O.Ld'S'I’1VZZLL
`
`UTILITY
`
`PATENT APPLICATION
`
`TRANSM|TTAL-
`
`Title
`
`
`
`
`
`(Only for new nanprovisional applications under 37 CFR 1.53(b))
`
`
`
`
`
`
`PTO/SBl05 (05—05)
`
`
`
`080379-000100US
`Hulst, Hermen-ard
`DATA STORAGE AND ACCESS
`SYSTEMS
`Ev383391s36 Us
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`O
`. ..
`
`
`
`
`
`
`1. E Fee Transmittal Form (e.g., PTO/SB/17)
`
`(Submit an original and a duplicate for fee processing)
`2. E Applicant claims small entity status.
`See 37 CFR 1.27.
`
`
`
`
`9. E Assignment Papers (cover sheet 8. document(s))
`
` Name of Assignee Smart-Flash Limited
`
`
`37 CFR 3.73(b) Statement
`D Power of I
`
`
`(when there is an assignee)
`Attorney
`
`
`English Translation Document (if applicable)
`
`
`
`
`
`
`
`Information Disclosure Statement (PTO/SB/08 or PTO-1449)
`
`® Copies of foreign patent documents.
`publications. & other information
`
`
`
`Preliminary Amendment
`
`]
`61
`[Total Pages
`3. E Specification
`Both the claims and abstract must start on a new page
`(For infonnation on the preferred arrangement, see MPEP 608.01(a))
`
`,
`
`17
`
`1
`
`[TotalSheets
`4.|Z| Drawing(s)(35U.S.C.113)
`[Total Sheets
`5. Oath or Declaration
`'
`a. E] Newly executed (original or copy)
`b. IX A copy from a prior application (37 CFR 1.63 (d))
`(for a continuation/divisional with Box 18 completed)
`i. D DELETION OF INVENTORtS)
`Signed statement attached deleting inventor(s)
`named in the prior application. see 37 CFR
`1.63(d)(2) and 1.33(b).
`
`2
`
`6. E Application Data Sheet. See 37 CFR 1.76
`
`
`
`
`Return Receipt Postcard (MPEP 503)
`(Should be specifically itemized)
`
`Certified Copy of Priority Document(s)
`(if foreign priority is claimed)
`
`
`
`
`
`
`
`7. E] CD-ROM'or CD-R in duplicate, large table or
`Computer Program (Appendix)
`D Landscape Table on CD
`8. Nucleotide and/or Amino Acid Sequence Submission
`(if applicable, items a. - c. are required)
`a. Computer Readable Fonn (CRF)
`i. C] Computer Readable Fonn (CRF)
`ii. El Transfer Request (37 CFR 1.821(e))
`
`
`
`
`b. Specification Sequence Listing on:
` 17. D Other:
`
`i. 1:] CD-ROM or CD-R (2 copies); or
`
`ii. El Paper
`
`
`c. D Statements verifying identity of above copies
`18. If a CONTINUING 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:
`
`16. E] Nonpublication Request under 35 U.S.C. 122 (b)(2)(B)(i).
`Applicant must attach form PTOlSBl35 or its equivalent.
`
`
`
`
`E] Divisional
`X Continuation
`D Continuation-in-part (CIP)
`of prior application No:
`
`Art Unit.’ 2876
`Examiner S. Paik
` Prior application information:
`
`19. CORRESPONDENCE ADDRESS
`
`
`
`10/111716
`
` ,
`
`I3 The address associated with Customer Number:
`
`OR I: Correspondence address below
`
`Zip Code ——
`j@
`--/fl—
`y
`
`
`
`Registration No.
`Anome /Aem
`
`O1/19/O6
`
`Signature
`
`.
`Kevin T. LeMond
`
`60682954 v1
`
`Apple Exhibit 1005
`
`Page 00001
`
`Apple Exhibit 1005
` Page 00001
`
`

`
`Effective on 12/08/2004.
`Fees pursuant to the Consolidated Appropriations Act, 2005 (H.R. 4818).
