Patents and copyrights are granted according to two completely different sets of laws. Free software deals with copyright. Free software potentially infringes thousands of patents just because every single idea is patented (and you can come up with as many as you want: software is made of ideas, what makes it fundamentally different from physical innovations). According to Wikipedia: "The various MP3-related patents expire on dates ranging from 2007 to 2017 in the U.S".
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