UTlLlTY
`PATENT APPLICATION
`TRANS M |TTAL
`
`(Only for new nonprovisional applications under 37 CFR 1. 53(b))
`
`APP’-‘CA-“ON ELEMENTS
`See MPEP chapter 600 concerning utility patent application contents.
`
`ADDRESS TO.‘
`
`PTO/SB/O5 (08-08)
`
`DATA STORAGE AND ACCESS
`SYSTEMS
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1' X F“ T""‘"*°’"‘"“" F°'"‘ <69" '°T°’5B’17)
`
`ACCOMPANYING APPLICATION PARTS
`
`2. E Applicant claims small entity status.
`See 37 CFR 1.27.
`
`[Total Pages _L ]
`3. El Specification
`Both the claims and abstract must start on a new page
`(For information on the preferred arrangement, see MPEP 608.01(a))
`
`412 Drawing(s) (35 U.S.C.113)
`
`[Total Sheets
`
`17
`
`[Total Sheets 2:
`5. Oath or Declaration
`a. El Newly executed (original or copy)
`b. IE A copy from a prior application (37 CFR 1.63 (d))
`(for a continuation/divisional with Box 18 completed)
`3- [3 DELETDN OF WVENTOR 3
`Signed statement attached deleting inventor(s)
`named in the prior application, see 37 CFR
`1.63(d)(2) and ’l.33(b).
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`9. E] Assignment Papers (cover sheet & document(s))
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`Name of Assignee
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`X Power of
`10. [XI 37 CFR 3.73(b) Statement
`Att°|'neY
`(When there is an 358/9099)
`.
`.
`.
`.
`11' D En9"sh Translaflon Document W apphcable)
`12. E Information Disclosure Statement (PTOlSBlO8 or PTO-1449)
`'3 Copies °f Citamns attached
`
`. El Application Data Sheet. See 37 CFR 1.76
`
`13. E] Preliminary Amendment
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`. D CD-ROM or CD-R in duplicate, large table or
`C°mp”t"-‘T P'°9’am (APP9”diX)
`Landscape Table on CD
`
`Nucleotide andlor Amino Acid Sequence Submission
`(if applicable, items a. - c. are required)
`a- El C0mP.Uter‘Readeb|e F0rm'(C_RF)
`b-
`Speclficatlon Sequence I-‘SW9 003
`i. D CD-ROM or CD-R (2 copies); or
`ii. D Paper
`
`14. E] Return Receipt postcard (Mpgp 503)
`(Should be specifically itemized)
`
`15. [:1 Certified Copy of Priority Document(s)
`(if foreign priority is C/aimed)
`
`16. El Nonpublication Request under 35 u.s.c. 122 (b)(2)(B)(i).
`Applicant must attach form PTO/SB/35 or equivalent.
`
`17. ® other; Communication
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`A c. D Statements verifying identity of above copies
`18. If a CONTlNUlNG APPLICATION, check appropriate box, and supply the requisite information below and in the first sentence of the
`specification following the title, or in an Application Data Sheet under 37 CFR 1. 76:
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`E Continuation
`Prior application information:
`
`E] Continuation-in—part (CIP)
`[:1 Divisional
`‘ Examiner Thien Minh Le
`
`of prior application No: _13l012,541 ____________ __
`Art Unit: 2887
`
`19. CORRESPONDENCE ADDRESS
`
`E The address associated with Customer Number: L
`Name
`I
`
`State
`|
`Telephone
`
`--tn‘
`
`Signature 1,
`«
`‘Mm
`63668119 v1
`
`20350
`
`I
`
`OR El Correspondence address below
`
`August 17, 2011
`
`Apple Exhibit 1108 Page 00001
`
`Apple Exhibit 1108 Page 00001
`
`

`
`PTOISBl17 (10-as)
`
`
`
`
`
`Effective on 12/08/2004.
`
`Fees pursuant to the Consolidated Appropriations Act, 2005 (H.R. 4818).