`
`FEE TRANSMITTAL
`For FY 2006
`
`METHOD OF PAYMENT check all that a I
`
`(5) 2950
`
`Com 0 Iete if Known
`
`' PTO/SB/17 (1204)
`
`First Named Inventor Hulst, Hermen-ard
`_
`E“"""e'Na'"e
`Art Unit
`Attorney Docket No.
`
`080379-000100US
`
`[:1 None El Other (please identify):
`D Check El Credit Card El Money Order
`% Deposit Account Deposit AccountNumber: 20.1430
`Deposit Account Name: Townsend and Townsend and Crew LLP
`For the above-identified deposit account. the Director is hereby authorized to: (check all that apply)
`
`IXI Charge fee(s) indicated below
`Charge any additional fee(s) or underpayments of fee(s)
`XI Credit any overpayments
`under 37 CFR 1.16 and 1.17
`WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card
`information and authorization on PTO-2038
`
`D Charge fee(s) indicated below, except for the filing fee
`
`FEE CALCULATION
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`FILING FEES
`SEARCH FEES
`Small Entity
`Small Entity
`Fee (§)_ Fee (§)
`Fee (§) Fee (§)
`
`Application Type
`
`EXAMINATION FEES
`Small Entig
`Fee (§) Fee (§)
`
`Utility
`
`Design
`Plant
`Reissue
`
`Provisional
`
`300
`
`200.
`200
`300
`
`200
`
`150
`
`I00
`I00
`150
`
`100
`
`‘
`
`500
`
`I00
`300
`500
`
`0
`
`250
`
`50
`150
`250
`
`0
`
`100
`
`65
`80
`
`200
`
`I30
`I 60
`600
`
`O
`
`‘Fees Paid t§)
`
`500
`
`.
`
`‘
`
`Small Entity
`2. EXCESS CLAIM FEES
`Fee (§) Fee (§)
`Fee Description
`50
`25
`Each claim over 20 or, for Reissues, each claim over 20 and more than in the original patent
`Each independent claim over 3 or, for Reissues, each independent claim more than in the original patent 200
`100
`Multiple dependent claims
`‘
`360
`180
`Fee (§)
`Total Claims
`Extra Claims
`Fee Paid (§1
`$25
`x
`-20 or HP =
`74
`54
`$1.350
`HP = highest number of total claims paid for. if greater than 20
`Indep. Claims
`Extra Claims
`' Fee (§)
`x
`-3orHP=
`14
`11
`$100
`HP = highest number of independent claims paid for, if greater than 3
`3. APPLICATION SIZE FEE
`
`-
`
`Multiple Dependent Claims
`Fee (§)
`Fee Paid (§)_
`
`Fee Paid (§)
`$1,100
`
`_
`
`if the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small entity)
`for each additional 50 sheets or fraction thereof. See 35 U.S.C. 4l(a)(l)(G) and 37 CFR 1.l6(s).
`Total Sheets
`Extra Sheets
`Number of each additional 50 or fraction thereof
`Fee
`(round up to a whole number)
`x
`
`- 100 =
`
`I 50 =
`
`Fee Paid (§)
`
`4. OTHER FEE(S)
`
`Fees Paid (§)
`
`Non-English Specification,
`
`$130 fee (no small entity discount)
`
`Other:
`
`I
`
`“3'“'"E° BY l
`
`K’-‘T
`
`Name (Print/Type) Kevin T. LeMond
`
`60683003 v1
`
`
`
`-,-,-uer.-pr-._c:-wiry
`
`Date
`
`01/19/06
`
`Page 00002
`
`Page 00002
`
`

`
`
`
`
`
`O.Ld'S'I’1VZZLL
`
`UTILITY
`
`PATENT APPLICATION
`
`TRANSM|TTAL-
`
`Title
`
`
`
`
`
`(Only for new nanprovisional applications under 37 CFR 1.53(b))
`
`
`
`
`
`
`PTO/SBl05 (05—05)
`
`
`
`080379-000100US
`Hulst, Hermen-ard
`DATA STORAGE AND ACCESS
`SYSTEMS
`Ev383391s36 Us
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`O
`. ..
