W093/11480
`
`PCT/ US92/ 10215
`
`7/9
`
`Em8Earn.
`
`oz_mzmo_._:5
`
`
`
`29.8on._._m<zm_
`
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`
`3U3STlTUTE SHEET
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4001
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4001
`
`
`
`

`
`W0 93/ I 1480
`
`PCFI US92/10215
`
`5:
`
`»E>oH.E9E5:wasw3e3
`
`3
`
`
`
`ozaza:2,59.
`
`me$50:Ema
`
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`
`
`
`mm»m>om<5:58
`
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`
`...
`
`sozzama
`
`3:
`
`SUBSTITUTE SHEET
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4002
`
`.3B5
`
`oza...Buzzmm22:me58EE2um_,E:m_Emmoofi<mgmg
`
`
`
`22N.2xmav$26:
`
`M26:<V653336
`
`._.m_._z_§29:
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4002
`
`
`
`
`

`
`W0 93/ 1 I480
`
`PCT/US92/10215
`
`9/9
`
`
`
`:2:was<ea...:53:
`
`5:3.8:
`
`SUBSTITUTE SHEET
`Petitioner Apple Inc. — Exhibit 1006, p. 4003
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4003
`
`

`
`1N'r1-:RNA'noNAL SEARCH REPORT
`International Appllaflon No
`
`PCT/Us
`
`92/10215
`
` l.CLASSIl-‘ICATION OI-‘SUBJECI M.A1'l1-1
`
`Aemrdingtoh!umdnnalPnentGuflfiadon.(fl’QutuhouNaflmal(hsifiafimnndlPC
`A Int.C1. 5 GO6F1/O0;
`GO6F11/34
`
`(ifseva-I.lehsflia1'nnsymhnls|pply.indiencI1l)5
`
`
`
`
`
`ll. FIELDS SEARG-[ED
`
`Classification Syslan
`
`
`
`
`Claslfiafinn Symbals
`
`
`
`
`
`
`Int.C1. 5
`
`G06F
`
`nnmunematlun Snnfiel ether than Minimum Documamxlnn
`to the Extent that sud Ileana: IN Included in the Fields Sandie!‘
`
`
`
`II]. DOCUMENTS CONSIDERED TO BE RELEVANT’
`
`
`
`Relevant to Claim No.13
`Category ‘'
`-Citafinn of Doeumaat, “ with indication, whee Ipplllprllte, of the relevant passages *1
`
`
`
`
`
`
`GB,A,2 236 604 (sun MICROSYSTEMS,
`INC.)
`10 April 1991
`
`A
`
`
`
`
`
`
`see page 9,
`line 11 - page 10,
`line 28
`
`
`see page 12,
`line 16 - page 13,
`line 13
`
`
`see page 14,
`line 20 - page 16,
`line 27
`see figures 1-3
`
`
`
`US,A,5 023 907 (APOLLO COMPUTER)
`11 June 1991
`
`
`
`
`
` see column 2,
`
`line 49 - column 5,
`see figures 1,2
`
`line 42
`
`
`
`
`
` °SpedalutegnrlesofdteddocmnaIls:1°
`
`'5' ';';'§:‘°t°§:in§f*::lg:=h':"::‘v:n";WmW1¢3I¢
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`'9' document
`laterthanlhe priuitydate dalmed
`
`
`
`
`
`
`
`'1'‘ but doamenl published after the lnternadnnal filing date
`or priority date and not in mnflict with the up licstiun but
`dledto ma-sun: the prindple unnan-y
`erlying the
`-3- “mma,,”,,uam,d,nnq,Mdumdln,mfinn
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`
`
`
`
`
`
`
`
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`
`Da!eaftheAelnnlCamplaiunafthelnteln1Iinnnl Sanh
`as FEBRUARY 1993
`
`
`
`
`
`lntemalinnal Sardtingunhorlv
`
`aunorauvratanrorncz
`
`S
`
`of Antlmizel Offieer
`
`JOHANSSON U.C.
`
`Pam PCl'fl5AlZ10(j mu] (Juicy IE
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4004
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4004
`
`

