Correct me if Im wrong, but I believe mp3 licensing pertains to ripping/encoding/distribution, not possession. Unity (I believe) recodes all imported audio into ogg files, so no mp3 sharing should occur with the distribution of our games. Since the recoding is performed by Unity, not by our own personally coded software, the only licensing requirement should be on Unity themselves.
Is this correct?
Hi @NeedsLoomis,
Honestly, I don’t know, but ask yourself this… would a large organisation which creates a product and training materials distributed worldwide, which in 2016 achieved revenue exceeding $1 billion, create a product that could see them having the licensing requirement for your MP3 collection “on them”?
Their product, on your PC, being operated by you, playng your Chas 'n Dave albums, for use in your game…
See you in jail… 
Joking aside…
Sorry, I worded that poorly. What I mean to say in regards to Unity is that we are not the developers of Unity, we are the end users, and mp3 licenses aren’t issued to end users (as per the Technicolor FAQs). The devs of Unity paid a license to implement their ripping software, thats on them.
We are, however, the devs of the games we make in Unity and definitely must pay a license to use MP3s in said games…but our games don’t use MP3s, they all use OGG encoded content. To quote Technicolor “Games using mp3 encoded content are licensed on a per-title basis.”
So the grey area; do we need to license MP3 technology when it is used in the creation of games that don’t use MP3 technology? How do they define “Games using mp3 encoded content”? Does it include games that neither have nor use MP3 encoded content?
I agree that it’s better to cover your butt when in doubt. Im pretty curious, so I think I’ll shoot them an email!
Little late in replying here, but I did end up Emailing them and the result was surprising!
“Thanks for contacting mp3 licensing. The mp3 Licensing program covering the mp3 patents of Thomson/Technicolor and the Fraunhofer IIS Institute will end on April 23, 2017, which is in 2 ½ weeks. If you do not distribute your game until after that date, our license is not required.”
That is rather nicely timed huh! 
Quite surprising to get a response like that and not one where someone asks you for 
Given that Ben has been talking about Ogg files not working on Windows, my feeling is that Unity probably relies entirely on OS/platform decoders rather than shipping an mp3 decoder. This is a pretty common application strategy in recent years.
In any case, it’s a moot point due to the licensing running out last year as stated.
Coming at it from another angle, it’s also highly unlikely Unity would build their own decoder for the purpose of decoding audio or other media files, but would use an open source library. You can see the open source licenses in the release notes of the application:
libvorbis | BSD 3-Clause License
Copyright © 2002-2009 Xiph.org Foundation
libtheora | BSD 3-Clause License
Copyright © 2002-2009 Xiph.org Foundation
Notably missing is an mp3 decoder copyright notice.