`FEE TRANSMITTAL
`For FY 2009
`
`
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`D Check IE Credit Card I:I Money Order CI None D Other (please identify):
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`E under 37 CFR 1.16 and 1.17
`IE Credit any overpayments
`WARNING: Information on this form may become public. Credit card Information should not he Included on this form. Provide credit card
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`FEE CALCULATION
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`FILING FEES
`SEARCH FEES
`small Entity
`Small Entity
`Fee [§)_ Fee (§)
`Fee 5) Fee (§[
`330
`82
`540
`270
`220
`110
`100
`50
`220
`110
`330
`165
`330
`165
`540
`270
`220
`I 10
`0
`O
`
`Application Type
`Utility
`Design
`Plant
`Reissue
`Provisional
`
`-
`
`2. EXCESS CLAIM FEES
`Fee Description
`Each claim over 20 (including Reissues)
`Each independent claim over 3 (including Reissues)
`Multiple dependent claims
`Fee |§|
`Total Claims
`Extra Claims
`26
`x
`-20 or HP =_
`;__
`39
`19
`HP = highest number of total clalms paid for, if greater than 20
`lndeg. Claims
`Extra Claims
`Fee (§[
`‘I1
`8
`110
`-3orHP=
`x
`
` HP = highesl number of independent claims paid (or. if greater than 3
`3. APPLICATION SIZE FEE
`
`
`=
`
`=
`
`Fee Paid Q)
`494
`
`Fae Paid (§[
`880
`
`EXAMINATION FEES
`Small Entlgy
`Fee |§) Fee 5)
`220
`1 10
`140
`70
`170
`85
`650
`325
`0
`0
`
`Fees Paid (§)
`452
`_
`
`small Enfg
`Fee (§)
`Fee (Q
`26
`52
`110
`220
`195
`390
`Multiple Dependent Claims
`Fee m
`Fee Paid (§)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
`
`
`
`
`
`
`.
`
`If the specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer
`listings under 37 CFR l.52(c)), the application size fee due is $270 ($135 for small entity) for each additional 50
`sheets or fraction thereof. Sec 35 U.S.C. 41(a)(1)(G) and 37 CFR 1.l6(s).
`Total Sheets
`Extra Sheets
`Number of each additional 50 or fraction thereof
`(round up to a whole number)
`x
`
`Fee [Q
`
`=
`
`Fee Paid (§[
`
`— 100 =
`
`/50 =
`
`4. OTHER FEE(S)
`Non-English Specification,
`
`-
`$130 fee (no small entity discount)
`
`_
`
`Fees Paid [§)
`
`
`
`
`
`
`
`
`
`
`Other (c.g., late filing surcharge):
`
`SUBMITTED BY
`
`.
`
`
`
`A
`
`A
`
`A
`'
`
`
`Name (Print/Type) Jaso ‘mm
`63668165 v1
`‘
`‘
`
`
`
`Registration No.
`
`_
`
`Date August 17, 201 1
`
`
`Page 00002
`
`Page 00002
`
`

`
`UTlLlTY
`PATENT APPLICATION
`TRANS M |TTAL
`
`(Only for new nonprovisional applications under 37 CFR 1. 53(b))
`
`APP’-‘CA-“ON ELEMENTS
`See MPEP chapter 600 concerning utility patent application contents.
`
`ADDRESS TO.‘
`
`PTO/SB/O5 (08-08)
`
`DATA STORAGE AND ACCESS
`SYSTEMS
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1' X F“ T""‘"*°’"‘"“" F°'"‘ <69" '°T°’5B’17)
`
`ACCOMPANYING APPLICATION PARTS
`
`2. E Applicant claims small entity status.
`See 37 CFR 1.27.
`
`[Total Pages _L ]
`3. El Specification
`Both the claims and abstract must start on a new page
`(For information on the preferred arrangement, see MPEP 608.01(a))
`
`412 Drawing(s) (35 U.S.C.113)
`
`[Total Sheets
`
`17
`
`[Total Sheets 2:
`5. Oath or Declaration
`a. El Newly executed (original or copy)
`b. IE A copy from a prior application (37 CFR 1.63 (d))
`(for a continuation/divisional with Box 18 completed)
`3- [3 DELETDN OF WVENTOR 3
`Signed statement attached deleting inventor(s)
`named in the prior application, see 37 CFR
`1.63(d)(2) and ’l.33(b).