`
`
`
`PCT/US
`0
`
`92/10215
`-
`Rdennt to clan: No.
`
`mnmuunummm
`(CONTINUE FROM THE SECOND S131)
`III.D0 CONSIDEIE TO BE RELEVANT
`Category‘
`Clmiun ufnoau-nan. with inflation. whee appropriate. of11:: nlennt pangs:
`
`
`
`
`/4
`
`
`
`
`
`
`EP,A,0 332 304 (DIGITAL EQUIPMENT CORP.)
`13 September 1989
`see column 3,
`line 31 - column 6,
`see column 6,
`line 42 - column 7,
`see column 8,
`line 33 - column 9,
`see figure 1
`
`line 8
`line 23
`line 44
`
`run P¢‘.1'[lSAf2l0(mI shun) (In.-:7 II!)
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4005
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4005
`
`

`
`ANNEX TO THE INTERNATIONAL SEARCH REPORT
`ON INTERNATIONAL PATENT APPLICATION NO.
`
`US
`SA
`
`9210215
`67461
`
`US-A-
`CA-A-
`
`5138712
`2025434
`
`11-08-92
`03-04-91
`02-04-92
`
`4937863
`2014321
`
`26-06-90
`
`EPOFORMP0079
`
`Formonunilsuhonu11i:mnex:ae0ficiuJournaloId:eEnmpanPumt0fii=,No. 1218:
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4006
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4006
`
`

`
`PCT
`
`International Bureau
`WORLD l'NTELLECTUAL PROPERTY ORGANIZATION
`
`
`
`INTERNATIONAL _APPLICATION PUBLISHED UNDER THE PATENT COOPERATION TREATY (PCT)
`
`A
`
`(51) 1llt9|'fl3fi0D31 P339113 Cl355ifi@fi0ll 5 3
`G06F11/34. H04L 9/00
`-
`
`_
`
`(11) International Publication Number:
`(43) International Publication Date:
`
`_'
`.. W0 93/01550-
`2-1 ianuary 1993 (21.or.93) ‘
`
`(21) International Application Number:
`
`PCT/US92/05387
`
`(22) International Filing Date:
`
`30 June 1992 (30.06.92)
`
`(30) Priority data:
`724,180
`907,934
`
`.
`1 July 1991 (0l.07.91)
`29 June 1992 (29.06.92)
`
`US_
`US
`
`~
`(71) Applicant: INFOLOGIC SOFTWARE, INC. [US/US];
`1223 Peoples Avenue, Suite 5405, Troy, NY 12180 (US).
`
`(72) Inventor: GRISWOLD, Gary, N.
`Schenectady, NY 12309 (US).
`
`; 1937 Regent Street,
`.
`
`(74) Agents: LAZAR, Dale, S. et al.; Cushman, Darby & Cush-
`man, Ninth Floor, 1100 New York Avenue, N.W., Wash-
`ington, DC 20005-3918 (US).
`
`(81) Dsignated States: AT, AU, BB, BG, BR, CA, CH, CS,
`DE, DK, ES, FI, GB, HU, JP, KP, KR, LK, LU, MG,
`MN, MW, NL, NO, PL, RO, RU, SD, SE, European pa-
`tent (AT, BE, CH, DE, DK, ES, FR, GB, GR, IT, LU,
`MC, NL, SE), OAPI patent (BF, BJ, CF, CG, CI, CM,
`GA, GN, ML, MR, SN, TD, TG).
`,
`
`Published
`With international search report.
`
`(54) Title: LICENSE MANAGEMENT SYSTEM AND METHOD
`
`At Licensee’: Sits
`
`0'
`
`On Communications
`
`(57) Abstract
`
`A license management system and method for recording (6) the use of licensed product (1), and for controlling (4) its use.
`A licensed product invokes a license check monitor (2) at regular time ‘intervals. The monitor generates request datagrams (3)
`which identifiy the licensee and the product and sends the request datagrams over a communications facility to a license control
`system (4). The license control system maintains arecord (6) of the received datagrams, and compares the received datagrams to _
`' data stored in its licensee database (5). Consequently, the license control system (4) transmits reply datagrams with either a denial
`or an approval message. The monitor (2) generates its own denial message if its request datagrarns are unanswered after a prede-
`termined interval of time. The datagrams are counted at the control system to provide billing information.
`
`/
`Petitioner Apple Inc. — Exhibit 1006, p. 4007 .
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4007
`
`

