(12)
`
`United States Patent
`Hollar
`
`(10) Patent N0.:
`(45) Date of Patent:
`
`US 7,124,114 B1
`Oct. 17, 2006
`
`US0071241 l4Bl
`
`(54) METHOD AND APPARATUS FOR
`DETERMINING DIGITAL A/V CONTENT
`DISTRIBUTION TERMS BASED ON
`DETECTED PIRACY LEVELS
`
`(75) Inventor: Mark A. Hollar, Palo Alto, CA (US)
`
`(73) Assignee: Macrovision Corporation, Santa Clara,
`CA (Us)
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 794 days.
`
`(21) Appl. No.: 09/711,000
`
`(22) Filed:
`
`Nov. 9, 2000
`
`(51) Int- Cl‘
`(2006.01)
`H04L 9/00
`(52) US. Cl. ........................... .. 705/51; 705/57; 705/59
`(58) Field of Classi?cation Search ................ .. 705/26,
`705/51, 59, 75, 76, 57, 58; 713/176, 175,
`
`713/177; 725/104, 25; 380/202, 203
`See application ?le for Complete Search history
`
`(56)
`
`References Cited
`
`US. PATENT DOCUMENTS
`
`5,613,004 A
`5,892,900 A *
`6,115 1818 A *
`*
`6,405,203 B1 *
`
`,
`
`,
`
`3/1997 Cooperman et al.
`4/ 1999 Gintef et a1~ ------------- -- 713/200
`9/2000 Barton
`wanfet 3:‘ l """""""""
`6/2002 Collart ............... .. 707/10
`
`on Or e a .
`
`..
`
`..
`
`6,885,748 B1 *
`
`4/2005 Wang ....................... .. 380/201
`
`JP
`JP
`JP
`W0
`W0
`WO
`
`FOREIGN PATENT DOCUMENTS
`10.191036
`7/1998
`2000-106627
`4/2000
`2004070573
`* 3/2004
`WO 00/63861
`10/2000
`WO 00/70523
`10/2000
`WO02/29510
`4/2002
`
`OTHER PUBLICATIONS
`PCT Search Report for PCT/US01/31325 dated Nov. 25, 2002, 1
`page.
`Patent Abstract of Japan for JPl0-l9l036 published Jul. 21, 1998,
`1 Page
`Patent Abstract of Japan for JP2000-l06627 published Apr. 11,
`2000, 1 Page
`
`* cited by examiner
`Primary ExamineriElisca Pierre Eddy
`(74) Attorney, Agent, or FirmiVictor Okumoto
`
`(57)
`
`ABSTRACT
`
`_
`_
`_
`_
`_
`_
`_
`A d1str1but10n server d1str1butes A/V content to a rec1p1ent
`according to terms determined from information stored in a
`database of prior unauthorized copying attributed to that
`recipient. The copy distributed to the recipient includes
`identi?cations of the content and recipient embedded in it by
`an ID embedder employing a steganographic or Watermark
`ing technique. A detection server detects embedded lD’s in
`A/V content sampled from various distribution channels,
`and provides the ID information to the distribution server to
`update the database of Pnor unauthonzed Copymg'
`
`-
`
`-
`
`~
`
`6,438,235 B1 *
`8/2002 Sims, III . . . . .
`6,647,417 B1 * 11/2003 Hunter et a1.
`
`. . . .. 380/285
`709/225
`
`73 Claims, 12 Drawing Sheets
`
`1200
`
`13
`
`Distribution
`Channels
`
`Memory @
`1208
`AN Content
`
`1202
`Contractor
`Computer
`
`1218
`
`ID Embedder
`
`Memory 2%
`121 0
`AN Content
`
`1203
`Contractor
`Computer
`
`Memory 1205
`
`w
`AN Content
`
`1201
`Publisher
`Computer
`
`1204
`\ Contractor
`Computer
`
`Memory 1216
`
`M
`@
`Detection
`Terms/Piracy
`Sewer
`History
`g V
`
`1215
`
`ID Detector
`
`Petitioner Apple Inc. - Exhibit 1011, p. 1
`
`

