' ,.
`
`RONALDJ. WARD
`571.203.2723
`ronald. ward@finnegan.com
`
`November 16, 2004
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313w1450
`
`ATTORNEY DOCKET NO. 09635.0001-00000o
`.C\J =
`CUSTOMER NO. 22,852 ~C'I")
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`=>co
`c.o
`co~
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`
`T""
`
`New U.S. Patent Application
`Title: SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING
`CONTENT IN A NETWORK
`Inventors:
`Robert M. BURKE, 11, and David Z. CARMAN
`Address:
`21103 Old Well Road
`Los Gatos, CA 95033
`
`-,
`
`Sir:
`
`We enclose the following papers for filing in the United States Patent and
`Trademark Office in connection with the above patent application.
`
`1.
`
`2.
`
`3.
`
`Application- 69 pages, including 36 independent claims and 115 claims total.
`
`Drawings- 7 sheets of drawings (Figures 1-7).
`
`The filing fee is calculated as follows:
`
`DISH, Exh.1004, p.0001
`
`
`
`RONALDJ. WARD
`571.203.2723
`ronald. ward@finnegan.com
`
`November 16, 2004
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313w1450
`
`ATTORNEY DOCKET NO. 09635.0001-00000o
`.C\J =
`CUSTOMER NO. 22,852 ~C'I")
`·cnO -"d'
`"O') - o
`=>co
`c.o
`co~
`;:::
`~o
`-
`r--.. T"" ====-
`.,...
`
`T""
`
`New U.S. Patent Application
`Title: SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING
`CONTENT IN A NETWORK
`Inventors:
`Robert M. BURKE, 11, and David Z. CARMAN
`Address:
`21103 Old Well Road
`Los Gatos, CA 95033
`
`-,
`
`Sir:
`
`We enclose the following papers for filing in the United States Patent and
`Trademark Office in connection with the above patent application.
`
`1.
`
`2.
`
`3.
`
`Application- 69 pages, including 36 independent claims and 115 claims total.
`
`Drawings- 7 sheets of drawings (Figures 1-7).
`
`The filing fee is calculated as follows:
`
`DISH, Exh.1004, p.0001
`
`
`
`,..,;
`
`Robert M. BURKE, 11, and David Z. CARMAN
`November 16, 2004
`Page2
`
`Basic Application Filing Fee
`
`$
`
`790 $
`
`790.00
`
`Number of
`Claims
`115
`
`Total Claims
`
`-
`-
`Independent Claims
`36
`LJ Presentation of Multiple Dep. Claim(s)
`Subtotal
`
`Reduction by 1/2 if small entity
`
`TOTAL APPLICATION FILING FEE
`
`Basic
`
`20
`
`3
`
`Extra
`Claims
`95
`
`33
`
`X
`
`$18
`
`$88
`X
`+ $300
`
`1,710.00
`
`2,904.00
`
`0
`
`$
`-
`$
`
`5,404.00
`
`2,702.00
`
`2,702.00
`
`4.
`
`A check for $2,702.00 is enclosed. The fee includes:
`
`$395.00 filing fee; and
`$2,307.00 additional claims fee
`
`Applicants claim small entity status. The fees indicated above are reduced by ½.
`
`This application is being filed under the provisions of 37 C.F.R. § 1.53(f).
`Applicants await notification from the Patent and Trademark Office of the time set for
`filing the Declaration.
`
`Applicants claim the right to priority based on U.S. Application Nos. 60/523,057,
`60/538,370, and 60/563,064, filed November 18, 2003, January 22, 2004, and
`April 16, 2004 respectively.
`
`Please address all correspondence with respect to this application to:
`
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`1300 I Street, N.W.
`Washington, D.C. 20005-3315
`
`Please accord this application an application number and filing date.
`
`DISH, Exh.1004, p.0002
`
`
`
`Robert M. BURKE, 11, and David Z. CARMAN
`November 16, 2004
`Page 3
`
`The Commissioner is hereby authorized to charge any additional filing fees due
`and any other fees due under 37 C.F.R. § 1.16 or §1.17 during the pendency of this
`application to our Deposit Account No. 06-0916.