`
`
`
`
`
`
`1. E Fee Transmittal Form (e.g., PTO/SB/17)
`
`(Submit an original and a duplicate for fee processing)
`2. E Applicant claims small entity status.
`See 37 CFR 1.27.
`
`
`
`
`9. E Assignment Papers (cover sheet 8. document(s))
`
` Name of Assignee Smart-Flash Limited
`
`
`37 CFR 3.73(b) Statement
`D Power of I
`
`
`(when there is an assignee)
`Attorney
`
`
`English Translation Document (if applicable)
`
`
`
`
`
`
`
`Information Disclosure Statement (PTO/SB/08 or PTO-1449)
`
`® Copies of foreign patent documents.
`publications. & other information
`
`
`
`Preliminary Amendment
`
`]
`61
`[Total Pages
`3. E Specification
`Both the claims and abstract must start on a new page
`(For infonnation on the preferred arrangement, see MPEP 608.01(a))
`
`,
`
`17
`
`1
`
`[TotalSheets
`4.|Z| Drawing(s)(35U.S.C.113)
`[Total Sheets
`5. Oath or Declaration
`'
`a. E] Newly executed (original or copy)
`b. IX A copy from a prior application (37 CFR 1.63 (d))
`(for a continuation/divisional with Box 18 completed)
`i. D DELETION OF INVENTORtS)
`Signed statement attached deleting inventor(s)
`named in the prior application. see 37 CFR
`1.63(d)(2) and 1.33(b).
`
`2
`
`6. E Application Data Sheet. See 37 CFR 1.76
`
`
`
`
`Return Receipt Postcard (MPEP 503)
`(Should be specifically itemized)
`
`Certified Copy of Priority Document(s)
`(if foreign priority is claimed)
`
`
`
`
`
`
`
`7. E] CD-ROM'or CD-R in duplicate, large table or
`Computer Program (Appendix)
`D Landscape Table on CD
`8. Nucleotide and/or Amino Acid Sequence Submission
`(if applicable, items a. - c. are required)
`a. Computer Readable Fonn (CRF)
`i. C] Computer Readable Fonn (CRF)
`ii. El Transfer Request (37 CFR 1.821(e))
`
`
`
`
`b. Specification Sequence Listing on:
` 17. D Other:
`
`i. 1:] CD-ROM or CD-R (2 copies); or
`
`ii. El Paper
`
`
`c. D Statements verifying identity of above copies
`18. If a CONTINUING 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:
`
`16. E] Nonpublication Request under 35 U.S.C. 122 (b)(2)(B)(i).
`Applicant must attach form PTOlSBl35 or its equivalent.
`
`
`
`
`E] Divisional
`X Continuation
`D Continuation-in-part (CIP)
`of prior application No:
`
`Art Unit.’ 2876
`Examiner S. Paik
` Prior application information:
`
`19. CORRESPONDENCE ADDRESS
`
`
`
`10/111716
`
` ,
`
`I3 The address associated with Customer Number:
`
`OR I: Correspondence address below
`
`Zip Code ——
`j@
`--/fl—
`y
`
`
`
`Registration No.
`Attome /Aem
`
`01/19/06
`
`Signature
`
`.
`Kevin T. LeMond
`
`60682954 v1
`
`Page 00003
`
`Page 00003
`
`

`
`Effective on 12/08/2004.
`Fees pursuant to the Consolidated Appropriations Act, 2005 (H.R. 4818).
`
`FEE TRANSMITTAL
`For FY 2006
`
`METHOD OF PAYMENT check all that a I
`
`(5) 2950
`
`Com 0 Iete if Known
`
`' PTO/SB/17 (1204)
`
`First Named Inventor Hulst, Hermen-ard
`_
`E“"""e'Na'"e
`Art Unit
`Attorney Docket No.
