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Yeah, if it's commercial I think you do, a quick google crops up http://mp3licensing.com/royalty/ - I think its only once you sell 3000 copies or something though. And after that, 75c per unit isn't a big deal if you're commercial.
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Its probably because construct is open source. What they gon' do?
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Plus in the end i think windows media player handles the actual playing of the mp3 (not sure about that).
The Play MP3 action uses Directshow, which is the same thing Windows Media Player uses to play MP3s.