`
`Respectfully submitted,
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`
`B y :~W
`Ronald J. Ward
`'
`Reg. No. 54,870
`
`RJW/ja
`Enclosures
`
`DISH, Exh.1004, p.0003
`
`
`
`' ,.
`
`RONALDJ. WARD
`571.203.2723
`ronald. ward@finnegan.com
`
`November 16, 2004
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313w1450
`
`ATTORNEY DOCKET NO. 09635.0001-00000o
`.C\J =
`CUSTOMER NO. 22,852 ~C'I")
`·cnO -"d'
`"O') - o
`=>co
`c.o
`co~
`;:::
`~o
`-
`r--.. T"" ====-
`.,...
`
`T""
`
`New U.S. Patent Application
`Title: SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING
`CONTENT IN A NETWORK
`Inventors:
`Robert M. BURKE, 11, and David Z. CARMAN
`Address:
`21103 Old Well Road
`Los Gatos, CA 95033
`
`-,
`
`Sir:
`
`We enclose the following papers for filing in the United States Patent and
`Trademark Office in connection with the above patent application.
`
`1.
`
`2.
`
`3.
`
`Application- 69 pages, including 36 independent claims and 115 claims total.
`
`Drawings- 7 sheets of drawings (Figures 1-7).
`
`The filing fee is calculated as follows:
`
`DISH, Exh.1004, p.0004
`
`
`
`,..,;
`
`Robert M. BURKE, 11, and David Z. CARMAN
`November 16, 2004
`Page2
`
`Basic Application Filing Fee
`
`$
`
`790 $
`
`790.00
`
`Number of
`Claims
`115
`
`Total Claims
`
`-
`-
`Independent Claims
`36
`LJ Presentation of Multiple Dep. Claim(s)
`Subtotal
`
`Reduction by 1/2 if small entity
`
`TOTAL APPLICATION FILING FEE
`
`Basic
`
`20
`
`3
`
`Extra
`Claims
`95
`
`33
`
`X
`
`$18
`
`$88
`X
`+ $300
`
`1,710.00
`
`2,904.00
`
`0
`
`$
`-
`$
`
`5,404.00
`
`2,702.00
`
`2,702.00
`
`4.
`
`A check for $2,702.00 is enclosed. The fee includes:
`
`$395.00 filing fee; and
`$2,307.00 additional claims fee
`
`Applicants claim small entity status. The fees indicated above are reduced by ½.
`
`This application is being filed under the provisions of 37 C.F.R. § 1.53(f).
`Applicants await notification from the Patent and Trademark Office of the time set for
`filing the Declaration.
`
`Applicants claim the right to priority based on U.S. Application Nos. 60/523,057,
`60/538,370, and 60/563,064, filed November 18, 2003, January 22, 2004, and
`April 16, 2004 respectively.
`
`Please address all correspondence with respect to this application to:
`
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`1300 I Street, N.W.
`Washington, D.C. 20005-3315
`
`Please accord this application an application number and filing date.
`
`DISH, Exh.1004, p.0005
`
`
`
`Robert M. BURKE, 11, and David Z. CARMAN
`November 16, 2004
`Page 3
`
`The Commissioner is hereby authorized to charge any additional filing fees due
`and any other fees due under 37 C.F.R. § 1.16 or §1.17 during the pendency of this
`application to our Deposit Account No. 06-0916.
`
`Respectfully submitted,
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`
`B y :~W
`Ronald J. Ward
`'
`Reg. No. 54,870
`
`RJW/ja
`Enclosures
`
`DISH, Exh.1004, p.0006
`
`
`
`Attorney Docket No.: 09635.0001
`
`UNITED STATES PATENT APPLICATION
`
`FOR
`
`SYSTEM FOR REGULATING ACCESS TO AND
`
`DISTRIBUTING CONTENT IN A NETWORK
`
`BY
`
`ROBERT M. BURKE, II
`
`AND
`
`DAVID Z. CARMAN
`
`DISH, Exh.1004, p.0007
`
`
`
`Attorney Docket No.: 09635.0001
`
`Technical Field
`
`DESCRIPTION
`
`[001] This invention is in general related to regulation of access to a network
`
`and, more particularly, to distributing content efficiently while protecting the digital rights
`
`associated with the content.