`
`_
`
`9. E] Assignment Papers (cover sheet & document(s))
`
`Name of Assignee
`
`X Power of
`10. [XI 37 CFR 3.73(b) Statement
`Att°|'neY
`(When there is an 358/9099)
`.
`.
`.
`.
`11' D En9"sh Translaflon Document W apphcable)
`12. E Information Disclosure Statement (PTOlSBlO8 or PTO-1449)
`'3 Copies °f Citamns attached
`
`. El Application Data Sheet. See 37 CFR 1.76
`
`13. E] Preliminary Amendment
`
`. D CD-ROM or CD-R in duplicate, large table or
`C°mp”t"-‘T P'°9’am (APP9”diX)
`Landscape Table on CD
`
`Nucleotide andlor Amino Acid Sequence Submission
`(if applicable, items a. - c. are required)
`a- El C0mP.Uter‘Readeb|e F0rm'(C_RF)
`b-
`Speclficatlon Sequence I-‘SW9 °“3
`i. D CD-ROM or CD-R (2 copies); or
`ii. D Paper
`
`14. E] Return Receipt postcard (Mpgp 503)
`(Should be specifically itemized)
`
`15. [:1 Certified Copy of Priority Document(s)
`(if foreign priority is C/aimed)
`
`16. El Nonpublication Request under 35 u.s.c. 122 (b)(2)(B)(i).
`Applicant must attach form PTO/SB/35 or equivalent.
`
`17. ® other; Communication
`
`A c. D Statements verifying identity of above copies
`18. If a CONTlNUlNG APPLICATION, check appropriate box, and supply the requisite information below and in the first sentence of the
`specification following the title, or in an Application Data Sheet under 37 CFR 1. 76:
`
`E Continuation
`Prior application information:
`
`E] Continuation-in—part (CIP)
`[:1 Divisional
`‘ Examiner Thien Minh Le
`
`of prior application No: _13l012,541 ____________ __
`Art Unit: 2887
`
`19. CORRESPONDENCE ADDRESS
`
`E The address associated with Customer Number: L
`Name
`I
`
`State
`|
`Telephone
`
`--tn‘
`
`Signature 1,
`«
`‘Mm
`63668119 v1
`
`20350
`
`I
`
`OR El Correspondence address below
`
`August 17, 2011
`
`Page 00003
`
`Page 00003
`
`

`
`PTOISBl17 (10-as)
`
`
`
`
`
`Effective on 12/08/2004.
`
`Fees pursuant to the Consolidated Appropriations Act, 2005 (H.R. 4818).
`FEE TRANSMITTAL
`For FY 2009
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`D Check IE Credit Card I:I Money Order CI None D Other (please identify):
`IXI Deposit ACCOUM Deposit Account Number. 20-1430
`Deposit Account Name: Kilpatrick Townsend 8. Stockton LLP
`For the above—identified deposit account, the Director is hereby authorized to: (check all that apply)
`Charge fee(s) indicated below
`El Charge fee(s) indicated below, except for the filing fee
`Charge any additional fee(s) or underpayments of fee(s)
`.
`E under 37 CFR 1.16 and 1.17
`IE Credit any overpayments
`WARNING: Information on this form may become public. Credit card Information should not he Included on this form. Provide credit card
`information and authorization on PTO-2038.