`

`U.S. Patent
`
`Oct. 17,2006
`
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`Petitioner Apple Inc. - Exhibit 1011, p. 2
`
`

`

`U.S. Patent
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`Oct. 17,2006
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`Petitioner Apple Inc. - Exhibit 1011, p. 3
`
`

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`Oct. 17,2006
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`
`

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`U.S. Patent
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`Oct. 17,2006
`
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`Petitioner Apple Inc. - Exhibit 1011, p. 5
`
`

`

`U.S. Patent
`
`Oct. 17,2006
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`Petitioner Apple Inc. - Exhibit 1011, p. 6
`
`

`

`U.S. Patent
`
`Oct. 17,2006
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`Petitioner Apple Inc. - Exhibit 1011, p. 7
`
`

`

`U.S. Patent
`
`Oct. 17,2006
`
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`
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`Petitioner Apple Inc. - Exhibit 1011, p. 8
`
`

`

`U.S. Patent
`
`Oct. 17,2006
`
`Sheet 8 or 12
`
`US 7,124,114 B1
`
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`Petitioner Apple Inc. - Exhibit 1011, p. 9
`
`

`

`U.S. Patent
`
`Oct. 17, 2006
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`Petitioner Apple Inc. - Exhibit 1011, p. 10
`
`

`

`U.S. Patent
`
`Oct. 17,2006
`
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`
`US 7,124,114 B1
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`Petitioner Apple Inc. - Exhibit 1011, p. 11
`
`

`

`U.S. Patent
`
`Oct. 17, 2006
`
`Sheet 11 0f 12
`
`US 7,124,114 B1
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`Petitioner Apple Inc. - Exhibit 1011, p. 12
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`Petitioner Apple Inc. - Exhibit 1011, p. 12
`
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`

`

`U.S. Patent
`
`Oct. 17, 2006
`
`Sheet 12 0f 12
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`US 7,124,114 B1
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`Petitioner Apple Inc. - Exhibit 1011, p. 13
`
`Petitioner Apple Inc. - Exhibit 1011, p. 13
`
`
`
`
`
`
`
`
`
`
`