`
`Background
`
`[002] The network commonly known as the Internet, or any similar private or
`
`managed network, provides a convenient medium for the delivery of electronic data or
`
`content such as music, video, games, broadband data, real-time audio and voice
`
`applications, and software to subscribers. To accomplish these purposes, the Internet
`
`is composed of several components including, for example, content providers for
`
`generating content; service providers for delivering content; subscriber terminals for
`
`receiving, displaying and playing content; and various additional network elements
`
`between service providers and subscribers for aiding in the distribution of the content.
`
`Service providers include, for example, telephone line carriers, enterprise data centers,
`
`and cable television providers. Subscriber terminals are located at subscriber premises
`
`and include, for example, personal computers, televisions configured with modems, a
`
`combination of both, or any other combination of consumer electronics capable of
`
`presenting electronic content to a subscriber.
`
`[003]
`
`Interest in providing delivery of content via the Internet has remained high
`
`throughout the growth of the Internet. Several problems have yet to be overcome,
`
`however, before the Internet is fully effective at delivering content efficiently and rapidly,
`
`while also protecting the rights of the owners of content, that is, the owners of
`
`2
`
`DISH, Exh.1004, p.0008
`
`
`
`Attorney Docket No.: 09635.0001
`
`intellectual property. Techniques for protecting this intellectual property are often
`
`referred to as Digital Rights Management (ORM). Recent music industry lawsuits over
`
`the distribution of pirated music are evidence of the difficulties not yet solved by current
`
`ORM techniques.
`
`[004] Service providers and content providers need the assurance that the
`
`intellectual property (music, video, games, software, etc.) will be secure from illegal
`
`downloading and transmission over the Internet, a major source of lost revenues and
`
`the basis for hundreds of lawsuits. Service providers want this feature to halt the legal
`
`onslaught launched by music companies and to encourage the motion picture industry
`
`to license their content for distribution over the otherwise unsecured Internet. The
`
`motion picture industry is understandably reluctant, having seen the negative impact
`
`that piracy has already had on the Music Recording Industry. Content providers thus
`
`demand this feature to stop the illegal downloading and transmission of intellectual
`
`property over the Internet which has cost the music and movie industries billions of
`
`dollars annually. Techniques that reduce the strain on a content provider's resources
`
`and reduce the high volumes of network data traffic are also desirable in order to
`
`improve the speed and efficiency of accessing content in a network.
`
`[005] Another difficult problem that remains to be solved is providing a means
`
`for law enforcement agencies to execute warrants to wire-tap Internet communications
`
`such as email and real-time audio and video communications. A solution to this
`
`problem is especially desirable considering the importance of thwarting terrorist attacks.
`
`The Patriot Act and other recently passed legislation indicate the desirability and
`
`importance of providing such capabilities to law enforcement bodies.
`
`3
`
`DISH, Exh.1004, p.0009
`
`
`
`Attorney Docket No.: 09635.0001
`
`[006]
`
`It is therefore desirable to provide.new access regulation and data traffic
`
`control techniques that can be made available to telephone line carriers, ISPs,
`
`enterprises, cable television companies, for their Internet access networks. In addition,
`
`it is desirable to provide a means for law enforcement bodies to combat the prevalent
`
`use of Internet communications in planning illegal operations. In particular, it is
`
`desirable to meet these needs using the service provider's existing distribution network.
`
`SUMMARY
`
`[007] Consistent with the invention, there is provided a system for regulating
`
`access to a network. The system comprises a controller node coupled to the network,
`
`the controller node comprising a first processor for generating controller instructions and
`
`a first network interface for transmitting the controller instructions over the network. The
`
`system also comprises a plurality of gateway units, the gateway units comprising a user
`
`interface receiving user-entered network access requests, a second network interface
`
`coupled to the network and receiving the controller instructions from the network and a
`
`second processor, the second processor selectively transmitting at least some of the
`
`network access requests over the network in accordance with the controller instructions,
`
`and transferring content data responsive to the transmitted network access requests
`
`over the network via the second network interface.