`
`Madagascar
`
`Aualna
`Amlralia
`Barhalua
`Belgium
`Burkina I-aw
`Bulgaria
`Benin
`Bl-.u.il
`Canada
`Central African Republic
`(‘Lingo
`Su.-iueilarid
`('61:: d‘lvuire
`(‘ameruun
`(‘u;choslovaLia
`(jermany
`Denmark
`Spain
`
`AT
`AU
`BB
`BE
`BF
`BC
`BJ
`HR
`CA
`CF
`(‘C
`CH
`Cl
`CM
`3
`
`'
`
`l~inlam.l
`I-lance
`(iahon
`Unilutl Kin;-dum
`Guinea
`(.iren:t:e
`Hungary
`Ireland
`
`Italy
`Japan
`Democratic People’: Republic
`of Kurca
`Republic of Korea
`l it;t:l!lcn:lein
`hri l.~uiLa
`l.uu.-nihuurg
`Munacu
`
`FOR THE PURPOSES OF INFORMATION ONLY
`
`Codes used to identify States party to the PC!‘ on the fionl pages of pamphlets publishing international
`applications under the PCT.
`
`Mali
`Mongolia
`Mauritania
`Malawi
`Netherlands
`Norway
`Poland
`Romania
`
`Russian Federation
`Sudan
`Sweden
`Senegal
`Soviet Union
`Chad
`Togo
`United Sum: of America
`
`1
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4008
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4008
`
`

`
`wo 93/01550
`
`_
`
`PCI‘/US92/05387" ‘
`
`LICENSE MANAGEMENT SYSTEM AND METHOD '
`
`‘
`
`Field of the Invention
`
`BACKGROUND
`
`to
`invention generally relates
`The present
`systems for managing licenses of ' products such as
`
`5
`
`computer software, video games, CD-ROM information,
`movies and other video products, music and other audio
`
`products, multimedia products, and other systems for
`
`up-to-date recording of actual usage of
`
`such a
`
`10
`
`licensed product to enable efficient billing therefor.
`
`Description of Related Art
`
`Licenses
`
`for
`
`‘information
`
`products
`
`such
`
`as
`
`computer software, music, video products and the like
`
`usually provide licensees with limited rights.
`
`The
`
`15
`
`licenses may restrict sites of use, duration of use,
`
`or number of concurrent uses of the products.
`
`The
`
`licenses also may
`
`limit "the use of
`
`the products
`
`depending won currentness of
`
`licensee's payments.
`
`However, enforcing the conditions of the licenses is
`
`20. difficult, because,
`
`in general, the licensed products
`
`may be easily copied or "pirated" and used without the
`
`licensor's knowledge.
`
`‘
`
`Compliance with limited license rights has been
`
`encouraged with copy protection.
`
`Known methods of
`
`25
`
`computer software.copy protection include putting a
`
`I
`SUBSTITUTE SHEET
`Petitioner Apple Inc. — ExhibiL lQ
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4009
`
`

`
`W0 93/01550
`
`-
`
`PCI‘/US92/05387
`
`physical hole or mark on the diskette containing a
`product, or placing data on the diskette in a location
`where no data is expected.
`A disk with an illegally
`copied software product usually would not contain the
`5 marks.
`At
`the beginning of its operation,
`a copy-
`protected, but illegally copied software product would
`search its own diskette for the marks. Upon failing
`to detect the marks, the software would abort from its
`
`10
`
`normal procedures.
`Most software products sold today do not have
`such copy protection, partly because copy protection
`renders
`legitimate duplication of
`copy protected
`software difficult,
`but
`not
`impossible.
`Copy
`protection frustrates the making of legitimate copies,
`15 while not eliminating’ unauthorized copying.
`Many
`software publishers have experienced higher sales by
`eliminating copy protection schemes.
`Another method for enforcing limited licensing
`rights of computer
`software is described in U.S.
`patent No. 4,932,054 to Chou. Chou describes a "coded
`filter" hardware device which is plugged into a port
`of
`a
`computer.
`The
`"coded
`filter" outputs
`an
`authorization control
`code when
`a predetermined
`control code is sent to it.
`The licensed software
`functions
`properly only
`if
`the
`"coded
`filter"
`transmits the correct authorization control code to
`the software.
`
`20
`
`25
`
`30
`
`while devices such as described by Chou have
`existed for several years,
`they have not been well
`accepted by the market. Since the device is attached
`to the outside of a computer, it can easily be lost or
`stolen, preventing the use of licensed software.
`In
`addition, if a licensee purchased a number of software
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4010
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4010
`
`