`FEE CALCULATION
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`FILING FEES
`SEARCH FEES
`small Entity
`Small Entity
`Fee [§)_ Fee (§)
`Fee 5) Fee (§[
`330
`82
`540
`270
`220
`110
`100
`50
`220
`110
`330
`165
`330
`165
`540
`270
`220
`I 10
`0
`O
`
`Application Type
`Utility
`Design
`Plant
`Reissue
`Provisional
`
`-
`
`2. EXCESS CLAIM FEES
`Fee Description
`Each claim over 20 (including Reissues)
`Each independent claim over 3 (including Reissues)
`Multiple dependent claims
`Fee |§|
`Total Claims
`Extra Claims
`26
`x
`-20 or HP =_
`;__
`39
`19
`HP = highest number of total clalms paid for, if greater than 20
`lndeg. Claims
`Extra Claims
`Fee (§[
`‘I1
`8
`110
`-3orHP=
`x
`
` HP = highesl number of independent claims paid (or. if greater than 3
`3. APPLICATION SIZE FEE
`
`
`=
`
`=
`
`Fee Paid Q)
`494
`
`Fae Paid (§[
`880
`
`EXAMINATION FEES
`Small Entlgy
`Fee |§) Fee 5)
`220
`1 10
`140
`70
`170
`85
`650
`325
`0
`0
`
`Fees Paid (§)
`452
`_
`
`small Enfg
`Fee (§)
`Fee (Q
`26
`52
`110
`220
`195
`390
`Multiple Dependent Claims
`Fee m
`Fee Paid (§)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`.
`
`If the specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer
`listings under 37 CFR l.52(c)), the application size fee due is $270 ($135 for small entity) for each additional 50
`sheets or fraction thereof. Sec 35 U.S.C. 41(a)(1)(G) and 37 CFR 1.l6(s).
`Total Sheets
`Extra Sheets
`Number of each additional 50 or fraction thereof
`(round up to a whole number)
`x
`
`Fee [Q
`
`=
`
`Fee Paid (§[
`
`— 100 =
`
`/50 =
`
`4. OTHER FEE(S)
`Non-English Specification,
`
`-
`$130 fee (no small entity discount)
`
`_
`
`Fees Paid [§)
`
`
`
`
`
`
`
`
`
`
`Other (c.g., late filing surcharge):
`
`SUBMITTED BY
`
`.
`
`
`
`A
`
`A
`
`A
`'
`
`
`Name (Print/Type) Jaso ‘mm
`63668165 v1
`‘
`‘
`
`
`
`Registration No.
`
`_
`
`Date August 17, 201 1
`
`
`Page 00004
`
`Page 00004
`
`

`
`Attorney Docket No.: 87790-818158 (0O0150US)
`Client Reference No.: PN759544USF
`
`PATENT APPLICATION
`
`DATA STORAGE AND ACCESS SYSTEMS
`
`lnVentor(s):
`
`Patrick Racz, a citizen of United Kingdom, residing at
`19 Royal Street
`Saint Heller, JE1 4WA Jersey
`
`Herrnen-ard Hulst, a citizen of Netherlands, residing at
`Van Tuyll Van Serooskerweg'75hs
`Amsterdam, 1076 JG
`Netherlands
`
`Assignee:
`
`Smartflash Technologies Limited
`1070908 Palm Grove House, PO Box 438
`Wickhams’ Cay, Road Town
`British Virgin Islands
`
`Entity:
`
`Small
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`Two Embarcadero Center, Eighth Floor
`San Francisco, California 94111-3834
`Tel: 925-472-5000
`
`Page 00005
`
`Page 00005
`
`

`
`Attorney Docket No.: 87790-818158 (000150US)
`Client Reference No.: PN759544USF
`
`PATENT
`
`DATA STORAGE AND ACCESS SYSTEMS
`
`CROSS-REFERENCES TO RELATED APPLICATIONS
`
`[0001]
`
`This application is a continuation of U.S. Patent Application Number 12/943,872, filed
`
`on November 10, 2010; which is a continuation of U.S. Patent Application Number 12/014,558,
`
`filed on January 15, 2008, now issued U.S. Patent Number 7,942,317; which is a continuation of
`U.S. Patent Application No. 1 1/336,758, filed on January 19, 2006, now issued U.S. Patent
`
`Number 7,334,720; which is a continuation of U.S. Patent Application No. 10/111,716, filed on
`
`September 17, 2002, which application is a national stage application under 35 U.S.C. 371,
`
`claiming the priority of international PCT Application No. GB00l04l10, filed on October 25,
`
`2000; which claims priority to UK Application No. 99252272, filed on October 25, 1999, each
`
`of which is incorporated by reference in its entirety for all purposes.
