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`7 1Please type a plus sign (+) inside this box —> [+]
`
`PTO/SB/016 (08-00)
`Approved fro use through 10/31/2002. OMB 0651-0031
`US. Patent and Trademark Office: US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`PRO VISIONAL APPLICA TION FOR PA TENT COVER SHEET
`
`This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53(c).
`
`S g
`
`\E" Given Name (first and middle [if any])
`~ .
`5‘
`Xin
`Bijan
`Michael
`
`Family Name or Surname
`Wang
`Tadayon
`Raley
`
`.
`i
`Los Angeles, California
`Germantown, Maryland
`Downey, California
`
`C] Yes, the name of the U. S. Government agency and the Government contract number are:
`
`Direct all correspondence to:
`
`CORRESPONDENCE ADDRESS
`
`D Customer Number
`
`22204
`
`____.’
`
`
`
`l P1212: gngolnjggzzlrier
`
`OR
`
`Type Customer Number here
`
`Firm 9’
`IndiVidual Name
`
`Marc S. Kaufman
`
`Address
`
`NIXON PEABODY LLP
`
`8180 Greensboro Drive
`
`ENCLOSED APPLICATION PARTS (check all that apply)
`
`(703)790-9110
`
`Fax
`
`(703) 883—0370
`
`Specification
`
`Number ofPages
`
`Cl CD(s), Number
`
`El Drawing(s)
`
`Number ofSheets
`
`l::l El Other (specify)
`
`
`
`El Application Data Sheet. See 37 CFR 1.76
`METHOD OF PAYMENT OF FILING FEES FOR THIS PROVISIONAL APPLICATION FOR PATENT
`
`Applicant claims small entity status. Se 37 CFR 1.27.
`A check or money order is enclosed to cover the filing fees
`The Commissioner is hereby authorized to
`charge filing fees or credit any overpayment
`to Deposit Account Number:
`
`19-2380
`
`FILING FEE
`AMOUNT ($)
`$16000
`
`Payment by credit card. Form PTO-2038 is attached.
`The invention was made by an agency of the United States Government or under a contract with an agency of the United States
`Government.
`lg No.
`
`
`
`
`’I.“
`
`|_
`
`'
`
`'-
`
`Respectfully submittei’ ,
`SIGNATURE A //\
`
`Date
`
`11/20/2001
`REGISTRATION NO.
`(ifappropriate)
`
`TYPED or PRINTED NAME Marc S. Kaufman
`
`Docket Number:
`
`35 212
`
`1 1 1325-83
`
`
`
`TELEPHONE 703—790-91 10
`USE ONLY FOR FILING A PROVISIONAL APPLICA TION FOR PA TENT
`This collection ofinformation is required by 37 CFR l 51 The information 13 used by the public to file (and by the PTO to process) a provisronal application Confidentiality IS governed by 35
`U.S.C 122 and 37 CFR 1 14 This collection is estimated to take 3 hours to complete, including gathering, preparing, and submitting the complete provisronal application to the PTO Time will
`vary depending upon the indii'idual case Any comments on the amount of time you require to complete this form and/or suggestions for reducmg this burden, should be sent to the Chief
`Infomation Officer. U S Patent and Trademark Office, U S Department of Commerce, Washington, D C 20231 DO NOT SEND FEES 0R COMPLETED FORMS TO THIS ADDRESS
`SEND TO Box Prowstonal Application, Commissioner for Patents, Washington, D C 20231
`NVA205469.1
`
`Petitioner Apple Inc. - EX. 10231 p. 1
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 1
`
`

`

`Additional inventors:
`
`INVENTOR(S)
`
`Family Name or Surname
`
`Residence
`
`
`
`
`
`
`
`
`(City and either State or Foreign Country)
`Given Name (first and middle [if any])
`Torrance, California
`Guillermo
`Culver City, California
`Thomas
`
`
`Darien, Connecticut
`Charles
`
`
`Rancho Palos Verdes, California
`Eddie
`
`
`
`
`
`
`
`NVA205469. l
`
`Petitioner Apple Inc; - EX. 1023, p. 2
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 2
`
`

