your license to the VP8 patents only if you sue over patent infringement in VP8 itself.
1. You have a license to our related patents
2. You're on your own if someone else claims that your use of our stuff infringes their patents
3. You lose your license if you come after us for anything.These kinds of licenses have network effects, and are only really effective in a mutually-assured destruction scenario.
http://ipjournal.law.wfu.edu/2011/03/googles-afraid-its-free...