French laws don’t recognize software patents so videolan doesn’t either. This is likely a reference to vlc supporting h265 playback without verifying a license. These days most opensource software pretends that the h265 patents and licensing fees don’t exist for convenience. I believe libavcodec is distributed with support enabled by default.

Nearly every device with hardware accelerated h265 support has already had the license paid for, so there’s not much point in enforcing it. Only large companies like Microsoft and Red Hat bother.