`

`Rights and permission grant for access
`
`Inventors: Xin Wang, Biian Tadayon, Michael Raley, Guillermo Lao, Thomas
`
`DeMartini Charles Gilliam and Eddie Chen.
`
`U.S. patents 5,629,980, 5,634,012, 5,638,443, and 5,715,403, filed in November
`
`23, 1994, the disclosures of which are incorporated herein by reference) deal
`
`with the rights associated with the digital content. These will be the basis of our
`
` systems and methods described below.
`
`st
`it
`1.
`
`'
`
`
`
`gm!4...},is==Hagan“?
`
`”:5“:
`
`However, the concept of rights and permission for access can be extended
`
`(generalized) to cover all tangible items (such as a lamp, a car, etc.), non—
`
`tangible or non-physical items (such as a digital work (for example, music, text
`
`files, books, reports, video, multimedia, pictures, or any combination of those)),
`
`services, goods, purchase orders, procedures, exchanges, and futures
`
`commodities.
`
`(The concept of having rights and conditions associated with
`
`digital content can be applied to things other than digital content — in other words,
`
`rights and conditions can be associated with any physical or non-physical thing
`
`or service for which its use, access or execution is to be controlled or monitored
`
`in some fashion.)
`
`Furthermore, the same grammar that associates permission for access to items
`
`can serve as the authentication mechanism (certificate) for a principal. The
`
`NVA205459.1
`
`Petitioner Apple Inc. - EX. 1023, p. 3
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 3
`
`

`

`
`
`principal may be a human being or a physical entity. The certificate may
`
`prescribe the social status such as a job function or grade/ranking in an
`
`organization, or the function/services provided by a physical entity.
`
`To ensure the integrity of the rights expression (license or certificate) expressed
`
`by the grammar, cryptographic technologies such as digital signature and
`
`encryption may be applied to either the parts or the entire license or certificate.
`
`When applying the cryptographic technologies, the grammar guarantees that any
`
`semantically significant parts of the rights expression can be protected against
`
`tamper. When the rights expression is issued by multiple issuers, the grammar
`
` insures the integrity of the rights expression on behalf of all the issuers.
`
`
`This includes stock (or other markets) exchange, for example, buying or selling in
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`advance or at a threshold.
`
`(Rights and conditions that are associated with
`
`execution orders for buying or selling stocks.) For example, the customer can
`
`obtain the right to buy 1000 shares of stock of a specific company at a fixed
`
`price, between two thresholds, at a specified future time, with a margin call,
`
`change the type of stock (common/ preferred), or converting stock options to
`
`regular stocks. There may be rights associated with the stocks during the
`
`bankruptcy proceedings, as to who can cash out first.
`
`For real estate, the owner’s right on the property can be expressed as, for
`
`example, joint-tenant or tenant—in-common, with the option to convert to other
`
`NVA205459.1
`
`Petitioner Apple Inc. - Ex. 1023, p. 4
`
` :
`
`Petitioner Apple Inc. - Ex. 1023, p. 4
`
`

`

`options, with the change of the percentage of the ownerships, and designation of
`
`the survivorship option.
`
`For professional services, one can buy the right to visit the dentists’ office in an
`
`association for a period of 1 year, while paying only a fixed or variable co-
`
`payment for each visit, up to a maximum amount. Or, use the right to consult a
`
`lawyer or an accountant for a period of time, fixed number of times, or regarding
`
`a specific project or account.
`
`One can buy the right for services offered by an organization, in advance,
`
`including the rights associated with the intellectual properties, such as patents,
`
`copyright, and trademarks. This can apply to software programmers, customer
`
`service, training outfits, or other technical services.
`
`One can obtain a right and later sell that right to a third-party, if such transfers
`
`are authorized. This gives mobility and liquidity to different kind of assets, make
`
`it possible to expand the regular stock market to include rights to other non-
`
`physical items or services. More money can exchange hands, and the economy
`
`can benefit from that. The exchange of rights and auctioning rights have been
`
`described in some of our previous disclosures in more details.
`
`
`
`NVA205459.1
`
`Petitioner Apple Inc. - EX. 1023, p. 5
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 5
`
`

