United States Patent [19J
`Horstmann
`
`I lllll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111
`US006009525A
`[11] Patent Number:
`[45] Date of Patent:
`
`6,009,525
`Dec.28,1999
`
`[54] MULTI-TIER ELECTRONIC SOFTWARE
`DISTRIBUTION
`
`[75]
`
`Inventor: Cay S. Horstmann, Cupertino, Calif.
`
`[73] Assignee: Preview Systems, Inc., Cupertino,
`Calif.
`
`[21] Appl. No.: 08/921,394
`
`[22]
`
`Filed:
`
`Aug. 29, 1997
`
`[51]
`[52]
`[58]
`
`Int. Cl.6
`........................................................ H04L 9/00
`U.S. Cl. ................................................. 713/200; 380/4
`Field of Search ............................... 395/186, 187.01,
`395/188, 600, 700, 726; 380/1.4, 25, 21-24,
`46, 49, 42-45, 55; 379/93.12, 91.02; 364/286.4,
`286.5, 286.6; 713/200, 201, 202
`
`[56]
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`4,864,494
`4,953,209
`5,023,907
`5,138,712
`5,142,578
`5,182,770
`5,341,429
`5,509,070
`5,530,752
`5,594,904
`5,628,015
`5,636,277
`5,642,417
`5,666,411
`
`9 /1989 Kobus, Jr. . ... .... ... ... ... ... ... .... ... . 364/200
`8/1990 Ryder, Sr. et al.
`....................... 380/23
`6/1991 Johnson et al. ............................. 380/4
`8/1992 Corbin .................................... 395/700
`8/1992 Matyas et al. . ... ... ... ... .... ... ... ... .. 380/21
`1/1993 Medveczky et al. ....................... 380/4
`8/1994 Stringer et al. ... ... ... ... ... .... ... ... .. 380/23
`4/1996 Schull ......................................... 380/4
`6/1996 Rubin .......................................... 380/4
`1/1997 Linnermark et al. ... ... ... .... ... ... 395 /704
`5/1997 Singh ...................................... 395/186
`6/1997 Nagahama .................................. 380/4
`6/1997 Stringer ....................................... 380/4
`9/1997 McCarty ..................................... 380/4
`
`5,729,594
`5,745,569
`5,758,069
`5,790,664
`5,864,620
`
`3/1998 Klingman ............................. 379/93.12
`4/1998 Moskowitz et al. ........................ 380/4
`5/1998 Olsen ................................. 395/187.01
`................................ 380/4
`8/1998 Coley et al.
`1/1999 Pettitt .......................................... 380/4
`
`OTHER PUBLICATIONS
`
`IAC New Prod. Annon.," IBM InfoMarket Services", IAC
`New Prod. Annon. (Dialog file 621), 1-3, Oct., 1995.
`
`Primary Examiner~y V. Hua
`Assistant Examiner---Nadeem Iqbal
`Attorney, Agent, or Firm-Burns, Doane, Swecker &
`Mathis LLP
`
`[57]
`
`ABSTRACT
`
`Methods of electronic software distribution are provided in
`which software products may be wrapped by their publishers
`in a straightforward, secure manner, but in such a way as to
`allow for the addition of information by downstream distri(cid:173)
`bution channel partners, e.g., distributors and merchants
`(resellers). Distribution policies, or business rules, govern(cid:173)
`ing the distribution process may be fixed by the software
`publisher or may be left to the discretion of channel partners.
`The software product itself, however, is secured against
`tampering or inadvertent infection by a virus. A tool facili(cid:173)
`tates the foregoing incremental wrapping process without
`requiring sophistication in computer technology on the part
`of channel partners. The publisher may use a conventional
`setup tool of the publisher's choice to prepare a setup file set
`for distribution. That is, the wrapping tool need not influence
`the publisher's choice of setup tools.