`
`[008] Consistent with another aspect of the present invention, there is also
`
`provided a system for regulating access to a network that is accessed by a plurality of
`
`users. The system comprises a controller node coupled to the network, the controller
`
`node comprising a first processor for generating controller instructions and a first
`
`network interface for transmitting the controller instructions over the network. The
`
`4
`
`DISH, Exh.1004, p.0010
`
`
`
`Attorney Docket No.: 09635.0001
`
`system also comprises a plurality of network units associated with a first group of users,
`
`the network units comprising a second network interface coupled to the network and
`
`receiving the controller instructions from the network and a second processor, the
`
`second processor inhibiting access for a second group of users to content in the
`
`network in accordance with the controller instructions.
`
`[009] Consistent with yet another aspect of the present invention, there is also
`
`provided a system for distributing content over a network. The system comprises a
`
`controller node coupled to the network, the controller node comprising a first processor
`
`for generating controller instructions and a first network interface for transmitting the
`
`controller instructions over the network. The system also comprises a plurality of
`
`network units, the network units comprising a second network interface coupled to the
`
`network, the second network interface in at least a first one of the network units
`
`receiving the controller instructions from the network and receiving a portion of a
`
`content data file from at least a second one of the network units and a second
`
`processor, the second processor in the at least first one of the network units selectively
`
`forwarding the portion of the content data file received from the at least second one of
`
`the network units to at least a third one of the network units in accordance with the
`
`controller instructions.
`
`[01 0]
`
`It is to be understood that both the foregoing general description and the
`
`following detailed description are exemplary and explanatory only and are not restrictive
`
`of the invention, as claimed.
`
`5
`
`DISH, Exh.1004, p.0011
`
`
`
`Attorney Docket No.: 09635.0001
`
`[011] The accompanying drawings, which are incorporated in and constitute a
`
`part of this specification, illustrate one (several) embodiment(s) of the invention and
`
`together with the description, serve to explain the principles of the invention.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`[012] Figure 1 depicts the overall environment in which the present invention is
`
`implemented.
`
`[013] Figure 2 depicts a communication gateway consistent with the present
`
`invention.
`
`[014] Figure 3 depicts an internet control point consistent with the present
`
`invention.
`
`[015] Figure 4 depicts a network element consistent with the present invention.
`
`[016] Figure 5 is a flow chart of a method for selectively transmitting network
`
`access requests consistent with the present invention.
`
`[017] Figure 6 is a flow chart of a method for inhibiting access to content
`
`servers on a network consistent with the present invention.
`
`[018] Figure 7 is a flow chart of a method for distributing content in a network
`
`consistent with the present invention.
`
`DETAILED DESCRIPTION
`
`[019] System Architecture
`
`[020] Consistent with principles of the present invention, there is provided a
`
`system including a Service Preference Architecture (SPA). The SPA is a collection of
`
`hardware components and software routines executed by the components.
`
`Components installed at a subscriber's site may be referred to as gateway units, or
`
`6
`
`DISH, Exh.1004, p.0012
`
`
`
`Attorney Docket No.: 09635.0001
`
`more specifically, Communication Gateways (CGs). The subscribers may include
`
`residential and business subscribers. The CGs may include a data storage device such
`
`as a hard drive, and are operable between active and inactive states. CGs operate in
`
`conjunction with SPA-based Internet Service Providers (ISPs) under the control of
`
`"controller nodes," hereinafter referred to as Internet Control Points (ICPs). The ICPs
`
`are installed in an ISP's network. ICPs may be network-based routers or computers
`
`that control the operation of CGs.
`
`[021] The software routines located in CGs and ICPs provide a suite of features
`
`for the system. ISPs, such as telecommunication carriers, electronic data centers, and
`
`cable TV companies, may be equipped to deliver the suite of features by using a
`
`network service based system.
`
`[022]
`
`In general, the SPA uses ICPs to control subscriber access to web sites
`
`and to deliver data to subscribers. The ICPs control the processing of data sent
`
`between subscribers (e.g., client PCs or LAN servers) and the ISPs or content servers
`
`with which they are exchanging information, using the CGs. The ICPs cooperate with
`
`hardware and software of the CGs located at a subscriber's premises to provide the
`
`specific features of the system.
`
`[023] The CGs cannot be tampered with by subscribers. This is accomplished
`
`by two aspects of the CGs. First, CGs are specifically designed to permit no
`
`subscriber-initiated programming and no access to the CG hardware or software.