`

`This includes any kind of coupons, gift—certificates, rain—checks, exchange
`
`certificates, returns, and store-specific coupons (Rights and conditions that are
`
`associated with the redemption of coupons or certificates).
`
`This includes any kind of financial account or transaction such as certificates of
`
`deposit, checking accounts, wires, e-mails, Morse Codes, fund transfer, currency
`
`exchange, looking on current or future interest rates, points paid for the loan,
`
`bonds, loans, secondary loans, and stocks (any of which may have one or more
`
`attributes such as maturity dates or deadlines), issued by banks, mortgage
`
`institutions, or others (Rights and conditions associated with the access to
`
`something or execution of something).
`
`This includes the right for future tangible or intangible things such as books
`
`(printed or electronic) or music (albums or electronic) for an author or artist. The
`
`right could be for during or after a period of time or for a predetermined number
`
`of units, such as units of CDs or books. (Rights and conditions to use for future)
`
`m
`it; 3
`
`'“
`
`
`
`This includes the rights expressed for a will or a trust for the distribution of
`
`property or other assets, or for the provision of rights, services or benefits for
`
`persons, entities and other things.
`
`(Rights and conditions associated with the
`
`transfer or distribution of assets (conditions include obligations))
`
`NVA205459.1
`
`Petitioner Apple Inc. - EX. 1023, p. 6
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 6
`
`

`

`This includes the right for the public and private keys, access to levels of
`
`security, and changing or administration of the same.
`
`This includes structures based on hierarchical models, flat models, or any
`
`combinations of these.
`
`
`
`..
`
`
`
`The teaching of this current disclosure can be added to our previous teachings
`
`(in our previous patents and patent applications, whose specifications are
`
`incorporated herein by reference), for example, as the extensions of XrML
`
`language, or the new tags, enabling the specification and operation for the rights,
`
`conditions, and situations as noted in the examples below.
`
`Access Control to Services:
`
`As we treat services and privacy data as content, the rights and conditions
`
`applied to distribution and usage of content generally apply to goods, services,
`
`privacy data and other things. Tracking the access to these things or to rights in
`
`them is also important. it may also be important to track information in addition to
`
`access or to obtain fees or other things in connection with granting access or
`
`rights.
`
`A provider of goods, service or other things provides the conditions. A
`
`user wants the access to the good, service or other thing (or particular rights),
`
`and thus, has to satisfy those conditions. This concept works equally well
`
`regardless of the direction or order in which information moves. A user can
`
`NVA205459.1
`
`Petitioner Apple Inc. - EX. 1023, p. 7
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 7
`
`

`

`
`
`
`
`supply the conditions to the supplier and the supplier has to satisfy those
`
`conditions to make a sale. Furthermore, a partial satisfaction of conditions could
`
`result in access, a transaction or other result which is the same or different as
`
`compared to the full satisfaction. All of this can be done automatically.
`
`For access, distribution or use of content, one can set conditions for
`
`access to services or things. For example, the user may wish to go to a web site;
`
`however, as a condition of access to the web site, the user has to be located in a
`
`specific geographical area (for example in the United States). This is useful for
`
`localization of the web site, in terms of the translation, customization or other
`
`determination of the content including in terms of local customs, news, culture,
`
`hobbies, local sport news, local news makers, local industry, local merchandise,
`
`or local advertisements (to mention a few examples), selected based on the
`
`predetermined content or additions/ modifications chosen for that specific area or
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`locality. The predetermined content or additions/modifications could be changed
`
`from time to time as conditions warrant. For example, if the customer is located
`
`in the United States, the English spellings used are the American versions, and
`
`the advertisements are based on the American taste, season, or political climate
`
`at that moment. The localization increases the appeal of the web site, and thus,
`
`improves customer satisfaction and traffic of the web site or volume of sale.
`
`Another benefit is that the content owner may want to release a specific content
`
`in the United States first, and three months later in Europe. This is common in
`
`movie industry, where the different releases in different geographical areas are
`
`restricted based on a time schedule designed to give maximum benefit to the
`
`NVA205459. 1
`
`Petitioner Apple Inc. - EX. 1023, p. 8
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 8
`
`