`
`080379-000100US
`
`[:1 None El Other (please identify):
`D Check El Credit Card El Money Order
`% Deposit Account Deposit AccountNumber: 20.1430
`Deposit Account Name: Townsend and Townsend and Crew LLP
`For the above-identified deposit account. the Director is hereby authorized to: (check all that apply)
`
`IXI Charge fee(s) indicated below
`Charge any additional fee(s) or underpayments of fee(s)
`XI Credit any overpayments
`under 37 CFR 1.16 and 1.17
`WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card
`information and authorization on PTO-2038
`
`D Charge fee(s) indicated below, except for the filing fee
`
`FEE CALCULATION
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`FILING FEES
`SEARCH FEES
`Small Entity
`Small Entity
`Fee (§)_ Fee (§)
`Fee (§) Fee (§)
`
`Application Type
`
`EXAMINATION FEES
`Small Entig
`Fee (§) Fee (§)
`
`Utility
`
`Design
`Plant
`Reissue
`
`Provisional
`
`300
`
`200.
`200
`300
`
`200
`
`150
`
`I00
`I00
`150
`
`100
`
`‘
`
`500
`
`I00
`300
`500
`
`0
`
`250
`
`50
`150
`250
`
`0
`
`100
`
`65
`80
`
`200
`
`I30
`I 60
`600
`
`O
`
`‘Fees Paid t§)
`
`500
`
`.
`
`‘
`
`Small Entity
`2. EXCESS CLAIM FEES
`Fee (§) Fee (§)
`Fee Description
`50
`25
`Each claim over 20 or, for Reissues, each claim over 20 and more than in the original patent
`Each independent claim over 3 or, for Reissues, each independent claim more than in the original patent 200
`100
`Multiple dependent claims
`‘
`360
`180
`Fee (§)
`Total Claims
`Extra Claims
`Fee Paid (§1
`$25
`x
`-20 or HP =
`74
`54
`$1.350
`HP = highest number of total claims paid for. if greater than 20
`Indep. Claims
`Extra Claims
`' Fee (§)
`x
`-3orHP=
`14
`11
`$100
`HP = highest number of independent claims paid for, if greater than 3
`3. APPLICATION SIZE FEE
`
`-
`
`Multiple Dependent Claims
`Fee (§)
`Fee Paid (§)_
`
`Fee Paid (§)
`$1,100
`
`_
`
`if the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small entity)
`for each additional 50 sheets or fraction thereof. See 35 U.S.C. 4l(a)(l)(G) and 37 CFR 1.l6(s).
`Total Sheets
`Extra Sheets
`Number of each additional 50 or fraction thereof
`Fee
`(round up to a whole number)
`x
`
`- 100 =
`
`I 50 =
`
`Fee Paid (§)
`
`4. OTHER FEE(S)
`
`Fees Paid (§)
`
`Non-English Specification,
`
`$130 fee (no small entity discount)
`
`Other:
`
`I
`
`“3'“'"E° BY l
`
`K’-‘T
`
`Name (Print/Type) Kevin T. LeMond
`
`60683003 v1
`
`
`
`-,-,-uer.-pr-._c:-wiry
`
`Date
`
`01/19/06
`
`Page 00004
`
`Page 00004
`
`

`
`wo 01/31599
`
`_
`
`‘
`
`PCT/CB00/04110
`
`DATA STORAGE AND ACCESS SYSTEMS
`
`This invention‘ is generally concerned with data storage and access systems. More '
`
`particularly, it relates to a portabledata 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 games, as well as other types of data.
`
`Once problem associated with the increasingly wide use of the intemet is the growing ’
`
`prevalence of so-called data pirates. Such pirates obtain data either by unauthorised or
`
`legitimate means and then make this data available essentially world-wide over the
`
`intemet without authorisation. Data can be a very valuable commodity, but once it has
`
`been published on the Internet it is difficult to police access to and use of it by Internet
`
`\ users who may not even realise 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.
`
`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
`(MPEG3) which is an internationally definedhstandard including a definition of
`
`compressed audio information such, as speech orrmusic. 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 realise the potential of this and many
`unauthorised 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.
`
`SUBSTITUTE SHEET (RULE 26)
`
`BEST AvAtLABLgaQ9m
`
`Page 00005
`
`

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`~..._.
`
`W0 01/31599
`
`.
`
`"pct/G300/04110
`
`The invention described below addresses this and related problems.
