It is an open standard, sure. But this does not excuse one from being subject to the certain terms and conditions put forth by the patent rights holders. We are in a wide range of discussions with all the strategic sectors of the MP3 universe. The record industry is still basically flat. It is interesting to note that RIAA statistics show the decline in cassette sales relative to CD's has slowed.
People are still prepared to forego CD quality to get the music cheaper.
CD's are far too expensive. Just look at France. Encoded music will change all of this for the benefit of consumers. But basically, growth is in arrest. This is mostly a function of the CD replacement phase having been completed.