`
`10 Claims, 5 Drawing Sheets
`
`PROD.EXE
`
`OTHER
`FILES
`
`INSTALL
`TOOL
`
`SOFTWARE
`PUBLISHER
`
`"BOB" FILE(S)
`WITH COMMERCE
`
`FURTHER AUGMENTED
`BOB (INCLUDES
`PRODSETUP.EXE)
`
`IPR2017-00184
`UNIFIED EX1014
`
`

`
`U.S. Patent
`
`Dec.28,1999
`
`Sheet 1 of 5
`
`6,009,525
`
`PROD.EXE
`
`I
`
`OTHER
`FILES
`
`I
`
`SOFTWARE
`PUBLISHER
`
`INSTALL
`TOOL
`
`SETUP
`FILE(S)
`
`WRAPPING
`TOOL
`
`"BOB" FILE(S)
`WITH COMMERCE
`------------------i---------------------
`
`DISTRIBUTOR
`
`WRAPPING
`TOOL
`
`AUGMENTED
`BOB
`
`------------------1---------------------
`
`WRAPPING
`TOOL
`
`MERCHANT
`
`FURTHER AUGMENTED
`BOB {INCLUDES
`PRODSETUP.EXE)
`
`t=IG 1
`rf •-
`
`

`
`U.S. Patent
`
`Dec.28,1999
`
`Sheet 2 of 5
`
`6,009,525
`
`PROD.EXE
`
`___... WRAPPING
`TOOL
`
`PROD.EXE
`+
`COMMERCE
`I
`
`OTHER
`FILES
`
`I
`
`SOFTWARE
`PUBLISHER
`
`INSTALL
`TOOL
`
`SETUP
`FILE(S)
`
`WRAPPING
`TOOL
`
`"BOB"
`FILE(S)
`
`----------------------r------------
`
`DISTRIBUTOR
`
`WRAPPING
`TOOL
`
`AUGMENTED
`BOB
`
`-----------------------[------------
`
`MERCHANT
`
`WRAPPING
`TOOL
`
`FURTHER AUGMENTED
`BOB (INCLUDES
`PRODSETUP.EXE)
`
`r1G 2
`rJ
`•-
`
`

`
`U.S. Patent
`
`Dec.28,1999
`
`Sheet 3 of 5
`
`6,009,525
`
`BEFORE:
`WINWORD.EXE
`
`HEADER
`
`STARTING ADDR
`
`PROGRAM CODE
`
`~ -
`
`AFTER:
`WINWORD.EXE
`
`HEADER
`
`STARTING ADDR
`
`PROGRAM CODE
`(ENCRYPTED)
`
`PROGRAM DATA
`
`PROGRAM DATA
`
`GUARD CODE
`
`--
`
`'"
`
`FIG._3
`
`BEFORE:
`WINWORD.EXE
`
`HEADER
`
`STARTING ADDR
`
`PROGRAM CODE
`
`PROGRAM DATA
`
`AFTER:
`WINWORD.EXE
`
`I GUARD CODE
`
`WINWORD.ENC
`
`HEADER
`
`STARTING ADDR
`
`PROGRAM CODE
`(ENCRYPTED)
`
`PROGRAM DATA
`
`FIG._4
`
`

`
`d •
`\JJ.
`•
`~
`~ ......
`~ = ......
`
`~
`~
`ri
`N
`~CIO
`"'""
`\C
`\C
`\C
`
`'Jl =(cid:173)~
`~ .....
`
`.i;;..
`0 .....,
`Ul
`
`0--,
`
`.... = = \C
`
`....
`Ul
`N
`Ul
`
`TEMPORARY
`DIRECTORY
`
`SYSTEM
`DIRECTORY
`
`®
`
`E
`SETUP.EX
`UNCOMPRES
`SES s
`AND GOPIE
`
`PROGRAM Fl LES
`
`END-USER-
`SELECTED
`PRODUCT
`DIRECTORY
`
`- -
`
`·- I
`I
`I SETUP I
`
`.EXE
`
`.
`. -. RULE SET
`
`DISTRIB .
