Nothing is stopping you from paying for h.264 for better quality (although the difference is far from what you try to portray).
Meanwhile those who doesn't want to pay for the priviledge of the better quality h.264 offers (and likely h.265 in comparison with vp9) will be able to use a free codec, hopefully one which will be standarised under HTML5 and thus supported across all HTML5 compliant software.
Depends on what you are using it for e.g. renting TV shows or for cut scenes in video games.
They also reserved the right to start charging for free videos (you remember when Apple fought against the MPEG-LA when they tried that with AAC audio codec, right?). They only made that permanently free a few months after WebM was announced.
As a user H.264 was already free. As a developer H.264 was already free.