`

`US 7,124,114 B1
`
`1
`METHOD AND APPARATUS FOR
`DETERMINING DIGITAL A/V CONTENT
`DISTRIBUTION TERMS BASED ON
`DETECTED PIRACY LEVELS
`
`FIELD OF THE INVENTION
`
`The present invention generally relates to the distribution
`of copyrighted material and in particular, to a method and
`apparatus for determining digital audio-visual (“A/V”) con
`tent distribution terms based on detected piracy levels.
`
`BACKGROUND OF THE INVENTION
`
`The unauthoriZed copying and distribution (also referred
`to herein as “piracy”) of audio-visual content such as motion
`pictures, music, the spoken Word, photos or printed text has
`and continues to be a major problem for oWners of such
`content. For example, the Recording Industry Association of
`America (“RIAA”) has asserted that physical goods piracy
`costs the United States recording industry alone hundreds of
`millions of dollars a year, and around the World, many
`billions of dollars annually.
`With the advent of the Internet and the groWing popularity
`of digital A/V content, the problem of piracy has groWn to
`neW dimensions. The availability of these and other neW
`technologies have made the problem of unauthorized copy
`ing so pervasive that virtually anyone oWning a personal
`computer or Internet appliance can be a participant in
`copyright infringement. Under such circumstances, the
`rights of copyright oWners are increasingly being violated
`and their rightful pro?ts lost.
`
`Audio Distribution
`Music type A/V content, for example, is easily generated
`today from audio compact disc (“CD”) using “ripper” soft
`Ware. As shoWn in FIG. 1, to generate A/V content 104,
`original audio on a CD 101 is played on an optical drive 102
`and CD “ripper” softWare 103 creates the digital A/V content
`104 from the output of the optical drive 102. Preferably, the
`A/V content 104 is in the form of a computer ?le in the MP3
`format. A/V content 104 created in this Way is a quite
`accurate representation of the original audio. Once created,
`it is an easy matter to transfer the A/V content 104 over the
`Internet 111 to other parties Without the receiving parties
`paying for the rights to the audio. For example, the groWth
`of online music communities, such as can be found at
`WWW.napster.com, or formed as a Gnutella community
`through softWare made available at WWW.gnutella.Wego
`.com, facilitate a viral-type spread of audio content as music
`consumers broWse and transfer content freely and easily
`betWeen themselves Without compensation to the content
`oWners.
`FIG. 1 illustrates an example of a Napster virtual netWork
`100. A list server computer 105 has a memory 106 storing
`list data 107 that includes the identities of consumer client
`computers currently on-line, the music or other A/V content
`available from each consumer client computer, and the
`Internet connection speed associated With each consumer
`client computer. In this example, consumer client computers
`108, 109 and 110 are currently on-line, having contacted and
`made a connection With the list server computer 105 over the
`Internet 111. Consumer client computers 108, 109 and 110
`interact With the list server computer 105 in a classic
`client-server relationship to access the list data 107 over the
`Internet 111. This alloWs operators of consumer client com
`puters 108, 109 and 110 to then select Which music and from
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`Which other consumer client computer to transfer music
`from. For example, as depicted by dotted lines in FIG. 1, if
`the operator of consumer client computer 109 has selected
`A/V content 104 to doWnload from consumer client com
`puter 108, then consumer client computer 109 interacts With
`consumer client computer 108 in a client-server type manner
`to transfer a copy of the A/V content 104 to its memory 113.
`In the case of Napster-type sites such as depicted in FIG.
`1, the list server 105 doesn’t actually store music, nor does
`the music ever actually transit through the list server 105 or
`its memory 106. The list server 105 does maintain the
`centraliZed data list 107, hoWever, and consequently, the
`person or entity that generates the centraliZed data list 107
`on the list server 105 may be subject to legal liability. To
`avoid the visibility that the centraliZed data list serving
`entity provides, other methods for transferring music
`betWeen cooperating parties have been devised. One such
`method is the Gnutella community approach.
`FIG. 2. illustrates an example of a Gnutella virtual net
`Work 200. In this case, there is no list server. Each of the
`consumer computers 201, 202, 203 and 204 may act as either
`a client or a server, depending upon Whether it is receiving
`music from or transferring music to another consumer
`computer. When running the Gnutella application softWare,
`each of the consumer computers 201, 202, 203 and 204
`maintains a list of other consumer computers that it knoWs
`the IP address of in the Gnutella virtual netWork 200. A
`special feature of the Gnutella application softWare is that
`each of the consumer computers 201, 202, 203 and 204 need
`only knoW the IP address of one other consumer computer
`in the Gnutella virtual netWork 200 to provide access to all
`consumer computers 201, 202, 203 and 204 in the Gnutella
`virtual netWork 200. Each of the consumer computers 201,
`202, 203 and 204 is then able to submit search queries to the
`Gnutella virtual netWork 200 and receive search results.
`Thus, When an operator of one of the consumer computers
`201, 202, 203 and 204 ?nds a piece of music that he or she
`desires to obtain, they can indicate this to the Gnutella
`application softWare, and the Gnutella application softWare
`facilitates a direct transfer from a consumer computer
`including such music to the requesting consumer computer
`through the Internet 205. As an example, the solid lines
`betWeen the consumer computers 201, 202, 203 and 204 and
`the Internet 205 are representative of the transfer of search
`queries and search results betWeen the consumer computers
`201, 202, 203 and 204. The dotted lines, on the other hand,
`are representative of an actual transfer of a copy of music
`214 from the consumer computer 203 to the consumer
`computer 204 through the Internet 205 after the operator of
`consumer computer 204 has made a selection of that music.
`FIG. 3 illustrates an example of a coupling diagram for
`the Gnutella virtual netWork 200 Where Alice, Charlie, Eve
`and Bob are pseudonyms for consumer computers 201, 202,
`203 and 204 respectively. In the example, Alice knoWs that
`Charlie is coupled to the Gnutella virtual netWork 200 (i.e.,
`Charlie is on-line) since she knoWs his IP address, but does
`not knoW that Eve and Bob are coupled to the Gnutella
`virtual netWork 200; Charlie knoWs that Alice and Eve are
`coupled to the Gnutella virtual netWork 200 (i.e., Alice and
`Eve are online) since he has their IP addresses, but does not
`knoW that Bob is coupled to the Gnutella virtual netWork
`200; Eve knoWs that Bob and Charlie are coupled to the
`Gnutella virtual netWork 200 (i.e., Bob and Charlie are
`on-line) since she knoWs their IP addresses, but does not
`knoW that Alice is coupled to the Gnutella virtual netWork
`200; and Bob knoWs that Eve is coupled to the Gnutella
`virtual netWork 200 (i.e., Eve is on-line) since he knoWs her
`
`Petitioner Apple Inc. - Exhibit 1011, p. 14
`
`

