That's a terrible case.

Firstly, H.265 is still in progress and it will be built into Windows, iOS and OSX at some point. That means that Firefox, Opera and Chrome don't need to implement it. They can just defer to the OS implementation. And there is nothing to suggest that H.265 won't follow the same path as H.264 i.e. dominate: http://caniuse.com/#feat=mpeg4

Secondly, it is completely disingenuous to say "VP9 matches H.265 in video quality" when it is only at low compression. The whole point of VP9 is to be an open solution for the web i.e. it will be used at high compression. Every comparison we have seen to date suggests that VP9 is more of a competitor for H.264 not H.265 at this level.

Thirdly, nice work completely ignoring the rest of the consumer electronics industry. MPEG LA is stacked with almost every important player in video/photo camera, console, television.