`
`W0 93/01550
`
`~
`
`A
`
`PCI‘/US92/0538.7
`
`products, each of which used Chou's protection scheme,
`the licensee would collect a stack of "coded’filters."
`Hershey,
`in U.s. patent No. 4,924,378, describes
`a method for limiting the number of concurrent uses of
`a licensed software product.
`Each workstation of a
`network has
`a
`license storage area in its local
`memory. License Management System (LMS) daemons are
`provided in the network in -a number corresponding to
`the permissible number of concurrent uses of
`the
`software product. To use the software, a work station
`stores a daemon in its license storage area.
`If all
`
`daemons are in use, no further work stations may use
`
`the software.
`
`.
`
`in 11.8. patent No. 4,937,863,
`Robert et al.,
`describe a similar invention. This invention "includes
`a
`license management
`facility which
`accesses
`a
`database of
`license information related to licensed
`computer software programs. When a user attempts to
`use
`a
`licensed program,
`the
`license management
`
`facility first“ checks the database. Access to the
`licensed product is prevented if licensing conditions
`related to the product are not satisfied (e.g.,
`
`5
`
`10
`
`15
`
`20
`
`expiration of licensing dates, etc).
`While the Robert et al. and Hershey patents show "
`
`25“
`
`effective techniques for controlling licensed computer
`
`software, each also reveals components that cannot be
`
`easily managed by an average user. A-.system manager,
`or
`someone with special access. privileges to the
`
`internals of a machine, must
`
`install
`
`the licensed
`
`30
`
`software".
`
`This ' hinders
`
`the distribution of
`
`the
`
`software.
`
`Licensable products other than computer software
`have not generally been copy-protected. For example,
`
`' " "
`
`'
`
`I
`
`Petitioner Apple Inc. — Exhibit 10
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4011
`
`

`
`W0 93/01550
`
`PCI‘IUS92/05387
`
`video tapes can be easily. copied by anyone with two
`VCR machines, and audio tapes and music C155 can be
`
`easily copied to tape. Computer CD-R01-Is can be copied
`to magnetic disk; however,
`their large information
`storage capacity relative to that of magnetic disks
`makes
`this
`a very
`expensive proposition.
`The
`
`5
`
`introduction of digital audio tape is being delayed,
`
`because some view its ability to easily produce very
`
`high quality copies as a threat to music royalties.
`Hellman,
`in U.S. patent No. 4,658,093, describes
`
`10
`
`means to bill by usage.
`
`This is accomplished via
`
`communication of an encrypted authorization code from
`
`a licensor to a base unit at the licensee's site. The
`
`information
`encrypted authorization code contains
`related to an identification of
`the base unit,
`a
`
`15
`
`number of uses
`
`requested,
`
`and
`
`a
`
`random or non-
`
`repeating number; however,
`
`implementation of Hellman's
`
`scheme requires a “base unit“, such as
`
`a computer,
`
`record player, video recorder, or
`video game unit,
`video disk player, with a unique identification
`
`20
`
`number.
`
`The requirement
`
`is difficult
`
`to satisfy,
`
`because, at
`
`the present, only a
`
`fraction of
`
`such
`
`systems on the market have an internally readable
`serial
`number
`for
`identification.
`In addition,
`
`25
`
`vendors of these systems provide no guarantees for the
`
`number.
`any given device's serial
`uniqueness of
`Furthermore, an internal serial number can change when
`
`hardware maintenance
`
`is performed on
`
`the device.
`
`Also, Hellman's approach requires that an identical
`
`30
`
`the
`each software product be stored at
`copy of
`authorization site.
`These copies are used in the
`
`The unstated assumption
`generation of unique keys.
`that all copies of a specific version of a software
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4012
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4012
`
`