`
`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
`
`intemet access; coupling the portable data storage device to the terminal; reading
`
`payment information from the payment validation means using the terminal; validating
`the paymentinformation; and downloading data into the portable storage devicefrom a
`
`data ‘supplier.
`
`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.
`
`The payment validation means is, for example, means to validate payment with an
`external authority such as a bank or building society. The combination ofthe payment
`validation 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 intemet without fear of loss of revenue, thus undermining the position of data
`
`pirates.
`
`A further advantage of the system is that it allows users under the age of 18 to make
`
`intemet purchases. Currently intemet users pay for goods and/or services by credit card.
`Since credit cards cannot be legitimately be used by persons under the age of 18 (at least
`in the UK), a significant fraction of adventurous intemet users are excluded from e-
`I
`commerce, one of the most significant predicted uses of the intemet. 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
`
`Page 00006
`
`Page 00006
`
`

`
`W0 01/31599
`
`'
`
`‘ PCT/GB00/04110
`
`3
`
`value of transactions validatable by the ‘data storage means. In simple terms, the data
`
`I 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 infonnation 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.
`\
`
`In one embodiment the data storage means is powered by the retrieval device when it is
`
`connected to the device and retains a memory of the downloaded data whenit is
`
`unpowered. This can be achieved by the use of Flash RAM or, more generally, any
`form ofprogrammable read-only memory. Alternatively the data storage means may '
`incorporate a rechargeable cell or capacitor and store information in battery backed-up
`
`‘static RAM.
`
`The downloaded data maybe entered into the data storage device by meansvof an
`
`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 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.
`
`Advantageously the payment validation means includes a memory storing infomtation
`
`to identify the person who is paying for the downloaded data.
`
`.
`
`Page 00007
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`Page 00007
`
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`
`W0 01/31599
`
`PCTIGBOO/04110
`
`4
`
`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 tenninal.
`Alternatively the data decryption function can be shared amongst one or more of these
`devices. The skilled person will be aware ofa range of suitable encryption/decryption
`techniques including Pretty Good Privacy (Registered Trade Mark) and PK] (Public Key
`
`Infrastructure). Normally when the downloaded data is encrypted adecryption key must
`
`be supplied. This can be generated 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.‘
`
`The data storage means and/or the retrieval device can be provided with access control
`
`means to prevent unauthorised access to the downloaded data. Additionally or
`
`alternatively, use control means can be provided to stop or provide only limited access
`
`of the user to the 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 topic, a particular music track, or a
`particular software package might be downloaded, although access to part of the data set .
`
`might thereafier be controlled by payments made by a user at a later stage. In this way, a _
`user could pay to enable an extra level on a game or to enable further tracks of an
`
`album.
`
`In embodiments where the access oruse control means is responsive to the payment
`
`validation means, access or use control information may be stored with the downloaded
`
`data or 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.
`
`Page 00003
`
`Page 00008
`
`

`
`W0 01/3l599
`
`‘
`
`PCT/GB00/04110
`
`5
`
`ln one embodiment the data storage means comprises an electronic memory card or
`
`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 maybe 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
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`retrievalldevice includes an audio output and a display, to play a downloaded track and
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`to show information about the track and/or an accompanying video.
`
`To download data onto the data storage means the user can employ a data access
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`terminal coupled to the intemet. The tenninal 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 payment.
`
`in a preferred embodiment, however, the terminal
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`connects to a data access service provider which provides a portal to other sites and
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`which validates payment and then forwards data from a data supplier to the user's local
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`access terminal. The data access service provider 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, access to the
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`payment validation system and/or data for downloading may be entirely controlled by
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`the data supplier.
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`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,
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`information on a user's spending pattern, infomtation on data suppliers used and
`information on the downloaded data. This information may be accessed by the data
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`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.
`,
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`The data access terminal may be a conventional computer or, alternatively, it may be a
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`mobile phone. Wireless Application Protocol (WAP) and i-mode allow mobile phones
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`to efficiently access the intcmet and this allows a mobile phone to be used to download
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`data to the data storage means, advantageously, directly. The data storage means can,.if
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`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.