`
`-~
`
`
`
`PROGRAM
`.EXE
`
`WRAPPER
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`
`®
`
`INSTALL
`STUB COPIES,
`DECRYPTS, RUNS
`SETUP.EXE
`
`I
`CD
`
`INSTALL
`STUB COPIES
`
`I
`
`©
`
`WRAPPER
`OF PROGRAM.EXE
`READS
`
`FIG._7
`
`SECURED
`INSTALLATION
`FILE SET
`
`SECURED
`INSTALLATION
`FILE SET
`
`DISTRIBUTION
`RULE SET
`
`INSTALL
`STUB
`
`USER-INSTALLABLE
`.EXE
`
`FIG._5
`
`DISTRIBUTION
`RULE SET
`
`INSTALL
`STUB
`
`USER-INSTALLABLE
`.EXE
`
`

`
`PROGRAM
`.EXE
`
`WRAPPER
`
`- SETUP TOOL:
`COMPRESS
`AND PACK
`INTO A SINGLE
`FILE
`
`/
`
`1
`/
`I
`
`OTHER
`FILES
`USED BY
`PROGRAM
`
`•
`•
`•
`
`-~
`
`•
`•
`•
`
`SETUP
`RULE SET
`
`----1
`
`SETUP
`.EXE
`
`1---
`
`INSTALLATION
`FILE SET
`
`PROGRAM
`FILES
`
`FIG._6
`
`--WT:
`// ENCYRPT
`AND PACK
`INTOASINGLE
`FILE
`
`I
`I
`I
`I
`I
`I
`I
`I
`
`I --
`
`•
`•
`•
`
`DISTRIBUTION
`RULE SET
`
`I
`
`--WT:
`// MAKE
`END-USER
`INSTALLABLE
`PRODUCT
`
`/
`1
`
`SECURED
`INSTALLATION
`FILE SET
`
`.
`
`DISTRIBUTION
`RULE SET
`
`INSTALL
`STUB
`
`USER-INSTALLABLE
`.EXE
`
`d •
`\JJ.
`•
`~
`~ ......
`~ = ......
`
`~
`~
`ri
`N
`~CIO
`'"""'
`\C
`\C
`\C
`
`'Jl =(cid:173)~
`~ .....
`Ul
`0 .....,
`Ul
`
`0--,
`
`.... = = \C
`
`....
`Ul
`N
`Ul
`
`

`
`6,009,525
`
`1
`MULTI-TIER ELECTRONIC SOFTWARE
`DISTRIBUTION
`
`BACKGROUND OF THE INVENTION
`
`1. Field of the Invention
`The present invention relates to electronic software dis(cid:173)
`tribution (ESD).
`2. State of the Art
`Conventionally, software has been distributed in shrink(cid:173)
`wrap form. That is, disk copies of a piece of software have
`been packaged and shrinkwrapped, usually together with
`user's manuals. Boxes of shrinkwrapped software are then
`moved through distribution channels, with payment being
`made in the usual commercial fashion.
`With the widespread use of CD ROMs, expensive manu(cid:173)
`als are increasingly being dispensed with in favor of on-line
`manuals, i.e., manuals stored on CD ROM. The software and
`its documentation have been merged together. Furthermore,
`with the proliferation of inexpensive, high capacity hard 20
`drives, either on a stand-alone computer or a network server,
`and widespread Internet access (through increasingly high
`speed "pipes"), it is now possible to distribute software
`electronically by allowing customers to download the soft-
`ware from a server.
`So long as the owner of the software (i.e., the software
`publisher) retains possession and control of the software
`being distributed, things go relatively smoothly. The threat
`of unauthorized copying still remains, but is not especially
`aggravated as compared to the same threat in the case of
`conventional software distribution.