`
`wo 93/01550
`
`.
`
`PCI‘/US'92/05387‘
`
`I 5 1
`
`product are identical is unrealistic- Minor -bug fixes
`to software are often made without generating a new
`
`version of the product. Also, some software products,
`such as those which run on Macintosh computers, are
`self-modifying.
`
`5
`
`p While Hellman's invention counts each use of the
`software, it does not monitor the duration of use.
`Thus, He1lman's system would not be able to bill for
`
`extensive use of
`
`licensed software if the software
`
`Finally, while Hellman
`10 _ were continuously operated.
`suggests the inclusion of an automated communication
`system as part of his invention, he does not disclose
`
`how this communication system could be implemented.
`
`Instead, he mentions non-_automated use of telephone
`
`15
`
`and mail.
`
`In summary,
`
`I-Iellman's patent
`
`is
`
`an
`
`interesting discussion of cryptographic techniques,
`
`but
`
`it does not provide a practical,
`
`real-world
`
`implementation of those techniques.
`
`p
`
`Shear,
`
`in U.S. Patent No. 4,977,594, describes a
`
`20
`
`system and method to meter usage of distributed
`
`The method
`CD-ROM systems.
`as
`such
`databases
`describes a hardware module which must be part of the
`
`computer used to access the distributed database.
`This module retains records of the information viewed.
`
`0 25"
`
`.
`
`once the module storage is filled, the module must be
`removed and delivered to someone- who will charge for
`the usage recorded therein and set the module back to
`
`zero usage.
`
`Like Hellman's method,
`
`this method
`
`requires a hardware module which must be incorporated
`
`30 within the computer so the. system can control - user
`access.
`No database publisher will be able to use
`
`this method until there are a very large- number of
`
`units containing such modules. Hardware manufacturers
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4013
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4013
`
`

`
`WO 93/01550
`
`PCT/US92/05387
`
`will be hesitant to include the module in the design
`
`of their computers until there is sufficient demand
`
`from customers or publishers for this system.
`
`the
`
`method
`
`and
`
`apparatus
`
`according
`
`to the present
`
`5
`
`invention can be implemented entirely in software and
`
`hence does not require special, dedicated computer
`
`-
`
`-
`
`subsystems.
`
`SUMMARY OF THE INVENTION
`
`It
`
`is an object of
`
`the present
`
`invention to
`
`10 » provide a license management system and method which
`
`can ensure that a licensed product
`
`is used only on
`
`machines under which it is licensed.
`
`It is another object of the present invention to
`
`provide a license management system and method which
`may terminate access to a licensed product once its
`
`15
`
`license has expired.
`
`It is yet another object of the present invention
`
`to provide a
`
`license management system and method
`
`which may terminate access to a licensed product when
`
`20
`
`payment for a license is overdue.
`
`It is a further object of the present invention to
`
`provide a license management system and method which
`can limit the number of concurrent uses of a licensed
`
`product.
`It is yet another object of the present invention
`
`25
`
`license management system and method.
`to provide a
`which can bill licensees for the duration of actual
`
`usage of a licensed product.
`
`The present
`invention provides an advantageous
`feature
`of quickly and
`effectively implementing
`
`30
`
`license agreements between a licensor and licensee.
`
`,
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4014
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4014
`
`