`

`content owner. The release dates and / ortime tables can all be incorporated
`
`into the DRM solution, as parameters in a template, so that the assignment or
`
`modifications of the time table would be easy for the content owner, and keeping
`
`track of the times can be done automatically, without further human intervention,
`
`for ease of use and more confidence/ security.
`
`Another example is when a crawler collects data and gathers information
`
`from a web site. The person in control of the web site could, as a condition to
`
`access the web site, require the crawler to access or request the access after
`
`midnight when the web site traffic is at a minimum, and therefore, loads are
`
`reduced. Additionally, the web site could impose varying conditions on the ability
`
`or right of the web crawler to access the site such as by specifying that the
`
`access is timed out after a certain period of time if access is obtained during
`
`peak hours.
`
`Furthermore, one can specify how to get access. For example, one can
`
`specify how the users distribute the content (for example, by super-distribution).
`
`This gives more control to the content owner, as to where and by what method
`
`the distribution is conducted. The geographical location restriction is one
`
`parameter. The parameters of the super-distribution could also be specified by
`
`the content owner, to further limit the method of distribution, in terms of expiration
`
`date, number of copies, and the people forbidden to get a copy (from some
`
`forbidden list, which for example, for some reason are identified as unfriendly
`
`customers, such as known hackers). This could work equally well when the
`
`
`
`
`
`..
`
`NVA205459.1
`
`Petitioner Apple Inc. - EX. 1023, p. 9
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 9
`
`

`

`specifying is done by users. For example, the user could specify whether or not
`
`he wishes to have the right to super-distribute.
`
`Or, one user may want to share his / her personal calendar with his / her
`
`friends, however, as a condition of access to the calendar, the user may require
`
`his / her friends to do a specific task or satisfy a condition (for example, open one
`
`specific file or share his own calendar), first. The calendar can be used and
`
`edited by the all friends or some of the friends who have the right to input,
`
`modify, or edit. Some of the friends may have the right to use-only, or use—and-
`
`input-only, with no modification rights. The calendar can keep track of conflict of
`
`schedules for two or more people, which automatically notifies the conflicting
`
`parties or all of the people in the list about the conflict. The calendar can also
`
`highlight the unavailable days, when one or more parties are out of town or
`
`unavailable for other reasons. The calendar can also suggest some days or
`
`
`
`hours that the calendar is relatively empty, or for a specified parties, find the
`
` common acceptable dates or hours, based on the input by one or more users.
`
`Another example is the print shop, where one can specify some policy to
`
`restrict the access of users to printing services. For example, the user may send
`
`a large file to be printed by the print shop, for a fee. However, as a way of
`
`managing the job orders, the smaller files get printed sooner (have higher
`
`priority). The size of the files within a predetermined time frame are compared
`
`and ordered for printing purposes. However, if a job must be printed regardless
`
`of the size before a deadline, then the length of the printing process is estimated,
`
`and the job schedule is modified to fit that in, to make the deadline. This out-of-
`
`NVA205459.1
`
`Petitioner Apple Inc. - EX. 1023, p. 10
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 10
`
`

`

`
`
`
`order prioritization is signified by a flag or a variable (or set of variables/
`
`parameters), which contains the order of priority, the information about the
`
`deadline, or the like.
`
`In the case of the conflict of the schedules or having not
`
`enough time to satisfy all the deadlines, the jobs in a class with a higher priority
`
`will jump in front of the other jobs. Thus, the size is important only within a
`
`specific class of priority. Other examples of how this may operate in the print
`
`shop example is that for a fee (or satisfaction of other condition) a print job might
`
`jump the queue or colorjobs and black and while jobs could be routed to different
`
`printers or the user may specify the priority he desires (and such desires may
`
`require various fees or satisfaction of various conditions). For assignment of
`
`print jobs, priority assignment, class of printjobs, negotiating the prices and fees,
`
`and the moving of priorities, one can assign rights to customers and print jobs,
`
`and express those rights using any grammar or language.
`
`As a service provider, one can set conditions for quality: A lower quality
`
`image can be purchased for less money. For example, the resolution can be
`
`corresponded to the price, based on a table, a formula, a function, or values on a
`
`curve. This apply equally to variations other than quality such as, for example,
`
`speed or timing, and the variation could be based on a condition other than
`
`varying money paid.
`
`Another example is the person who changes or sets the time for a
`
`computer network, in which case the condition is the identification of the person
`
`as the system administrator. Thus, the identification is based on the role of the
`
`individual, which can be established by a smart card, ID, or the like. The role-
`
`NVA205459.1
`
`Petitioner Apple Inc. - EX. 1023, p. 11
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 11
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`