`
`Instead, the CGs are provided only with compiled code loaded from flash memory, a
`
`hard drive, or EEPROM. Updates to this code are obtained from ICPs and encrypted
`
`passwords are stored in hidden, undocumented locations to allow authentication of ICP
`
`7
`
`DISH, Exh.1004, p.0013
`
`
`
`Attorney Docket No.: 09635.0001
`
`presence prior to CG control program update. The passwords are changed frequently
`
`during an "idle process control" phase and tracked by an ICP.
`
`[024] The second anti-tampering aspect is the provision of a housing for the
`
`CGs and a detector consisting of a one or more "deadman" switches that are tripped
`
`upon opening the housing or removing a CG's hard drive. The circuit may be either
`
`passive or active.
`
`[025]
`
`If the detector is passive, it signals an internal controller upon re-start that
`
`it has been tripped and causes an event notification sent to an ICP upon next power-up.
`
`Upon receipt of the event notification, either the ICP initiates diagnostics and disables
`
`the CG if a software tamper has occurred, or the CG disables both its control software
`
`and its internal hard drive to prevent the hard drive from operating, until it is returned to
`
`the ISP for repair. Subscriber agreements may be used to supply a contract provision
`
`specifying that tampering voids the warranty and that the subscriber deeds a portion of
`
`the CG to the ISP and agrees to return tampered products to the ISP.
`
`[026]
`
`If the detector is active, the "deadman switch" is kept powered by, for
`
`example, battery or capacitor. The trip is used to immediately disable the controller
`
`software in the processor and the internal hard drive of the CG. Both may be reset only
`
`by the ICP, either automatically or by human intervention. These measures prevent
`
`subscribers from writing, compiling, executing. modifying, or otherwise tampering with
`
`the operating software of the CG. Second, the active mode prevents users from getting
`
`access to the content on the hard drive.
`
`[027]
`
`In addition to these tamper-proof provisions, all ICP-CG communications
`
`take place within the ISP side of the network and ICP-CG communications are secured
`
`8
`
`DISH, Exh.1004, p.0014
`
`
`
`Attorney Docket No.: 09635.0001
`
`with encryption and hashing. Furthermore, all CGs must be registered with the ISP. An
`
`ICP will not enable any service to an un-registered CG and an un-registered CG will not
`
`operate in an experimental environment at all. At the onset of power-up or transition
`
`from an inactive to an active state, the CG signals the ICP and the ICP returns an "OK"
`
`message prior to proceeding further. This transaction requires an encrypted password
`
`exchange to authorize the CG to enter an "active" state where it can play back,
`
`download or be used for anything delivering services to users. These measures ensure
`
`secure control of the data flow between both the ICP and the CG. This secure flow of
`
`data then enables ISPs to effectively and efficiently control the services provided to
`
`subscribers.
`
`[028] Reference will now be made in detail to the present embodiments
`
`(exemplary embodiments) of the invention, examples of which are illustrated in the
`
`accompanying drawings. Wherever possible, the same reference numbers will be used
`
`throughout the drawings to refer to the same or like parts.
`
`[029] Figure 1 illustrates an environment in which the invention may operate. A
`
`Service Preference Architecture (SPA) may include at least one Internet Control Point
`
`("ICP") 50 connected to a network 52. Network 52 may be, for example, the Internet, a
`
`metro area network, or a local area network, and may include a plurality of
`
`SPA-controlled network elements 54 and non-SPA-controlled network elements 55.
`
`Network elements 54, 55 may include, for example, network switches and routers.
`
`SPA-controlled network elements 54 aid in regulating access and distributing content
`
`through network 52.
`
`9
`
`DISH, Exh.1004, p.0015
`
`
`
`Attorney Docket No.: 09635.0001
`
`[030] Also connected to network 52 are content servers including at least one
`
`SPA-controlled content server 56 and a plurality of communication gateways ("CGs")
`
`58, including CGs 581, 582, .. 58n. A subscriber terminal 601, 602, .. 60n may be
`
`connected to each respective CG 58, or in an alternative embodiment not shown, may
`
`be combined with each respective CG 58 to form "converged" CGs 58.