`

`US 7,124,114 B1
`
`3
`IP address, but does not know that Alice and Charlie are
`coupled to the Gnutella virtual network 200. As can be
`appreciated, since Alice, Charlie, Eve and Bob do not know
`the identities of all other consumer computers coupled to the
`Gnutella virtual network 200, the Gnutella application soft
`ware provides protective anonymity to the unknown con
`sumer computers shielding them from detection and possible
`prosecution for copyright infringement.
`There have been initiatives to create secure environments
`for the download, distribution and listening of digital music
`from the Internet from groups such as the Secure Digital
`Music Initiative (SDMI). This system uses encryption to
`control access to music content and watermarks or embed
`ded data to control equipment (either to control recording or
`control playback) once the content has been decrypted. This
`system has the disadvantage that it requires introduction of
`a completely new class of portable music player devices
`before it is effective. If these devices prove to be unaccept
`able in the marketplace, then the SDMI system is ineffective
`and does nothing to encourage consumers to purchase legal
`copies of digital A/V content versus continuing to rip and
`transfer music derived from CD’s.
`
`20
`
`4
`may be the interface between a playback device (not shown)
`and the projector 405 or some point within the projector 405.
`Generally, a theater operator is under some obligation to
`the content owner to attempt to limit his customer’s attempts
`to illegally make copies with a camcorder within his theater.
`Obviously, he is also obligated to ensure that his employees
`who have access to movie content adhere to the law. As
`such, a copyright owner can legitimately argue that a theater
`which is a source of pirated movies should be obliged to
`compensate the copyright owner appropriately if that theater
`is a source of pirated content.
`
`Post-Production
`The current process for producing a movie entails the
`distribution of tasks among a large number of employees and
`contractors. As depicted in FIG. 5, with the rapid increase in
`the capability of computers and networks, such a process
`often involves the distribution of pieces of a movie or other
`A/V content from a central publisher computer 501 out to
`contractor computers 502, 503 and 504 to provide for a
`distributed work environment 500. This distributed work
`environment improves the ef?ciency of the production pro
`cess but also makes a greater portion of the A/V content 506
`vulnerable to copying or inappropriate re-distribution
`through pirate distribution channels 513. Piracy from the
`post-production work environment can sometimes even
`result in pirated movies hitting the street prior to theatrical
`release. Again, this negatively impacts the content owner’s
`revenue stream.
`
`OBJECTS AND SUMMARY OF THE
`INVENTION
`
`Accordingly, it is an object of the present invention to
`provide a method and apparatus for distributing A/V content
`and other protected material that compensates in some
`fashion rights holders of such material against losses
`incurred by unauthorized copying of the protected material.
`Another object is to provide a method and apparatus for
`generating a database of unauthorized copying of protected
`material for use in a method or apparatus for distributing
`A/V content and other protected material.
`These and additional objects are accomplished by the
`various aspects of the present invention, wherein brie?y
`stated, one aspect is a computer implemented method for
`distributing protected material. The method comprises
`ascertaining terms for providing a protected material to a
`prospective recipient according at least in part to informa
`tion of unauthorized copying of other protected material
`previously provided to the prospective recipient; and pro
`viding or withholding a copy of the protected material to the
`prospective recipient in accordance with the terms.
`Another aspect is an apparatus for distributing protected
`material. The apparatus includes a computer having a ?rst
`set of program code. The ?rst set of program code serves to
`ascertain terms for providing a protected material to a
`prospective recipient according at least in part to informa
`tion of unauthorized copying of other protected material
`previously provided to the prospective recipient. The ?rst set
`of program code also thereupon serves to provide or with
`hold a copy of the protected material to or from the pro
`spective recipient in accordance with the terms.
`Another aspect is a computer implemented method for
`generating a database of unauthorized copying of protected
`material. The method comprises: detecting at least one