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`'
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`ii
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`
`PC1‘/US92/05387_
`
`The
`
`present
`
`invention
`
`provides " another
`
`advantageous feature of allowing logic used to control,
`
`licenses to be easily changed.
`
`The present
`
`invention provides yet
`
`another
`
`5
`
`advantageous feature of detecting, at the licensor's
`
`site, many types of attempts to alter the license
`
`management system.
`
`a
`
`further
`a.
`provides
`invention
`present
`The
`advantageous
`feature of permitting anyone without
`special
`access privileges
`to install
`a
`licensed
`
`10
`
`product.
`licensed product
`a
`invention,
`In the present
`generates request "datagrams," messages transmitted
`
`over a communications network. The request datagrams.
`
`15
`
`are sent to the licensor's site. At the licensor's
`
`site the datagram is compared to information stored in
`
`a license database. After the comparison, a reply
`datagram is sent to the licensee. Upon receiving the
`
`reply datagram,
`
`the
`
`licensed product
`
`reacts
`
`in
`
`'20
`
`accordance with the instructions therewithin.
`
`For
`
`example if a reply datagram contained a "denial," the
`
`licensed product would display an appropriate message
`
`to the user and then suspend further execution of its
`
`programs.
`
`_
`
`25.
`
`In the present invention,
`
`the licensed product
`
`is implemented on
`
`a network node attached to a
`
`communications network‘
`
`that
`
`includes the licensor.
`
`The network node may be a computer, a CD-ROM player,
`
`a tele-computer or other.multimedia machine, or any
`
`30
`
`other appropriate device.
`
`The node may also be an
`
`intelligent type of consumer electronic device used
`
`such as an intelligent
`for presenting information,
`television, VCR, videodisk player, music CD player,
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4015
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4015
`
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`telephone or other similar device.
`audio tape player,
`Further,
`the communications network may be any two-
`
`way network such as a computer network,
`
`telephone
`
`network,
`
`a cellular
`
`telephone
`
`network or _other
`
`5 wireless network, a two-way cable TV network, or any
`
`other equivalent system.
`
`Should the user detach the node from the network,
`
`the licensed product will
`
`fail
`
`to receive reply
`
`10
`
`Upon several failures to receive reply
`datagrams.
`datagrams, the licensed product will generate its own
`denial.
`
`After a request datagram has been sent out, a
`
`user may be permitted to use the licensed product for
`
`a limited duration.
`
`This feature may be necessary
`
`15
`
`because of the delays in network communications. when
`
`networks are sufficiently’ fast, use of a licensed
`
`product can be postponed until the reply datagram is
`received.
`
`In the preferred embodiment of
`
`the present
`
`20
`
`invention,
`
`licensees‘ network addresses are used to
`
`identify the licensees.
`
`other embodiments may use a
`
`licensed product serial number or hardware serial
`
`numbers for the identification.
`
`25
`
`30
`
`A licensed product as in the present
`
`invention
`
`generates a request datagram after each period of
`product use. The number of request datagrams received
`by the licensor can be used to bill the licensee. For
`
`example,
`
`if datagrams are sent after every hour of
`
`product use,
`
`the licensee ‘will be billed for
`
`the
`
`request datagrams
`to the number of
`amount equal
`received by the licensor multiplied by the hourly
`rate.
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4016
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4016
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`invention may
`the present
`The embodiments of
`incorporate a query system at a licensor's site for
`
`reporting on problem datagrams. This would allow the
`
`licensors to take appropriate actions in accordance
`5 with problems associated with each datagram.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`These and other objects and advantages of this
`
`invention will become more apparent and more readily
`appreciated from the following detailed description
`
`10
`
`of the presently preferred exemplary embodiment of the
`
`invention,
`
`taken in conjunction with the accompanying
`
`drawings, of which:
`
`’
`
`is a
`FIGURE 1
`preferred“
`exemplary
`invention;
`
`15
`
`the
`g_eneral block diagram of
`embodiment
`of
`the
`present
`
`FIGURE 2
`
`shows
`
`representative diagrams of
`
`the
`
`contents and formats of data at
`
`licensee's site,
`
`contained in datagrams, and at licensor's site;
`
`FIGURE 3 illustrates a sequence of representative
`
`20
`
`operations executed at the licensee's site and at the
`
`licensor's site, together with required inputs for the
`
`execution of the operations and with outputs produced
`
`therefrom;
`
`FIGURE 4 illustrates a sequence of representative
`
`25
`
`operations to send a request datagram,
`
`together with
`
`required inputs for the execution of the operations
`
`and with outputs produced therefrom;
`
`FIGURE 5 illustrates a sequence of representative
`
`operations when a reply datagram is overdue, together
`
`30- with required inputs
`
`for
`
`the
`
`execution of
`
`the
`
`-operations and with outputs produced therefrom;
`
`Petitioner Apple Inc. — Exhibit 1006,_p_AO_ll_
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4017
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`representative
