You know, most of the time I'm not what you'd call an EU fanboy, but I have to admit that once in a while they do get things right when basically noone else does.
Like last year when the European Parliament gave a collective finger to a porposal that would have implemented software patents in the EU, or just a month or two back when a nearly unanimous parliament basically told the ACTA negotiators that either they were going to release the text and also forget any silly notions about mandatory internet disconnections for internet piracy or parliament would block the treaty out of pure spite. Now, all we needis for the US congress to follow the EU's lead... though I doubt I'll live to see that happen.
As for Apple and Theora, maybe Xiph should try to join the open invention network. If they did, that defensive patent portfolio might make even Apple think twice about whether this is really a fight worth fighting.