`
`BACKGROUND OF THE INVENTION
`
`[0002]
`
`This invention is generally concerned with data storage and access systems. More
`
`particularly, it relates to a portable data carrier for storing and paying for data and to computer
`systems for providing access to data to be stored. The invention also includes corresponding
`
`methods and computer programs. The invention is particularly useful for managing stored audio
`
`and video data, but may also be applied to storage and access of text and software, including
`
`10
`
`15
`
`20
`
`games, as well as other types of data.
`
`[0003]
`
`One problem associated with the increasingly wide use of the internet is the growing
`
`prevalence of so-called data pirates. Such pirates obtain data either by unauthorized or
`
`legitimate means and then make this data available essentially world-wide over the intemet
`
`without authorization. Data can be a very valuable commodity, but once it has been published
`
`25
`
`on the intemet it is difficult to police access to and use of it by intemet users who may not even
`
`realize that it is pirated. This is a particular problem with audio recordings, and, once the
`
`bandwidth becomes available, is also likely to be evident with video.
`
`[0004]
`
`Over the past three or four years compressed audio sources have become increasingly
`
`widely available on web pages. One widely used audio data compression format is MP3 (MPEG
`
`Page00006
`
`Page 00006
`
`

`
`- Audio Layer 3 of the MPEG1 compression algorithm), which is an internationally defined
`
`standard including a definition of compressed audio information such as speech or music. It
`
`relies on psycho—acoustic properties of human hearing to achieve very large data compression
`
`factors. It is thus feasible to download usefully long passages of music in a practically
`
`convenient short time. Pirate data suppliers have not been slow to realize the potential of this,
`
`and many unauthorized websites have sprung up offering popular music, including recent
`
`releases by world—famous bands. This has caused the recording industry considerable concern
`
`and there is an urgent need to find a way to address the problem of data piracy.
`
`SUMMARY OF THE INVENTION
`
`10
`
`[0005] According to the present invention there is therefore provided a method of providing
`
`portable data comprising providing a portable data storage device comprising downloaded data
`
`storage means and payment validation means; providing a terminal for internet access; coupling
`
`the portable data storage device to the terminal; reading payment information from the payment
`
`validation means using the terminal; validating the payment information; and downloading data
`
`15
`
`into the portable storage device from a data supplier.
`
`[0006]
`
`Another aspect of the invention provides a corresponding mobile data retrieval device
`
`for retrieving and outputting data such as stored music and/or noise from the data storage device.
`
`[0007]
`
`The payment validation means is, for example, means to validate payment with an
`
`external authority such as a bank or building society. The combination of the payment validation
`
`20
`
`means with the data storage means allows the access to the downloaded data which is to be
`
`stored by the data storage means, to be made conditional upon checked and validated payment
`
`being made for the data. Binding the data access and payment together allows the legitimate
`
`owners of the data to make the data available themselves over the internet without fear of loss of
`
`revenue, thus undermining the position of data pirates.
`
`25
`
`30
`
`[0008]
`
`A further advantage of the system is that it allows users under the age of 18 to make
`
`internet purchases. Currently internet users pay for goods and/or services by credit card. Since
`
`credit cards cannot legitimately be used by persons under the age of 18 (at least in the UK), a
`
`significant fraction of adventurous internet users are excluded from e-commerce, one of the most
`
`significant predicted uses of the internet. In one embodiment of the invention, however, the
`
`payment validation means comprises e—cash; that is, the payment validation means stores
`
`transaction value information on a cash value of transactions validatable by the data storage
`
`2
`
`Page00007
`
`Page 00007
`
`

`
`means. In simple terms, the data storage means can be a card which is charged up to a desired
`
`cash value (if necessary limited to a maximum value) at a suitable terminal. This might be an
`
`internet access terminal but could, more simply, be a device to accept the data storage card and
`
`to receive and count money deposited by the user to charge the card, writing update cash value
`
`information onto the card. More sophisticated ways of updating the cash value on the card are
`
`also possible, such as direct bank transfer. Since, with this type of embodiment, the data storage
`
`means is, essentially, precharged with cash rather than acting as a credit card, it can be used by
`
`young people without the risk of their incurring large debts.
`
`[0009]
`
`In one embodiment the data storage means is powered by the retrieval device when it is
`
`10
`
`connected to the device and retains a memory of the downloaded data when it is unpowered.