`sequence of
`a
`shows
`FIGURE 6
`together with
`operations to process a reply datagram,
`required inputs for the execution of the operations
`
`and with outputs produced therefrom;
`FIGURE 7
`shows
`a
`sequence of
`
`.
`representative
`
`5
`
`operations to generate an authorization code, together
`with required inputs
`for
`the
`execution of
`the
`operations and with outputs produced therefrom; and
`FIGURE 8
`shows
`a
`sequence of
`representative
`
`10
`
`together with
`operations to send a reply datagram,
`required inputs for the execution of the operations
`
`and with outputs produced therefrom.
`
`DQAILED DESCRIPTION OF THE
`PRESENTLY PREFERRED EXEHPLARY EMBODIMENT
`
`15
`
`As
`
`shown in FIGURE 1, a licensed product 1
`
`is
`
`located at a licensee's site. Product 1 may include
`
`a data portion 1B and a functional portion 1A such as
`computer
`software product or
`any other kind of
`information product used to control use of data
`
`20
`
`If data portion 1B is CD-ROM database
`portion 1B.
`information, functional portion 1A should enable the
`
`licensee to search indexes and display text.
`
`If data
`
`portion 1B is video information, functional portion 1A
`should control the display of the video information.
`
`25
`
`For audio information,
`
`functional portion 1A should
`
`If data portion 1B is an
`play the audio information.
`electronic book, functional portion 1A should display
`
`The above examples show some of the
`and turn pages.
`ways functional portion 1A can control data portion
`1B; however,
`they are hardly exhaustive.
`By including in product 1 both information and
`software which controls the information, product 1 is
`
`30
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4018
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4018
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`- 11 -
`
`an execbtable product. Non-software information in
`product 1 is preferably encrypted so that it cannot
`
`be easily extracted,from the product.
`
`License check monitor 2 sends license datagrams
`3 to the licensor and also receives license datagrams
`
`S
`
`License check monitor 2 also
`from the licensor.
`3
`prevents further use of product
`1 when a datagram 3
`
`containing a "denial" message is received.
`
`License datagrams 3 are messages that describe
`
`10
`
`information related to the use of licensed product 1.
`Datagrams 3 are sent over a communications network
`between the licensee and licensor.
`Initially,
`the
`
`licensee sends a request datagram 3 over the network
`to the licensor.
`The licensor then returns a reply
`
`15
`
`datagram containing either an approval or denial.
`
`It
`
`is also possible to implement the present invention by
`
`A having the licensor transmit a reply datagram only for
`
`approvals.
`At the licensor's site, license control system 4
`
`20
`
`makes
`
`licensing
`
`decisions
`
`by
`
`comparing
`
`request
`
`datagram 3 with license records 5.
`
`After
`
`the
`
`comparison,
`
`control
`
`system 4 ‘stores
`
`information
`
`related to request datagram 3 into history of license
`
`datagram record 6.
`
`It is noted that request datagrams
`
`25
`
`is in use.
`3 are periodically sent while product 1
`Thus,
`the history of
`license datagrams in record 6
`
`provides means for measuring the duration of use of
`
`product 1.
`
`Representations of data and records stored at the
`
`30
`
`licensee's site, contained in datagrams, and stored at
`
`‘N
`
`the licensor's site are illustrated in FIGURE 2. At
`
`the licensee's site, network service 7, which handles
`
`delivery and transmission of datagrams 3, supplies
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4019
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4019
`
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`network address 8.
`control
`system 4
`
`It is by this address that license
`identifies a
`location of use of
`
`10
`
`15
`
`product 1.
`is contained within
`Licensed product record 9
`5 monitor 2. Within the license product record 9 is an
`identification record 10, which contains the following
`two items: licensor's network address 11, and product
`model number 12 that
`identifies product 1.
`when a
`licensor has only one product, or uses different
`licensor network addresses
`11
`for
`each product,
`product model number 12 may not be needed.
`Datagram sent record 13 stores information about
`the last sent datagram 3.
`It includes a datagram
`number
`14, which
`uniquely
`identifies
`the
`last
`transmitted datagram 3, and the date and time 15 when
`the last datagram 3 was sent from the licensee's site.
`Licensed product record 9 also contains control
`parameters record 16, which is used for controlling
`the timing of key events
`in the communication of
`license check monitor 2 with license control system
`4.
`send interval 17 specifies a time interval between
`each transmission of
`a new datagram 3
`from the
`
`20
`
`licensee to the licensor.
`time that
`Wait
`interval
`18
`is the length of
`25 monitor 2 waits to receive a reply datagram 3 before
`resending the same request datagram 3.
`The duration
`of
`this
`interval
`depends
`on
`the
`speed of
`the
`communications network being used to deliver datagrams
`3.
`
`30
`
`Disconnect allowed interval 19 is the duration
`of time that monitor 2 allows product 1 to be used
`without a reply datagram 3
`from the licensor.
`The
`duration of this interval depends on the reliability
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4020
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4020
`
`

