Here's a page with some info about this:
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http://www.mp3licensing.comI quote the parts that I find more interesting to the topic:
From the End Users Q&A page:
QUOTE
Do I need a license to distribute mp3/mp3PRO encoded content?
Yes. A license is needed for commercial (i.e., revenue-generating) use of mp3/mp3PRO (...).
However, no license is needed for private, non-commercial activities (e.g., home-entertainment, receiving broadcasts and creating a personal music library), not generating revenue or other consideration of any kind or for entities with an annual gross revenue less than US$ 100 000.00.
QUOTE
Do I need a license to stream mp3/mp3PRO encoded content over the Internet?
Yes. A license is needed for commercial (i.e., revenue-generating) use of mp3/mp3PRO (...).
However, no license is needed for private, non-commercial activities (e.g., home-entertainment, receiving broadcasts and creating a personal music library), not generating revenue or other consideration of any kind or for entities with an annual gross revenue less than US$ 100 000.00.
From the Developers & Manufacturers Q&A page:
QUOTE
I want to support mp3/mp3PRO in my products. Do I need a license?
Yes. (...)
In case your business does not involve the manufacture of relevant products, but importation or purchase of such products from a third party manufacturer, you are advised to check whether the manufacturer is duly licensed by us, as the trade in unlicensed products may expose your company to liability for patent infringement. Accordingly, you are advised to obtain licensed products only.
QUOTE
I have my own/third party mp3 software. Do I need a license?
Yes. Use of our patents is not related to a specific implementation of encoders and decoders, which means that a license under our patents is needed.
From the Royalty Rates page:
QUOTE
mp3 patent-only license
This patent-only license is needed in case the mp3 software is developed in-house or licensed from a third party.
Decoder · US$ 0.75 per unit or US$ 50 000.00 one-time paid-up
Encoder / Codec · US$ 2.50 per unit
So, from a theoretical point of view, there's no need to have a license for private distribution/streaming of mp3 files. But the use of decoders and encoders doesn't seem exempt of licenses, even for personal use. But of course I don't believe that Thomson/FhG will care that much to currently stop the distribution of free mp3 encoders/decoders as long as they are not associated with any companies.
cya