`
`[031] An SPA-controlled content server 56 may be, for example, a computing
`
`terminal used to deliver content services. A content service may include, for example,
`
`delivery of any media file (such as movies, music, pictures, and graphics), software file
`
`(such as a complete application, operating parameters, data files, or partial
`
`application/updates) or a real time application (such as interactive data processing,
`
`voice communications or visual communications to an end user). In an alternative
`
`embodiment, the functions of SPA-controlled content server 56 and ICP 50 may be
`
`combined in a single component.
`
`[032]
`
`ICP 50 is typically located remotely from subscriber terminals 60 and
`
`regulates both subscriber access to network 52 and distribution of content in network
`
`52. The content may originate from SPA-controlled content server 56, for example, or
`
`from other content servers 57 in network 52. ICP 50 works in conjunction with CGs 58
`
`and SPA-controlled network elements 54 by generating instructions which are
`
`transmitted over network 52 to CGs 58 and SPA-controlled network elements 54, where
`
`the instructions are executed ..
`
`[033]
`
`ICP 50 may constitute the source of internet service control and
`
`conditional denial of subscriber access to ISP-selected URLs or IP addresses. ICP 50
`
`may control CGs 58 to determine what web site data is allowed to pass through to
`
`10
`
`DISH, Exh.1004, p.0016
`
`
`
`Attorney Docket No.: 09635.0001
`
`subscribers using, for example, web browser programs executing in subscriber
`
`terminals 60. ICP 50 may also control packet inspection processing in CGs 58 to
`
`determine which data can be allowed to flow through CGs 58 to and from subscriber
`
`terminals 60, specifically when e-mail or file transfers are initiated. ICP 50 also controls
`
`what activities are engaged in by idle CGs 58 when corresponding subscriber terminals
`
`60 are inactive. Idle CGs 58 may receive software downloads from ICP 50, collect data,
`
`and initiate communications activities that are disruptive to certain non-SPA content.
`
`servers 57 that offer unauthorized copyrighted materials for illegal download by
`
`subscribers. Multiple ICPs 50 may be deployed geographically in an ISP's network to
`
`support the CG management capacity of ICP 50 and the number of subscribers in its
`
`service area.
`
`[034] An ISP may provide an ISP portal 62 to facilitate subscriber access to
`
`network 52. ISP portal 62 may be, for example, an enterprise data center. Access
`
`node 66 is associated with the ISP providing ISP portal 62. ICP 50 interacts with ISP
`
`portal 62, ISP associated access node 66, and SPA-controlled content server 56 to
`
`control subscribers' ability to access services that are offered by ISP portal 62. ICP 50
`
`also controls CGs 58 to deliver various services, including, for example, advertisements,
`
`the home page for ISP Portal 62 or SPA-controlled content server 56 web servers, or
`
`software downloads to subscriber terminals 60 for their use of ISP 62 or SPA-controlled
`
`content server 56 services.
`
`[035]
`
`ICP 50 also interacts with SPA-controlled network elements 54 used by
`
`ISP portal 62 to deliver services. ICP 50 controls subscribers' ability to access services
`
`that are offered by the ISP portal 62 and controls the operation of the services
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`11
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`DISH, Exh.1004, p.0017
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`
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`Attorney Docket No.: 09635.0001
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`themselves by controlling the flow of data through SPA-controlled network elements 54
`
`used by ISP portal 62.
`
`[036]
`
`ICP 50 may be programmed either by human input or by operator(cid:173)
`
`controlled web crawler software. Updates to a database in ICP 50 may be provided by
`
`an active intervention system 64 whereby changes to ICP 50 database entries are
`
`discovered and implemented. The updates to ICP 50 database may be made in a
`
`manner analogous to the regular updating of virus definitions for computer virus and
`
`worm protection.
`
`[037] The web crawlers, human intervention, and ICP 50 and CG 58 database
`
`updates may be controlled by active intervention system 64. Active intervention system
`
`64 may include, for example, a set of centrally maintained computer systems. Active
`
`intervention system 64 may control the operation of various geographically deployed
`
`ICPs 50.