`Software publishers, however, often do not wish to open
`and maintain a "storefront" for electronic software
`distribution, and often do not have sufficient market reach or
`presence to effectively distribute the software that they have
`produced. A software publisher may therefore wish to "team
`up" with one or more "channel partners" in order to effec(cid:173)
`tively carry out electronic software distribution. In such an
`arrangement, the software publisher puts a software product 40
`within the possession and control of one or more (and
`possibly hundreds of) channel partners. Safeguarding the
`software (e.g., to avoid contamination by viruses) becomes
`an issue of vital importance, as does reporting. Inventorying
`software in electronic form is much more susceptible to 45
`duplicity and fraud than inventorying boxes of software.
`To facilitate electronic software distribution, clearing(cid:173)
`houses have emerged. A clearinghouse functions as a kind of
`escrow agent for the software publisher and channel part(cid:173)
`ners. Software products for electronic distribution are locked
`(using encryption). The clearinghouse holds unlock keys for
`software products and reports to the other parties whenever
`an unlock key is requested by and released to a customer.
`The clearinghouse typically also receives payment from the
`customer and credits the account of the appropriate channel 55
`partner.
`Electronic software distribution may follow a buy-before(cid:173)
`you-try (Buy(fry) model or a try-before-you-buy (Try/Buy)
`model. Buy(fry is the conventional model used in packaged
`software distribution: the customer must first buy the pack- 60
`age before the customer is able to use it. In the Try/Buy
`model, the customer is allowed to try the software for a
`period of time before being required to either buy the
`software or discontinue use of the software. Try/Buy can
`operate to the advantage of both the customer (allowing the 65
`customer to become acquainted with the product before
`deciding whether to buy it) and the software publisher
`
`2
`(affording more customers an opportunity to try and ulti(cid:173)
`mately buy the product). Try/Buy, however, does introduce
`further complexity into electronic software distribution. The
`Software Publishers Association has issued guidelines for
`5 Try/Buy electronic software distribution, available at the
`Web page http://www.spa.org.
`Wrapper technology providers are responsible for provid(cid:173)
`ing secure encryption technology for Buy/Try and Try/Buy
`purchases. In the case of Try/Buy, the user downloads and
`10 installs the product. The product is altered in such a way that
`the potential customer can use the product a limited number
`of times, a limited amount of time, or is functionally
`"crippled" in some way. At the end of the trial period, the
`user either purchases the product or deletes the "wrapped"
`15 version. If the product is purchased, the clearinghouse
`provides the customer a key that "breaks the shrinkwrap"
`and permanently installs the product.
`Existing wrapping technologies for electronic software
`distribution suffer from significant drawbacks. Wrapping is
`typically performed in a laboratory-like environment in a
`semi-custom (or ad hoc) manner by companies having
`special expertise. The process may have a turn-around time
`of several days to several weeks, depending on the com(cid:173)
`plexities that arise in the wrapping of a particular product.
`Furthermore, wrapping typically follows a "wrap once" in
`which no further information may be added to the wrapped
`product. Such a model does not lend itself to channelization
`in cooperation with multiple (possibly very numerous) chan(cid:173)
`nel partners. Different wrappings would have to be carried
`30 out for different channel partners. Also, separate processes
`and tools have typically been required for Buy(fry wrapping
`and Try/Buy wrapping. There is therefore a need for elec(cid:173)
`tronic software distribution methods that overcome the
`foregoing disadvantages.
`
`25
`
`35
`
`SUMMARY OF THE INVENTION
`
`The present invention, generally speaking, provides for
`methods of electronic software distribution in which soft(cid:173)
`ware products may be wrapped by their publishers in a
`straightforward, secure manner, but in such a way as to allow
`for the addition of information by downstream distribution
`channel partners, e.g., distributors and merchants (resellers).
`Distribution policies, or business rules, governing the dis(cid:173)
`tribution process may be fixed by the software publisher or
`may be left to the discretion of channel partners. The
`software product itself, however, is secured against tamper(cid:173)
`ing or inadvertent infection by viruses. A tool facilitates the
`foregoing incremental wrapping process without requiring
`50 sophistication in computer technology on the part of channel
`partners.