`identi?cation embedded in a copy of protected material
`procured from a distribution channel; and storing informa
`
`Theatrical Presentation
`Movie content owners obtain a signi?cant portion of their
`return on investment in the production of a movie during the
`theatrical release. The theatrical release precedes the release
`to other channels such as in-?ight entertainment, cable TV
`pay-per-view channels or videotape in order to maximize the
`return on the investment. Content distributed illegally during
`the theatrical release represents a reduction in the content
`owner’s early rate of return. With current ?lm-based theat
`rical presentation, the use by pirates of a camcorder in a
`theater provides the primary mechanism for obtaining movie
`content during the theatrical release window.
`The introduction of digital content into theater operations
`allows for the use of automation systems in theaters. A
`theater automation system allows a theater owner to operate
`his facility with a smaller stalf size, to more rapidly ramp up
`and ramp down the number of screens available for any
`particular piece of content, and to provide for an overall
`improvement in the ef?ciencies of his operations. These
`theater automation systems also allow the theater operator to
`rapidly communicate box of?ce information to the distribu
`tor thus allowing the distributor and eventually the copyright
`holder to operate more ef?ciently.
`FIG. 4 illustrates an example of a digital theater system
`400 that allows for the distribution of movies in a high
`quality digital form. A distribution server 401 distributes the
`movies to a theater client 402 through a secure transmission
`path 403 using satellite or ?ber optic, or alternatively, by
`optical or magnetic media (not shown). The projection of the
`movie content in a digital theater is likely to provide a
`superior picture quality compared to ?lm thus making the
`movie displayed in this venue more desirable as the source
`for a movie pirate’s operation. The distribution server 401
`transmits encrypted content through the transmission path
`403 (or alternatively, the media) to enhance the content’s
`security, and the theater client 402 has a decrypter 404 for
`decrypting the movie before sending it to a projector 405 for
`display on a theater screen 406. Despite such protection,
`however, there are various points where the movie content
`is available in an insecure form. For example, a pirate
`camcorder 407 might record the movie playing on the
`theater screen 406 so that the recorded movie may be
`distributed through pirate distribution channels 408. As
`another example, other points of vulnerability to pirating
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`Petitioner Apple Inc. - Exhibit 1011, p. 15
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`US 7,124,114 B1
`
`5
`tion of the protected material according to the at least one
`identi?cation in a database so as to be indicative of unau
`thorized copying of the protected material.
`Another aspect is an apparatus for generating a database
`of unauthorized copying of protected material. The appara
`tus includes a computer having a ?rst set of program code.
`The ?rst set of program code serves to detect at least one
`identi?cation embedded in a copy of protected material
`procured from a distribution channel, and store information
`of the protected material according to the at least one
`identi?cation in a database so as to be indicative of unau
`thorized copying of the protected material.
`Still another aspect is an system for distributing protected
`material, and detecting unauthorized copying of such mate
`rial. The system includes a detection server having a ?rst
`program for detecting identi?cations embedded in copies of
`protected materials procured from at least one distribution
`channel, and storing information of the protected materials
`according to the identi?cations in a database so as to be
`indicative of unauthorized copying of the protected material.
`The system also includes a distribution server having a
`second program for ascertaining terms for providing a copy
`of a protected material to a prospective recipient according
`at least in part to the information in the database, and
`providing or Withholding a copy of the protected material to
`the prospective recipient in accordance With the terms.
`Additional objects, features and advantages of the various
`aspects of the present invention Will become apparent from
`the folloWing description of its preferred embodiments,
`Which description should be taken in conjunction With the
`accompanying drawings.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 illustrates, as an example, a block diagram of a