`
`This can be achieved by the use of Flash RAM or, more generally, any form of programmable
`
`read-only memory. Alternatively the data storage means may incorporate a rechargeable cell or
`
`capacitor and store information in battery backed-up static RAM.
`
`[0010]
`
`The downloaded data may be entered into the data storage device by means of an
`
`15
`
`interface such as a magnetically or capacitatively coupled connection or an optical connection,
`
`but preferably the interface comprises contacts for direct electrical connection to the storage
`
`means. The payment validation means may likewise have one of a variety of interfaces but again
`
`preferably comprises a set of electrical contacts. The payment validation means could, however,
`
`comprise a magnetic or holographic data—strip such as is known for use with credit cards and
`
`20
`
`phone cards. The interface to receive the downloaded data may be separate from the interface to
`
`the payment validation means, to facilitate separate and simultaneous access to both these
`
`systems. In other embodiments a single interface may serve for both data storage and payment.
`
`L Advantageously the payment validation means includes memory storing information to identify
`
`the person who is paying for the downloaded data.
`
`25
`
`[001 lv]
`
`For additional security the downloaded data may be encrypted. In this case data
`
`decryption may be necessary at some stage, either in the data storage means or in the retrieval
`
`device or in an information delivering apparatus such as a data access terminal. Alternatively the
`
`data decryption function can be shared amongst one or more of these devices. The skilled person
`
`will be aware of a range of suitable encryption/decryption techniques, including Pretty Good
`
`30
`
`Privacy (Registered Trade Mark) and PKI (Public Key Infrastructure). Normally, when the
`
`downloaded data is encrypted, a decryption key must be supplied. This can be generated
`
`Page00008
`
`Page 00008
`
`

`
`automatically by the data access terminal or data access service provider or it can be entered by
`
`the user into the data access terminal or into the mobile data retrieval device.
`
`[0012]
`
`The data storage means and/or the retrieval device can be provided with access control
`
`means to prevent unauthorized access to the downloaded data. Additionally or alternatively, use
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`control means can be provided to stop or provide only limited access of the user to the
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`downloaded data in accordance with the amount paid. These access and use control functions
`
`may in some embodiments be combined, permitted use controlling access or permitted access
`
`controlling use. Thus, for example, a complete set of data information relating to a particular
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`topic, a particular music track, or a particular software package might be downloaded, although
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`access to part of the data set might thereafter be controlled by payments made by a user at a later
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`stage. In this way, a user could pay to enable an extra level on a game or to enable further tracks
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`of an album.
`
`[0013]
`
`In embodiments where the access or use control means is responsive to the payment
`
`validation means, access or use control information may be stored with the downloaded data or
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`15
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`in a separate storage area, for example in the payment validation means. The user’s access to the
`
`downloaded data could advantageously be responsive to the payment validation means, for
`
`example, by means of a control line coupling the payment validation means with a memory
`
`access or decryption control element.
`
`[0014]
`
`In one embodiment the data storage means comprises an electronic memory card or
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`20
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`smart card and the mobile data retrieval device is provided with a slot to receive the card.
`
`Preferably the card is a push-fit within the retrieval device, and retention of the card may be
`
`effected by pressure from electrical interface connections and/or resilience of the housing, or by
`
`using a resilient retaining means. In a preferred embodiment the retrieval device includes an
`
`audio output and a display, to play a downloaded track and to show information about the track
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`and/or an accompanying video.
`
`[0015]
`
`To download data onto the data storage means the user can employ a data access
`
`terminal coupled to the internet. The terminal can directly validate payment; for example in the
`
`case of a smart card charged with electronic cash it can deduct a cash value from the card.
`
`Alternatively it can communicate with a bank or other financial services provider to control
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`payment. In a preferred embodiment, however, the terminal connects to a data access service
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`provider which provides a portal to other sites and which validates payment and then forwards
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`data from a data supplier to the user’s local access terminal. The data access service provider
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`may alternatively forward payment validation information and/or information from the payment
`
`validation authority to the data supplier for control by the supplier of the data supplied. Thus,
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`access to the payment validation system and/or data for downloading may be entirely controlled
`
`by the data supplier.