`
`BRIEF DESCRIPTION OF THE DRAWING
`
`The present invention may be further understood from the
`following description in conjunction with the appended
`drawing. In the drawing:
`FIG. 1 is a flow diagram of a multi-tier distribution
`process used to produce a Buy/Try customer downloadable
`file;
`FIG. 2 is a flow diagram of a multi-tier distribution
`process used to produce a Try/Buy customer downloadable
`file;
`FIG. 3 is a diagram of a first wrapper mechanism;
`FIG. 4 is a diagram of a second wrapper mechanism;
`FIG. 5 is a diagram representing an end-user installable
`product produced by the process of FIG. 2;
`
`

`
`6,009,525
`
`3
`FIG. 6 is an alternative representation of the process of
`FIG. 2, useful for understanding the secondary setup pro(cid:173)
`cess; and
`FIG. 7 is a diagram of the secondary setup process.
`
`DETAILED DESCRIPTION OF IBE
`PREFERRED EMBODIMENTS
`
`5
`
`15
`
`4
`software may be sold by any one of a multitude of parties
`within a distribution network, this code also refers to the
`distribution rule set to determine to whom payment is to be
`made.
`The foregoing arrangement results from the requirement
`that the channel partners be able to make changes to the
`distribution rule set. More particularly, a tool cannot make
`changes to a file that is included in the setup file or file set,
`because the setup file set can be created by any of a number
`10 of different tools that use different compression and packing
`methods to store the application files. Therefore the wrap(cid:173)
`ping tool must manage the distribution rule set separately
`from the setup file set.
`When the software publisher has finished with the BOB,
`the BOB may then be passed along to a channel partner and,
`optionally, from channel partner to channel partner through
`any number of tiers of the multi-tier distribution network.
`Each channel partner uses a tier-specific privilege file
`(which is password protected) to add to the distribution rule
`set information within its privilege level. The distribution
`20 rule set is then resecured. Preferably, the wrapping tool
`automatically handles the unencryption/reencryption of the
`distribution rule set in a manner completely transparent to
`the channel partners. In an exemplary embodiment, the
`privilege structure is such as to prevent interference of
`25 channel partners with one another. For example, once the
`distribution rule set has been "touched" by a first channel
`partner of a given tier, subsequent channel partners within
`that same tier are not allowed access.
`At each stage of the distribution process, the publisher and
`30 the publisher's channel partners add information to the
`distribution rule set as shown in Table 1.
`
`The present invention may be embodied in a "wrapping"
`software toolkit for use in electronic software distribution.
`(The terms "toolkit" and "tool" are used interchangeably
`herein.) Desirably, a single such tool should:
`1. Allow software publishers to add electronic commerce
`and, optionally, Try/Buy capabilities to software products;
`2. Allow software publishers to secure the software prod(cid:173)
`uct against contamination or tampering;
`3. Allow software publishers to set distribution policies or
`to allow distribution policies to be set further down the
`distribution chain;
`4. Allow one or more channel partners within one or more
`distribution tiers to add identifying information and,
`optionally, to set distribution policies; and
`5. Prevent interference of channel partners with one
`another.
`The manner in which these objectives may be obtained
`will be described in detail. Further details regarding software
`protection and software self-modification, respectively, may
`be found in U.S. application Ser. Nos. 08/921272, and
`08/921402 (Atty. Dkt. Nos. 031994-003 and 031994-007),
`filed on even date herewith and incorporated herein by
`reference.
`In the conventional software publishing process, the soft(cid:173)
`ware publisher produces either a setup file set (in the case of
`floppy or CD distribution) or a single "self-extracting" setup
`file (in the case of on-line or electronic distribution). The
`setup file may be produced using a tool such as Install
`Shield™. To enable electronic distribution in accordance
`with the foregoing objectives, modifications are required to
`the executable file, the setup file, or possibly both, depend(cid:173)
`ing on the distribution model (Try/Buy, Buy/Try, etc.).