`Napster virtual network.
`FIG. 2 illustrates, as an example, a block diagram of a
`Gnutella virtual netWork.
`FIG. 3 illustrates, as an example, a netWork diagram of a
`Gnutella virtual netWork.
`FIG. 4 illustrates, as an example, a block diagram of a
`digital theater system.
`FIG. 5 illustrates, as an example, a block diagram of a
`distributed Work environment.
`FIG. 6 illustrates, as an example, a block diagram of a
`distribution server system for directly distributing A/V con
`tent, utilizing aspects of the present invention.
`FIG. 7 illustrates, as an example, a block diagram of a
`distribution server system for indirectly distributing A/V
`content, utilizing aspects of the present invention.
`FIG. 8 illustrates, as an example, a How diagram of a
`method of distributing protected material, utilizing aspects
`of the present invention.
`FIG. 9 illustrates, as an example, a block diagram a
`detection server system for generating a database of unau
`thorized copying of A/V content, utilizing aspects of the
`present invention.
`FIG. 10 illustrates, as an example, a How diagram of a
`method of generating a database of unauthorized copying of
`protected material, utilizing aspects of the present invention.
`FIG. 11 illustrates, as an example, a system for distrib
`uting A/V content to digital theaters and detecting unautho
`rized copying of such A/V content, utilizing aspects of the
`present invention.
`
`6
`FIG. 12 illustrates, as an example, a system for distrib
`uting A/V content to contractors and detecting unauthorized
`copying of such A/V content, utilizing aspects of the present
`invention.
`
`DETAILED DESCRIPTION OF THE
`PREFERRED EMBODIMENT
`
`As used herein: the terms “material” and “content” may
`be used interchangeably; “audio-visual content” or “A/V
`content” includes motion pictures, music, the spoken Word,
`photos or printed text; “protected material” means material
`protected by contract or intellectual property laW, and
`includes A/V content; “recipient” means a party or a com
`puter that has received protected material; “prospective
`recipient” means a party or a computer that has requested
`protected material; and “computer” includes a Workstation,
`a personal computer, an information appliance, a set top
`box, and any other connected device having bi-directional
`communications capability.
`
`Distribution Server
`FIG. 6 illustrates a distribution server system 600 for
`directly distributing A/V content 603. Three distribution
`means are depicteditangible media such as compact disc
`(“CD”) or digital versatile disc (“DVD”) 608, the Internet
`609, and a direct line connection 613. In a given application
`of the distribution server system 600, any one, tWo or all
`three of these distribution means may be employed. Also
`depending on the application, the A/V content 603 may take
`different forms such as one or more movies, one or more
`music recordings, one or more publications, or combinations
`of such different forms. The tangible media may also take
`different forms such as magnetic disk or tape, or any other
`tangible media upon Which A/V content can be stored for
`future playback.
`As an example, in a music distribution application, con
`sumers may doWnload selections of music recordings stored
`in memory 602 as A/V content 603 through the Internet 609.
`As another example, in a digital theater application, some
`theater clients may receive selections of movies stored in
`memory 602 as A/V content 605 through the direct line
`connection 613. Alternatively, other theater clients may
`receive selections of movies through hard media such as
`DVD 608. As still another example, in a post-production or
`distributed Work environment application, contractors may
`receive A/V content 603 for further processing or post
`production Work through any one of the distribution means.
`Included in the distribution server system 600 are a
`distribution server computer 601 that processes requests for
`selections from the A/V content 603, a database 606 stored
`in memory 605 including terms of distribution and certain
`information regarding prospective recipients of the selec
`tions, and an identi?cation (“ID”) embedder 604 for embed
`ding a content identi?cation and a recipient identi?cation on
`a copy of each selection prior to providing that copy to the
`recipient. A CD Writer 607 is also included When a copy of
`the selection is provided on a CD.
`Embedding of the content identi?cation (e.g., a unique
`identi?cation number for a selected musical recording,
`movie or publication) and the recipient identi?cation (e.g.,
`consumer credit card number, computer serial number, or
`netWork interface card IP address) by the ID embedder 604
