This concern plus the fact that the license they use is by no means a common OS license. I also think that is a way to make some side cash but live photos didn't take that much over in the popular culture.
I definitely didn't suggest average broke-ass Joe. I was thinking more along the lines of media/news websites whose developers haphazardly leverage the format without considering patent implications.
Seriously sounds like Apple is posturing to reap some buku royalties if this proprietary method gains traction.
[1] https://www.appleworld.today/blog/2017/1/19/apples-dynamic-c...
[2] https://www.google.com/patents/US20170017616