`Referring first to FIG. 1, the modifications for Buy/Try
`will first be described. Assume an executable program
`PROG.EXE. Using a conventional tool, a setup file (for
`customer installation) is produced from the executable and
`other ancillary files. The software publisher performs this
`step in the normal way using the same tool as in conven(cid:173)
`tional software distribution. No modifications are required.
`The resulting setup file is typically compressed and may also
`be, in large part, encrypted.
`The software publisher then uses the present wrapper tool,
`modifying the setup file to produce a downloadable binary
`file (a "bag of bits," or BOB). In an exemplary embodiment,
`the modifications performed during this step are threefold.
`First, the setup file is wrapped (encrypted) so that it cannot 55
`be tampered with by other channel partners. Second, a
`distribution rule set is added external to the setup file. The
`distribution rule set contains, initially, instructions by the
`publisher. Adding the distribution rule set external to the
`setup file allows it to be edited by other channel partners. 60
`The distribution rule set is not part of the setup file that the
`publisher puts together and then wraps securely. Third, code
`is added that provides electronic commerce capabilities. The
`electronic commerce portion of the code provides for elec(cid:173)
`tronic purchase of the software on-line using a credit card or 65
`some other method of electronic payment such as electronic
`cash or a pre-approved corporate credit line. Since the
`
`TABLE 1
`
`Party
`
`Inputs to Distribution rule Set
`
`Tool Vendor
`Publisher
`
`Distributor
`
`Merchant
`
`Secured password structure
`Publisher ID
`Product identifier
`End User License Agreement (EULA)
`Distributor ID
`Clearinghouse key (for confidentiality between
`customer and clearinghouse)
`Clearinghouse comm. parameters
`Product unlock verification key
`Merchant ID
`Product price
`Merchant's clearinghouse account
`
`35
`
`40
`
`45
`
`The distribution rule set contains a secure password data
`structure administered by the tool vendor. At each stage, the
`publisher, distributor and merchant input their respective
`50 IDs into the license file. The distributor, in addition to its ID,
`inputs clearinghouse information. The merchant, in addition
`to its ID, inputs the product price and the merchant's
`clearinghouse account number. The inputs of the publisher
`may include product identification and a EULA agreement.
`Hence, to summarize the process of producing a Buy /Try
`customer downloadable file as illustrated in FIG. 1, the
`software publisher downloads the BOB to a distributor. The
`distributor uses the wrapping tool which decrypts the dis(cid:173)
`tribution rule set and allows the distributor to add the
`appropriate information to the distribution rule set (which is
`then re-encrypted) and downloads the BOB to a merchant.
`The merchant likewise adds appropriate information to the
`distribution rule set. The resulting file is a securely wrapped
`end-user installable package.
`In Buy/Try distribution, to break the wrapper, a key is
`required which is typically delivered via the internet,
`telephone, etc.
`
`

`
`Tool Vendor
`10 Publisher
`
`15
`
`Distributor
`
`Merchant
`
`5
`Referring now to FIG. 2, the modifications required for
`Try/Buy (the advantages of which have been described
`previously) will be described. Assume the same executable
`program PROG.EXE. Using the same wrapper tool WT, the
`executable is "wrapped" by adding code that provides both 5
`Try/Buy and electronic commerce capabilities. The Try/Buy
`portion of the code allows or disallows execution of the
`program in accordance with trial policies (e.g., 30 day trial)
`stored in a license file, described hereinafter. The electronic
`commerce portion of the code is as previously described.
`The "wrapping" process of augmenting an executable
`with code for electronic commerce and Try/Buy is known
`per se in the art and may be accomplished in a conventional
`manner. Wrapping of the program executable may be
`accomplished by "code injection" or by other alternative
`mechanisms. Referring to FIG. 3, in the code injection
`approach, wrapping is achieved by: 1) encrypting the pro(cid:173)
`gram code; 2) adding guard code to the program executable;
`and 3) changing the starting address pointer within the
`application header to point to, instead of beginning of the
`program code, the beginning of the guard code. Referring to 20
`FIG. 4, in an alternative approach, the program code is
`encrypted and executable guard code is provided apart from
`the original executable. A program loader (not shown) starts
`out by executing the guard code that tests whether the user
`may proceed. It then decrypts and loads the original pro- 25
`gram. The chief difference between the two methods is that,
`in the second method, the guard code is in a separate file,
`rather than attached to the end of the executable.
