No, they're not. However, the standard itself is now tainted with this. By forcing their way into the standard with EME, yes, they did. You cannot implement th

No, they're not. However, the standard itself is now tainted with this. By forcing their way into the standard with EME, yes, they did. You cannot implement the full standard without getting their blessing. They profited from the entire work done by hundreds of persons on an open standard, and implemented a proprietary solution on top of it. And made it part of the standard.