`

`based model makes the change in the right assignment or change in the position
`
`of the individuals much easier.
`
`in general, one can specify how people use or access goods, services or
`
`other things (or rights in any of them) accessing both on-line and off-line. The
`
`content owner or the distributor will have more control on the content (and the
`
`user can have better management over what rights he wants to obtain), and that
`
`provides security and peace of mind.
`
`
`
`Air Fares and Car Rentals (or any similar situations):
`
`Right assignment can become very useful for situations in which the
`
`content provider is not the same as the content seller, such as for air fares and
`
`car rentals (or applying to any physical, digital, tangible, or non-tangible items).
`
` site, airline direct sales, travel agency, an individual having the right to transfer or
`
`For example, one can buy one or more round-trip tickets between Boston
`
`and Chicago, from a web site, which can be an auction site, a reverse-auction
`
`resell the tickets, a clearinghouse, reseller, or a warehouse. The destination
`
`place, the starting place, or both could be variables. For example, it can be a
`
`ticket from Boston to any city in Eastern part of the United States, within 2000
`
`miles, or with no limit on mileage to any city in the Continental United States.
`
`It
`
`can have the right for exchange to another ticket within the European Continent.
`
`Or, it can be exchanged to a ticket in Asia, provided that a fixed or variable fee
`
`for the difference is paid.
`
`In addition, it can be converted to dollars, points,
`
`coupons, or mileage points, for purchase of merchandise from the affiliated
`
`NVA205459.1
`
`10
`
`Petitioner Apple Inc. - EX. 1023, p. 12
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 12
`
`

`

`retailers or stay at hotels. For busy seasons (determined time windows), one
`
`may require an extra fee to cover the charges. One may use this as float or
`
`stand-by, in which a partial refund is due to the owner of the ticket. All of the
`
`rights to do the actions mentioned above can be expressed by a grammar/
`
`language/ tags. The license and the various ways to manipulate the rights have
`
`been described in our previous disclosures and patents.
`
`Another example is that one can rent a car for 6 days in Boston from any
`
`car rental company, which have contract with a clearinghouse and recognizes
`
`the rights offered as a valid right. Or, it can specify one or more car rental
`
`companies.
`
`It can specify the mileage limits, dropping locations, size of the car,
`
`model/ year of the car, manufacturer of the car, pick-up locations, color of the
`
`car, or various equipment in the car as additional features. The right can be
`
`
`
`5
`
`expressed using a coupon for 6 days within the month of August. The owner
`
`may not know exactly when or where he/ she may be using the coupon. That
`
` gives a lot of flexibility to the right assignment and the right owner.
`
`The concept of inventory of extra seats (for example, surplus of tickets for
`
`movie seats or rental cars, in which not a one-to-one relationship necessarily
`
`exists) available can also be incorporated here in this scheme, with option of
`
`limitations on position of seats (in a theater, for example), or the maximum seats
`
`available (or based on first—come first-served).
`
`For example, one buys a movie ticket from a generic web site, and goes to
`
`a movie theater which accepts that kind of tickets and has a contract with the
`
`distributor or owner (similar to the relationship that MasterCard Corporation has
`
`NVA205459.1
`
`1 1
`
`Petitioner Apple Inc. - EX. 1023, p. 13
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 13
`
`

`

`with various issuing banks, with respect to customers and card holders, or even
`
`similar to a more centralized control, such as the one by American Express
`
`Cards). Thus, in general, there might be more than one kind of distributors of
`
`rights, issuing entities, contract providers, or kinds of tickets, each may have their
`
`own logos, terms, conditions, and associations, with possible reciprocal
`
`acceptances across boundaries of associations, for maximizing the acceptance
`
`areas and ease of use for customers, similar to the ATM cards and banks. After
`
`honoring the tickets, the theater owner can aggregate the tickets each day (for
`
`example), and gets reimbursed for those, similar to the relationship between Visa
`
` form, such as tags, grammar, or a new language.
`
`merchants and Visa Corporation. Again, the rights can be expressed in any
`
`
`
`The option to lease or buy the car can be added, with specification of
`
`model and color/ options on the car. The option of future tickets or seats can be
`
` or specifications.
`
`added in this scheme, as well, for even events with vague or not-yet-known dates
`
`Rights offering and granting:
`
`There is a process to make an offer. The user sends a request, and then
`
`a license is constructed. The construction of the license could be done by either
`
`the user or the distributor but in this example the distributor is assumed. The
`
`request is a subset of offer and the offer has one or more options. The distributor
`
`makes the offer available to the user sending the request (and to other users if
`
`NVA205459.1
`
`1 2
`
`Petitioner Apple Inc. - EX. 1023, p. 14
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 14
`
`

