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Mike Richter wrote:
>LAME makes clear that it is *not* an MP3 encoder but that it produces 
>compatible files in a comparable format. Apparently that was sufficient 
>to defeat the Fraunhofer Institute's claim of patent infringement.
>
>The decoder is 'standard' in that the algorithm is in the public domain. 
>Its implementation can (and does) vary, often with disappointing 
>results. 

The decoder technology has never actually been in the public domain. Fraunhofer offered a free evaluation version however using it for anything other than just a science project has always been subject to licensing.

The Fraunhofer Institute prevailed in the lawsuits and people who distribute LAME now get to pay for the privilege! Most have switched to distributing a Fraunhofer codec instead.
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Bob Olhsson Audio Mastery, Nashville TN
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