`Referring again to FIG. 2, assuming that the executable
`has been injected, for example, then, using a conventional
`tool, a setup file (for customer installation) is produced from
`the injected executable and other ancillary files. Again, the
`software publisher performs this step in the normal way
`using the same tool as in conventional software distribution.
`No modifications are required. The resulting setup file is 35
`typically compressed and may also be, in large part,
`encrypted.
`The software publisher then uses the present wrapper tool
`a further time, modifying the setup file to produce a down(cid:173)
`loadable binary file, or BOB. In an exemplary embodiment, 40
`the modifications performed during this step are threefold.
`First, the setup file is wrapped (encrypted) so that it cannot
`be tampered with by other channel partners. Second, a
`distribution rule set is added external to the setup file as
`described previously. Third, the setup file is further aug- 45
`mented by adding an installation stub that the customer can
`start (the original setup file having been wrapped).
`The resulting file is a downloadable binary file (a BOB),
`shown in FIG. 5. The setup file is securely wrapped.
`Distribution information has been added external to the 50
`setup file, and an installation stub has been added to run the
`original setup file and to put the distribution information into
`its "correct" place. In Try/Buy, trial condition and param(cid:173)
`eters are included within the distribution rule set. When the
`program to be tried or purchased runs, it must have access
`to the distribution rule set. Therefore, the installation stub,
`besides running the original setup file, places the distribution
`rule set into a location where the program, once it has been
`installed, can find it.
`When the software publisher has finished with the BOB,
`the BOB may then be passed along to a channel partner and,
`optionally, from channel partner to channel partner through
`any number of tiers of the multi-tier distribution network as
`described previously, each channel partner using a tier(cid:173)
`specific privilege file (which is password protected) to add 65
`to the distribution rule set information within its privilege
`level.
`
`6,009,525
`
`6
`The distribution rule set for Try/Buy may contain infor(cid:173)
`mation as shown in Table 2. As compared to the Buy(fry
`case, a EUTA(End-User Trial Agreement) and conditions of
`use additionally appear.
`
`TABLE 2
`
`Party
`
`Inputs to License File
`
`Secured password structure
`Publisher ID
`Product identifier
`End User Trial Agreement (EUTA)
`End User License Agreement (EULA)
`Conditions (i.e., number of uses, trial period length,
`etc.)--bounds and current
`Distributor ID
`Clearinghouse key (for confidentiality between
`customer and clearinghouse)
`Clearinghouse comm. parameters
`Product unlock verification key
`Merchant ID
`Product price
`Merchant's clearinghouse account
`
`When the customer installs the end-user installable
`package, the installation stub is run. The job of the instal(cid:173)
`lation stub is to install the distribution rule set (which the
`original setup file knows nothing about) and run the original
`setup file. First, the installation stub calculates a crypto(cid:173)
`graphic "fingerprint" of the wrapped original setup file and
`checks it against a fingerprint stored in the distribution rule
`set. If the two fingerprints do not match, the installation stub
`30 will display an error. This step prevents "forgery" of a
`distribution rule set that would allow for unauthorized use.
`When the original setup file has been installed and an
`attempt is made to use the software product, the injected
`code will read the distribution rule set and disallow use
`unless the use is within the terms specified.
`The foregoing secondary setup process may be further
`understood with reference to FIG. 6 and FIG. 7. Referring
`first to FIG. 6, program files to be distributed to the end user
`include a wrapped program executable (wrapped using the
`present wrapper tool) and other files used by the program.
