There are many encoders available from different companies, and those companies arel entitled to license them however they see fit. The patent fee comes into play when an encoder reaches a user - someone has to pay it. In practice this is the software vendor - i.e. empeg paid the license for each of your car players.

In theory every user of LAME should pay a fee to Thomson Fraunhoffer if nobody further up the chain has paid it on your behalf. I'm not sure if Thomson waive this as a matter of policy, or just don't bother to attempt to enforce it.

Rob