`

`
`
`
`that is the desire), and the user (including other users if applicable) makes a
`
`request. Then, the distributor looks at the request, and constructs the license
`
`(i.e. the rights to be granted). Note that the request can also be rejected, and
`
`thus, is not granted or that a counter proposal could be made. Also, when the
`
`distributor “looks" at the request this may be done automatically or with human
`
`intervention or both.
`
`The distributor is the person making something available to a user. The
`
`distributor could be the owner or provider or could be a “middle-man” such as a
`
`retailer or operator of a web site. The user could be the ultimate user (consumer)
`
`or a “middle—man” such as a retailer, whole~seller or reseller. The making of the
`
`offer (sending the request) could be on-line or off-line (web based, a telephony
`
`method of communication, or other method could be used).
`
`The grant is generated based on the dynamic information, the user’s
`
`information, and the request.
`
`As explained in some of our co-pending applications, which are
`
`incorporated herein by reference, the dynamic information may include any
`
`information related to pricing, status of the network, the traffic of a web site at
`
`each moment of time, discounts given, coupons given, the habits of the user,
`
`how many times the content has been used, for how long the content was used,
`
`where it was used, what is the geographical location of the user, how often the
`
`content is used, the quality of the content, resolution of the images, what is the
`
`security clearance of the user, if the user is within a trusted zone, or if the license
`
`is open license or if it is closed license (to list a few examples).
`
`NVA205459.1
`
`1 3
`
`
`
`Petitioner Apple Inc. - EX. 1023, p. 15
`
`Petitioner Apple Inc. - Ex. 1023, p. 15
`
`

`

`Dynamic information is information capable (although it need not actually
`
`be) of being changed or created by or by reference to a non-static element. For
`
`example, the dynamic information can be obtained based on a formula,
`
`database, curve, predetermined table, percentage of a value, a function,
`
`reference to other data (such as the prime rate of interest or the change in a
`
`stock market index) and/ or by a human intervention (of the user or distributor)
`
`and/ or user input.
`
`The parameters specified in the XrML (eXtensible rights Mark-up
`
`Language) (grammar) is also incorporated here by reference. Those parameters
`
`are also incorporated within the meaning of the dynamic information, described
`
`above.
`
`Generally, the dynamic information makes the DRM solution very flexible
`
`and powerful, and makes the right assignment very comprehensive for the
`
`content owner, thus, encouraging more DRM usage and acceptance in the
`
`market.
`
`The user’s information may include information such as the following
`
`parameters:
`
`the age of the user, the credit history of the user, credit limit of the
`
`user, income of the user, what kind of rights or licenses obtained, the password
`
`of the user, the key assigned to the user, club membership for access or
`
`discount, class of the user based on a predetermined criteria, or any other
`
`personal data, identification characteristics and other information. The
`
`distributor’s information may include some or all of the subjects of information as
`
`
`
`
`NVA205459.1
`
`1 4
`
`Petitioner Apple Inc. - EX. 1023, p. 16
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 16
`
`