`
`In 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
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`data can include software, and particularly games, share price information, current news
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`‘
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`information, transport timetable infonnation, weather information and catalogue
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`shopping information. The downloaded information may also include compressed
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`video data. The storage capacity of the data storage means is adaptable to suit the type
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`of data intended to be downloaded - for example, 32 megabytes is sufiicient for CD-
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`quality music, but for video it is preferable that the data storage means has a capacity of
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`128 megabytes or greater.
`
`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 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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`These features allow the data carrier to store both payment data and content data thus
`I providing the advantages outlined above. Depending upon the payment system used,
`the payment data memory may also store code for validating or confirming a payment to
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`‘
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`an external payment system. The payment data will normally be linked to card or card
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`holder identification data for payment by the card holder. The non-volatile memory
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`ensures that stored content and payment data is retained in the data carrier when the data
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`carrier is not receiving power from an extemal 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
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`memory, such as optical, for example, holographic, data memory can also be used. The
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`data carrier may also be integrated into other apparatus, such as a mobile
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`communications device.
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`Preferably, the portable data carrier further comprises a program store storing code
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`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
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`memory.
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`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 memory. In such embodiments, content may be pre-loaded onto the carrier and
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`payment may then be made for permission to access the pre-loaded data.
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`' Preferably, the data carrier also stores a record of access made to the content data and
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`. updates this in response to external access, preferably read access, made to. the data
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`memory. The carrier may also store content .use rules pertaining to allowed use of
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`stored data items. These use rules may be linked to payments made from the card to-
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`provide payment options such as access to buy content data outright; rental access to
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`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.
`
`Thus where the data carrier stores, for example, music the purchase outright option may
`V be equivalent to the purchase ofa compact disc (CD), preferably with some form of
`content copy protection such as digital watennarking. In this example, the rental or -
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`‘
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`subscription payment option may be a pay-per-play option, and with this option payment
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`may either be before or after access to the stored data so that the carrier may operate in
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`either a debit or credit payment mode.
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`The portability of the data carrier potentially allows it to be used to access content or, in
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`the example, play music without the need to be linked to a communications system or to _
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`be on-line to the intemet. By providing a use record memory on the data carrier, use of ,
`
`the stored data can be tracked whilst ofi‘-line and then any necessary payment can be
`
`made when the data can'ier 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
`USC.
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`By combining digital rights management with content data storage using a single carrier
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`the stored content data becomes mobile and can be accessed anywhere whilst retaining
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`control over the stored data for the data content provider or data copyright owner.
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`Preferably, the data carrier also stores access control data, such as a user ID and a
`
`password, as the stored data maybe 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.
`
`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 alter 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
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`value/payment data is nevertheless retained.
`
`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 from which data is downloaded either to the data carrier or to a data access
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`device or content player, so that advertising or other data can be displayed when
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`reviewing or accessing the stored content.
`
`Additional data security and/or a mechanism for rewarding operators atidifierent 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 whilst a
`
`remaining percentage could be provided by an on-line data supplier. This would
`provide an incentive for a user to register with alcontent retailer or distributor as well as
`
`with an on-line scheme owner and so could encourage 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 dataand 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.
`
`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 store the web address of a data supplier from whom data
`
`may be downloaded onto the carrier.
`
`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
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`of, for example, 1K, 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
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`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 "memory stick" format
`
`may also be used. This provides a small and convenient portable fonnat and facilitates
`
`removable interfacing witha variety of devices.
`
`The invention also provides a related method of controlling access to data on a data
`
`carrier, the data carrier comprising non-volatile data memory and non-volatile parameter
`memory storing use status data and
`rules, the method comprising receiving a data
`
`access request; reading the use status data and use rules from memory; and evaluating
`
`the use status data using the use rules to determine whether access to the stored data is
`
`permitted.
`
`According to another aspect of the invention, there is provided a computer system for
`
`providing data to a data requester, the system comprising a communication interface; a
`data access data store for storing records of data items available from the system, each
`
`record comprising a data item description and a pointer to a data provider for the data
`
`item; a program store storing code implementable by a processor; a processor