`Using a setup tool of the software publisher's choosing,
`these files are compressed and packed into a single file. The
`installation file set produced by the setup tool, besides the
`foregoing compressed file, may also produce additional files,
`including a setup rule set (specifying where files are to be
`placed, what icons are to be added, etc.) and a setup
`executable file. The installation file set may in turn be
`encrypted and packed into a single file. A distribution file set
`includes this encrypted file and a further distribution rule set.
`Prior to distribution to the end user, the distribution file set
`is combined into a single end-user installable product (user-
`installable EXE), during the course of which an install stub
`is added.
`Referring to FIG. 7, during installation, first the install
`55 stub copies the distribution rule set into the system directory
`of the user machine. Then the install stub copies the secured
`installation file set into a temporary directory, decrypts and
`unpacks the installation file set, and runs the original setup
`executable, SETUP.EXE. The original setup executable
`60 uncompresses and copies the program files to an end-user(cid:173)
`selected product directory. Finally, the wrapper added to the
`original executable program, PROGRAM.EXE, reads the
`distribution rule set. Use of the program may then occur
`consistent with the rules contained in the distribution rule
`set.
`It will be appreciated by those of ordinary skill in the art
`that the invention can be embodied in other specific forms
`
`

`
`6,009,525
`
`10
`
`7
`without departing from the spirit or essential character
`thereof. The presently disclosed embodiments are therefore
`considered in all respects to be illustrative and not restric(cid:173)
`tive. The scope of the invention is indicated by the appended
`claims rather than the foregoing description, and all changes 5
`which come within the meaning and range of equivalents
`thereof are intended to be embraced therein.
`What is claimed:
`1. A method of distributing a software product using
`vendor-provided software tools, comprising the steps of:
`a software publisher securing a software product using a
`digital wrapper to control execution of the software
`product, producing a secured software product;
`using a setup tool of its own choosing, the software
`publisher producing an installation file set, comprising 15
`one or more files, to install the secured software prod(cid:173)
`uct;
`the software publisher, using a vendor-provided tool,
`producing distribution instructions for delivery to an
`end user, the distribution instructions being of a form
`that can be modified only by authorized channel part(cid:173)
`ners and subsequently inspected and modified by the
`wrapper as an end user executes the software;
`subsequently placing the installation file set and the 25
`distribution instructions in the possession of one or
`more channel partners, each of said channel partners in
`turn, using a vendor-provided tool, augmenting the
`distribution instructions, subject to privileges afforded
`them; and
`prior to placing the software product in the possession of
`an end user, the software publisher or a channel partner
`packaging the installation file set and the distribution
`instructions into an end-user installable package.
`2. The method of claim 1, wherein software distribution 35
`follows a Buy/Try model, and the step of producing a secure
`
`20
`
`30
`
`8
`software product comprises the software publisher first
`producing an installation file set using said setup tool and
`then securing an installation program in the installation file
`set.
`3. The method of claim 1, wherein said packaging of the
`installation file set and distribution instructions into an
`end-user installable package occurs prior to channel partners
`augmenting the distribution instructions.
`4. The method of claim 1, comprising the further step of
`the software publisher packaging the installation file set into
`a form that is safe from tampering and infection by computer
`viruses.
`5. The method of claim 4, wherein said distribution
`instructions are secured by a combination of encryption and
`privileges, such that altering the distribution instructions
`requires a privilege file.
`6. The method of claim 5, wherein a privilege level of the
`software publisher allows it to unalterably fix at least a
`portion of the distribution instructions.
`7. The method of claim 6, wherein a privilege level of a
`channel partner allows it to alter a portion of the distribution
`instructions not unalterably fixed by the software publisher.
`8. The method of claim 7, wherein the channel partners
`include a first-tier channel partner and a second-tier channel
`partner, wherein distribution instructions altered by a chan(cid:173)
`nel partner of a given tier cannot be altered by another
`channel partner of the same tier.
`9. The method of claim 8, wherein the first-tier channel
`partner is a distributor and the second-tier channel partner is
`a merchant.
`10. The method of claim 1, wherein software distribution
`follows a Try/Buy model.
`
`* * * * *