`
`[0016]
`
`Data held on the data storage means may advantageously include data relating to the
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`user’s or payer’s usage of the system. This information may include, for example, information
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`on a user’s spending pattern, information on data suppliers used and information on the
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`downloaded data. This information may be accessed by the data supplier and/or data access
`
`service provider and can be used for targeted marketing or loyalty—based incentive schemes such
`
`as air miles or the like.
`
`[0017]
`
`The data access terminal may be a conventional computer or, alternatively, it may be a
`
`mobile phone. Wireless Application Protocol (WAP) and i-mode allow mobile phones to
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`efficiently access the intemet and this allows a mobile phone to be used to download data to the
`
`data storage means, advantageously, directly. The data storage means can, if desired, incorporate
`
`the functionality of a mobile phone SIM (Subscriber Identity Module) card, which cards already
`
`include a user identification means, to allow user billing through the phone network operator.
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`10
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`15
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`[0018]
`
`In a preferred embodiment the downloaded data is MP3 or other encoded audio data,
`
`but the system finds more general application for other data types. For example, download data
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`20
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`can include software, and particularly games, share price information, current news information,
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`transport timetable information, weather information and catalog shopping information. The
`
`downloaded information may also include compressed video data. The storage capacity of the
`
`data storage means is adaptable to suit the type of data intended to be downloaded; for example,
`
`32 megabytes is sufficient for CD quality music, but for video it is preferable that the data
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`storage means has a capacity of 128 megabytes or greater.
`
`[0019]
`
`In another aspect, the invention provides a portable data carrier comprising an interface
`
`for reading and writing data from and to the carrier; non—volatile data memory, coupled to the
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`interface, for storing data on the carrier; non-volatile payment data memory, coupled to the
`
`interface, for providing payment data to an external device.
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`[0020]
`
`These features allow the data carrier to store both payment data and content data, thus
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`providing the advantages outlined above. Depending upon the payment system used, the
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`payment data memory may also store code for validating or confirming a payment to an external
`
`payment system. The payment data will normally be linked to a card or card holder
`
`identification data for payment by the card holder. The non—volatile memory ensures that stored
`
`content and payment data is retained in the data carrier when the data carrier is not receiving
`
`power from an external source. Thus "non—volatile" encompasses, for example, low-power
`
`memory whose contents are retained by a battery back-up system. In one embodiment the
`
`payment data memory comprises EEPROM and the content data memory comprises Flash
`
`memory, but other types of content data memory, such as optical, for example, holographic, data
`
`memory can also be used. The data carrier may also be integrated into other apparatus, such as a
`
`mobile communications device.
`
`[0021]
`
`Preferably, the portable data carrier further comprises a program store for storing code
`
`implementable by a processor; and a processor, coupled to the content data memory, the payment
`
`data memory, the interface and to the program store for implementing code in the program store,
`
`wherein the code comprises code to output payment data from the payment data memory to the
`
`interface and code to provide external access to the data memory.
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`10
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`15
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`[0022]
`
`Normally, the (content) data memory allows both write and read access for both storing
`
`and retrieving data, but in some embodiments the content data memory may be read—only
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`20
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`memory (ROM). In such embodiments, content may be pre-loaded onto the carrier and payment
`
`may then be made for permission to access the pre—1oaded data.
`
`[0023]
`
`Preferably, the data carrier also stores a record of access made to the content data and
`
`updates this in response to external access, preferably read access, made to the data memory.
`
`The carrier may also store content use rules pertaining to allowed use of stored data items. These
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`25
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`» use rules may be linked to payments made from the card to provide payment options such as
`
`access to buy content data outright; rental access to content data for a time period or for a
`
`specified number of access events; and/or rental/purchase, for example where rental use is
`
`provided together with an option to purchase content data at the reduced price after rental access
`
`has expired.
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`30
`
`[0024]
`
`Thus where the data carrier stores, for example, music, the purchase outright option
`
`may be equivalent to the purchase of a compact disc (CD), preferably with some form of content
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`copy protection such as digital watermarking. In this example, the rental or subscription
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`payment option may be a pay-per-play option, and with this option payment may either be before
`
`or after access to the stored data so that the carrier may operate in either a debit or credit
`
`payment mode.
