

H.265 is royalty free for non-commercial use. It’s ownership is kind of complicated with a bunch of patents and it is commercial licensing is controlled by a few groups.
If I understand correctly (and I’m no lawyer) FFMPEG is completely non-commercial so they don’t have an issue. Although I think anyone using FFMPEG for commercial applications (streamers, professional productions, etc…) should be paying a license.
I guess some distros felt that was legally murky for them and others aren’t comfortable with non-libre software.
I really wish Fedora would figure out a legal workaround and bundle in the codecs, but for now I just have to remember to set it up before I add any media.
That’s not an attack on ffmpeg. It’s 1,000% not fud. I’m not disputing its libre bonifides. H265 is not libre. It’s also not part of the ffmpeg code. But they can be distributed together because it’s non-commercial.
My apologies if I worded something in a way that wasn’t clear about that.
Separate from that issue.
There are distros that do not want to incorporate any non-libre elements into their OS for ideological reasons. They won’t have h265.
Then there are distros that have commercial elements, or for which their parent company has some kind of commercial interest in the distribution. If they don’t want to pay for licensing they may have legal limitations on their ability to incorporate h265.
But any completely non-commercial software that wants to bundle h265 in has cart blanche to do so.
I hope that clears things up.