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`p - 13 -
`
`The interval must be
`of the communications network.
`long enough
`to N take
`into consideration network.
`
`downtime.
`
`For example,
`
`suppose a message was sent
`
`from the licensor and the network went down just
`afterwards. Disconnect allowed interval 19 should be
`
`5
`
`long enough to allow the network to resume its normal
`
`operation and successfully deliver datagrams 3
`
`from
`
`the_ licensor; otherwise, the licensee would be forced
`
`to stop using product
`
`1 until
`
`the network was
`
`10
`
`operational.
`
`License datagram 3 contains header 20. Header
`
`20 is used during execution of low level communication
`
`protocols within the network.
`
`source network address
`
`is
`is the network address from where datagram 3
`2.1
`sent. Destination network address 22 is the network
`
`15.
`
`address to where datagram 3 is sent. Additional data
`
`may be included in header 20 if required by low level
`
`protocols used in delivering datagrams 3.
`
`Data 23, a part of datagram 3, conveys a message,
`and contains a. number of fields. Product model number
`
`20
`
`24
`
`and datagram number 25
`
`identify product
`
`1 and
`
`noted ' that
`is
`It
`respectively.-
`datagram» 3,
`retransmitted datagrams have an identical datagram
`
`number. Duplicate datagrams must be identified at a
`
`25
`
`1icensor's site so that they do not all contribute in
`
`billing a licensee.
`Each datagram number
`
`25’
`
`is unique. for each
`
`transmitted from the licensee-,
`request datagram 3
`except for retransmitted datagrams.
`This allows a‘
`
`30 ~ reply datagram 3 received by a licensee‘ to be verified
`
`as an actual reply to a request datagram 3 from that
`
`licensee, as explained below.
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4021
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4021
`
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`..
`
`-
`
`10
`
`15
`
`20
`
`25
`
`Number of processes running 26 is the number of
`concurrent uses of product 1 at the time datagram 3
`is sent.
`Authorization code 27
`is used on reply
`3
`datagrams
`to indicate an approval or a denial.
`5 Message text 28 contains a message which will. be
`displayed to the user upon a denial.
`License database 29 at the 1icensor's site holds
`records of information about customers,
`licenses, and
`license usage.
`The
`types of
`information within
`license database 29 of
`the present embodiment are
`shown in FIGURE 2.
`However,
`a specific license
`management system may require its license database to
`hold types of information other than those in FIGURE
`2.
`For example,
`licensee name and address may be
`incorporated as a part of a license database 29.
`on
`License
`record
`5
`contains
`information
`licenses.
`Licensee network address 30 identifies a
`precise network node which is licensed to use product
`1.
`If request datagrams are received which do not
`originate from known licensee network addresses 30,
`reply datagrams
`containing denial messages
`are
`transmitted.
`Product model number 31 is the model
`number of a licensed product. Termination date 32 is
`the expiration date of a license. When the license of
`a product
`is issued for
`an unlimited duration,
`termination date 32 should reflect a date very far
`into the future, relative to the licensing date.
`The present embodiment allows licenses to be paid
`for in a lease-like or rental fashion.
`If a licensee
`were to rent or lease product 1, paid through date 33
`would reflect the date through which the licensee has
`paid for using the product. Grace period 34 is the
`time interval for which the licensee is allowed to be
`
`30
`
`Petitioner Apple Inc. — Exhibit 1006, p. 4022
`
`Petitioner Apple Inc. - Exhibit 1006, p. 4022
`
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`
`delinquent before services are disconnected; Grace
`period 34 would reflect a very large time interval if
`the license is not of a lease-like or rental type.
`
`when the license provides for a limit on the number of
`concurrent uses” of a product 1, number of processes
`
`5
`
`when the
`licensed 35 contains the limiting number.
`license does not provide for such a limit, number of
`
`processes 35 should» be a very large number.
`
`History of license datagrams 6 is an archive of
`datagrams 3 received from the licensee.
`‘
`
`. 10
`
`FIGURE 3 illustrates operations executed at the
`
`licensee's site and at
`the licensor's site.
`An
`overview of the” processing at the licensee's site is
`
`described by steps 101.0 to 106.0, and an overview of
`
`15
`
`the processing at the licensor's site is described by
`
`steps 107.0 to 110.0.
`At the licensee's site, at stepi101.0, product 1
`
`invokes monitor 2.
`
`This is accomplished by first
`
`timer
`a
`for
`2 as a handler
`establishing monitor
`expiration interrupt signal and for received datagrams
`
`20
`
`3. Next, a timer__ is set with a very short time to
`
`cause an initial call to monitor 2. At step 102.0,
`
`monitor 2 computes a time. 36 since the last datagram
`
`was sent by determining the difference between the
`
`25
`
`current date and sent time and date and time '15 that
`
`a datagram was
`
`last sent
`
`from the licensee's site.
`
`When product 1 commences execution, datagram sent date
`
`and time 15 is set to "null." Thus,
`
`time since send
`
`36. is