`

`
`
`21:2“
`
`the user’s information and may include, for example, available options or
`
`variations, suppliers, shipping information, and other information.
`
`Protection of User’s Privacy:
`
`A service provider provides the conditions. A user wants access, and thus,
`
`has to satisfy those conditions. All of this is done automatically. (Other
`
`permutations of this example are explained elsewhere or will be evident to a
`
`person skilled in the art.)
`
`Internet and computer networks provide a very fast and convenient way
`
`for the distribution of the content. However, some of the content is not meant to
`
`be distributed, or the distribution of that content should be strictly limited as
`
`specified by the content owner (or as desired by the user). One example is
`
`personal or private data, for which different people have different tolerances, in
`
`terms of the manner of distribution, where it is distributed, who can look at it, or
`
`who should not be able to inspect, copy, distribute, or use it.
`
`One can treat private information as content, therefore, one can use the
`
`DRM solutions to safeguard the private data. A user may give his/ her private
`
`personal data to a web site, and the web site may sell the data to others (if the
`
`user has given such a right to the web site). One parameter is the tolerance level
`
`of the content owner, as can be quantified, and be represented by an integer or a
`
`descriptive name or other means. This tolerance value may be corresponded to
`
`geographical distribution limits, list of authorized users, list of unauthorized
`
`NVA205459.1
`
`1 5
`
`Petitioner Apple Inc. - EX. 1023, p. 17
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 17
`
`

`

`
`
`people (such as known hackers or infamous web sites), pre-defined levels of
`
`trust, pre-defined levels of security for different web sites, pre—defined levels of
`
`privacy for different web sites or other parameters or conditions. “Pre-defined”
`
`may also include definitions determined dynamically and are not limited to static
`
`definitions.
`
`The web sites can be rated by individuals, based on the votes counted, or
`
`can be rated by commercial or independent non-profit organizations which rate
`
`the web sites based on surprise audits, scheduled audits, and claims or rules set
`
`on the web site, compared against the criteria of the rater. It usually explains in a
`
`simple language what the policy is regarding the privacy, security, sale of data,
`
`what kind of data, how to stop hackers, who is the subsidiary or partner with the
`
`web site that can access the data free or for a fee, what income the web site is
`
`getting, how often, and from whom. If there is an unwanted leak of the
`
`information to the outside, the liability of the web site, in terms of monetary
`
`compensations or otherwise, can be stated as a parameter for calculation of the
`
`rating of the web site. Often, the web site is certified by a trusted organization,
`
`and its privacy policy is based on that organization’s policy.
`
`One parameter is to determine if the content owner is willing to sell his/
`
`her own personal data. Another set of parameters is the price limits (or other
`
`compensation or conditions) set on the personal data. For example, the content
`
`owner could get a percentage or a fixed fee (or other benefit such as “airline
`
`miles”) for each sale or transaction, or gets the aggregation of these micro-
`
`amounts at end of each month (or other period), based on the parameters
`
`NVA205459.1
`
`16
`
`
`
`Petitioner Apple Inc. - EX. 1023, p. 18
`
`Petitioner Apple Inc. - Ex. 1023, p. 18
`
`

`

`assigned and attached to the content or the license. This can be done in one
`
`clearing house or multiple clearing houses.
`
`in addition, search engines routinely
`
`search other web sites, and report to clearing houses any violation of the
`
`agreement or license, possible hacking or suspicious activities, which can be
`
`reported to the content owner and/ or the authorities.
`
`Sometimes, the personal data are aggregated or averaged for some
`
`economic, cultural, regional, national, medical or other reasons, in which the
`
`individual data for a specific person is not necessarily individually important, and,
`
`rather, the average, total, or trend for hundreds or millions of people is important.
`
`In this case the identity of individuals typically is not disclosed. The data may be
`
`used in the aggregate for any number of purposes, for example for a medical or
`
`census purpose by a non-profit or trusted organization to help society and the
`
`advancement of medicine.
`
`in these situations, one parameter could specify the
`
`purpose of the collection of data, and another parameter could specify how this
`
`data is being used (such as aggregate or average only (for example, the average
`
`age or average income of the people in the list)). Yet, another parameter could
`
`specify which section or part of the collection of personal data is permitted to be
`
`used for the purpose. The specification could be done using a user interface, for
`
`example, in a template form, with flags specifying each piece of information. For
`
`example, for a medical study, permission is given to access the age, height, and
`
`weight of the person, but not the name, income, credit card number, credit
`
`history, and address of the individuals. For a census or insurance study, the
`
`information accessible might include street address or zip codes, along with the
`
`
`
`
`
`
`NVA205459.1
`
`17
`
`Petitioner Apple Inc. - EX. 1023, p. 19
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 19
`
`

`

`number of the accidents in the past six months or the number of cars owned per
`
`household.
`
`The content owner can specify that the data may be exchanged in a
`
`clearing house with another data collection entity, to av