`is performed using a steganographic technique so as to deter
`removal of such information from the copy being provided.
`Steganographic techniques are especially useful for this
`purpose, because the embedded information is hard to
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`Petitioner Apple Inc. - Exhibit 1011, p. 16
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`US 7,124,114 B1
`
`7
`detect, and attempts to remove such information generally
`result in severe degradation of the remaining material.
`Alternatively, Watermarking techniques may also be used to
`embed the content and recipient identi?cations on the copy
`to be provided.
`The database 606 may be given different names depend
`ing upon the application that the distribution server system
`600 is being used for. For example, in applications Where
`A/V content 603 is being leased or sold, it may be referred
`to as a “Price Structure” database. In applications involving
`contractors, it may be referred to as a “Bid Structure”
`database. Regardless of its name, the database 606 contains
`tWo basic types of informationialgorithms or formulas for
`determining terms for providing a copy of the selected
`content from the A/V content 603, and information of
`unauthorized copying of other A/V content previously pro
`vided to recipients of such A/V content. This latter type of
`information is referred to as the recipient’s “piracy history”,
`and provides the basis for adjustment of the standard terms
`and conditions for a prospective recipient through the pro
`vided algorithm or formula. The adjustment could take the
`form, for example, of a discount to standard pricing for a
`good piracy history, a premium to standard pricing or
`complete Withholding of a requested selection for a bad
`piracy history, or perhaps issuance of coupons for subse
`quent purchases or even aWards of some other kind depend
`ing upon the prospective recipient’s piracy history.
`The recipient identi?cation may take a number of differ
`ent forms. Where a recipient computer such as 610 or 614 is
`used to communicate With the distribution server 601 to
`request and receive selections of the A/V Content 603, the
`recipient identi?cation may be the unique serial number of
`the computer’s microprocessor, or unique IP address asso
`ciated With the computer’s netWork interface card. Alterna
`tively, the recipient identi?cation may be associated With the
`operator of the recipient computer or the individual request
`ing the selection Without the use of a computer. In such
`cases, a credit card number of the operator or the individual
`may be used for the recipient identi?cation. Alternatively,
`electronic signatures or biometric information may be used
`for the recipient identi?cation as use of such become
`accepted in electronic commerce.
`The release of credit card information may potentially be
`vieWed as less intrusive, and already a part of a consumer’s
`normal e-commerce transaction psychology, then the col
`lection of biometric information on the consumer or the
`serial number or IP address associated With the consumer’s
`computer. While some consumers may be loathe to reveal
`their credit card information, a pricing differential based on
`their Willingness to alloW that information to be embedded
`in the received copy of their selection is also possible (i.e.,
`alloW the embedding of the information and obtain a dis
`counted rate, or prohibit the embedding and pay a premium
`rate). To enhance privacy, an encrypted version of the credit
`card number or an index number or alias that is related to the
`purchaser’s credit card number may alternatively be used as
`the recipient identi?cation.
`If a prospective recipient spoofs the identi?cation of
`another, then subsequent detection of unauthorized copying
`for selections of A/V content 603 provided to the spoo?ng
`recipient could be Wrongly attributed to the spoofed party.
`This Would negatively impact the spoofed party While
`removing any impact to the spoo?ng recipient. To minimiZe
`such activity, a secure channel betWeen the prospective
`recipient and the distribution server 601 is desirable. In
`addition, a means for the distribution server 601 to authen
`ticate the identi?cation of the prospective recipient Would be
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`necessary. Any one of a number of authentication protocols
`are available for this purpose (see, e.g., Schneier, Bruce,
`Applied Cryptography: Protocols, Algorithms, and Source
`Code in C, 2nd Edition, John Wiley & Sons, 1995).
`FIG. 7 illustrates a distribution server system 700 for
`indirectly distributing A/V content 703. The distribution
`server system 700 is indirect, because the consumer pur
`chases a CD 711 through a re