Well, my reasoning was a bit more articulated than that; but yes, I focused on the most practical consequences of mp3 playback--don't lose sight of what was being discussed, which wasn't patents in general. Now, you seem like having a good argument there, but again you are not sharing it. I hope you realise that if you don't exchange your views this is rather pointless.
And heh, yes, you could threat Phoronix with having endless arguments in the forum about patents to coerce Michael to use Vorbis. He is perfectly aware of the bitching, as it transpires from the Ubuntu One Music Store story...which linked to this thread...and now I'm going to create a singularity (or two) by LINKING BACK TO IT!.
Seriously now, what were the reasons originally given for not pleasing you? That's the core issue. You mentioned a vote or something, which I must have completely missed. As I said, I too would expect a more "OSS friendly" format, knowing what a lot of people over here think; surely there must be a reason for the decision, if only perhaps a trivial one.