`
`[0025]
`
`The portability of the data carrier potentially allows it to be used to access content or, in
`
`the example, play music without the need to be linked to a communications system or to be on-
`
`line to the intemet. By providing a use record memory on the data carrier, use of the stored data
`
`can be tracked while off-line and then any necessary payment can be made when the data carrier
`
`is next coupled to a communication system. This allows the data carrier to operate in a credit
`
`mode. In a debit mode, the additional storage of use rules facilitates the regulation of access to
`
`content data stored on the carrier without the need for further exchange of payment/use data with
`
`an external system to validate the use.
`
`[0026]
`
`By combining digital rights management with content data storage using a single
`
`carrier, the stored content data becomes mobile and can be accessed anywhere while retaining
`
`control over the stored data for the data content provider or data copyright owner. Preferably,
`
`the data carrier also stores access control data, such as a user ID and a password, as the stored
`
`data may be Valuable. The access control data may be combined with access control to the
`
`payment data, which is typically by means of a PIN (Personal Identification Number) to simplify
`
`access to valued content stored on the carrier.
`
`[0027]
`
`In one embodiment the stored content data is encrypted and a unique password or PIN
`
`and/or biometric data is required for decryption. The data carrier may be arranged so that the
`
`content is erased after a predetermined number of incorrect access attempts. Additionally or
`
`alternatively, a permanently stored flag may be set and/or a hardware modification (such as a
`
`.
`
`fusable link) may be made to prevent the data carrier from functioning for further data
`
`storage/retrieval. Preferably, however, access to any stored value/payment data is nevertheless
`
`retained.
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`10
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`15
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`20
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`25
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`[0023]
`
`Supplementary data may also be stored on the carrier in association with stored content
`
`data. This supplementary data may comprise customer reward management data and/or
`
`advertising data. The supplementary data may comprise a pointer to an external data source
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`30
`
`from which data is downloaded either to the data carrier or to a data access device or content
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`player, so that advertising or other data can be displayed when reviewing or accessing the stored
`
`content.
`
`[0029]
`
`Additional data security and/or a mechanism for rewarding operators at different levels
`
`in the data supply chain may be provided using a content synthesis function. The content
`
`synthesis function combines partial content information from two or more sources to provide
`
`content data items for storage and/or output. Thus, for example, a first percentage of a content
`
`data item could be provided by a content retailer,while a remaining percentage could be
`provided by an on—line data supplier. This would provide an incentive for a user to register with
`
`a content retailer or distributor as well as with an on-line system owner and so could encourage
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`10
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`the use of existing retailers and could provide a mechanism for paying commission to such
`
`retailers. The two portions of data combined to provide a content data item could comprise
`
`encryption data and a key but preferably comprise separate parts of a complete data item, for
`
`example, least significant bits and most significant bits or high frequencies and low frequencies
`
`(for audio). This arrangement also facilitates customer reward and loyalty management.
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`15
`
`[0030]
`
`In one embodiment the data carrier further comprises memory for storing data for
`
`accessing a mobile communications network, for example to receive content data over the
`
`network. For such an embodiment, the data carrier may replace a SIM (Subscriber Identity
`
`Module) card in a mobile communications device, thus providing a single card for both network
`
`access and valued content retrieval and storage. Additionally or alternatively the card may also
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`20
`
`store the web address of a data supplier from whom data may be downloaded onto the carrier.
`
`[0031]
`
`The data memory for storing content data may be optic, magnetic or semiconductor
`
`memory, but preferably comprises Flash memory. Preferably, the data memory has a large
`
`capacity for storing large data files such as compressed video data. Preferably, the data memory
`is partitioned for lock access, that is, for read and/or write access to blocks of, for example, 1K,
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`25
`
`4K, 16K or 64K databytes for faster data access, particularly where the stored content data will
`
`normally be accessed serially, as is normally the case with audio and video data. Preferably the
`
`card is configured as an IC card or smart card and has a credit card-type format, although other
`
`formats such as the "me