AI think the point is not who owns the content, but who owns the mp3 format - have you paid them for the right to encode into 'their' mp3? Some claim you must, as they claim to own patents on parts of the process of such encoding. Some jurisdictions support this claim, others don't.
The point would be that they only enforce the license agreement if you make more than $100,000 in income from the encoded format per year. So while yes, it's not a patent free codec, he is within his rights under the DMCA requirements and the patent licensing terms for MP3. I just wanted to clarify a common misconception with MP3.
Daniel Worth
Host
The Open Source Musician Podcast
http://opensourcemusician.com
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