`
`[038] The process begins with active intervention system 64. Active intervention
`
`system 64 is used by human operators to discover new URLs or IP addresses to
`
`"pirate" sites to conditionally deny access to these URLs or IP addresses by CGs 58,
`
`discover changes needed to implement Digital Rights Management (DRM) techniques,
`
`discover and record new packet characteristics, install wiretaps as ordered, process
`
`new copyright registry entries, change encryption techniques, and perform other
`
`management services. ICPs 50 then deliver active and real time executed network
`
`management, distribute new database entries and software changes to CGs 58 and
`
`track operation of the SPA-controlled network elements 54. Although one ICP 50 is
`
`illustrated there may be more. Thus, multiple ICPs 50 may be networked together to
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`12
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`DISH, Exh.1004, p.0018
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`Attorney Docket No.: 09635.0001
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`enable them to manage large numbers of SPA-controlled network elements 54 and
`
`provide redundant, highly reliable operation. Furthermore, ICPs 50 may all use identical
`
`databases to enable uninterrupted network management.
`
`[039] As illustrated in Figure 2, a CG 58 may include a user interface 100 that
`
`receives subscriber requests, entered by subscribers at an associated subscriber
`
`terminal 60, to access network 52. CG 58 may also include a network interface 102 to
`
`exchange data with network 52 and to receive instructions from ICP 50; a memory
`
`device 104 including a database for storing ICP-generated instructions, initial operating
`
`parameters, and other records; a processor 106 to implement the instructions; a content
`
`storage device 108 having a user partition and a network partition for storing content;
`
`and a housing disassembly detector 110 to prevent tampering, as described above.
`
`Memory device 104 may be, for example, a bank of one or more semiconductor
`
`memories, a bank of one or more hard disk drives, a combination of semiconductor
`
`memories and hard disk drives or any other device that holds data. Processor 106 may
`
`be, for example, a general purpose processor (such as a Pentium 4 processor, an
`
`integrated circuit, or collection of integrated circuits) that can execute program
`
`instructions and is designed to allow control of CG 58 to be implemented in purely
`
`software and may also be used for non-CG related general purpose computing
`
`applications, or processor 106 may be a special purpose processor (integrated circuit or
`
`collection of integrated circuits) that can execute program instructions and is designed
`
`with only the power, bus, memory, logic and hardware accelerators needed to control
`
`CG 58. Content storage 108 may be, for example, a bank of one or more
`
`semiconductor memories, a bank of one or more hard disk drives, a combination of
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`13
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`DISH, Exh.1004, p.0019
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`
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`Attorney Docket No.: 09635.0001
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`semiconductor memories and hard disk drives or any other device that holds data. CGs
`
`may be provided in various forms, such as, for example, a gateway module that
`
`combines TV, video, internet and voice access, a dial-up remote access server, an
`
`ADSL modem/router, a satellite TV gateway, a cable TV modem, a converged set top(cid:173)
`
`plus-internet gateway, a wireless modem, or other fixed or mobile computing, playback,
`
`recording, display or communications device including radio, TV, stereo, wireless
`
`phone, phone, DVD, VCR, WLAN access point, wireless broadband or narrowband
`
`modem, or similar device.
`
`[040) As illustrated in Figure 3, an ICP 50 may include one or more network
`
`interfaces 200, one or more processors 202, a memory device 204 including a database
`
`for storing records, and a non-internet communications link for traffic between
`
`processors and shared storage and memory. The records preferably include
`
`instructions that may be updated by active intervention system 64 and distributed to
`
`CGs 58 and SPA-controlled network elements 54 for execution.
`
`[041) As illustrated in Figure 4, SPA-controlled network elements 54 may
`
`include one or more network interfaces 300, one or more processors 302, a memory
`
`device 304 including a database, and one or more switch modules 306 for providing
`
`routing and switching services. Components 300, 302, and 304 may operate in a
`
`similar fashion to the corresponding components of the CGs. SPA-controlled network
`
`element 54 may be provided in various forms, such as, for example, a computer used to
`
`deliver data services or content services, a core router or ATM switch, a subscriber
`
`management system used to control access to the network, authenticate subscribers or
`
`devices before allowing access into the network, a DSLAM, cable modem system,
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`14
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`DISH, Exh.1004, p.0020
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`Attorney Docket No.: 09635.0001
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`wireless modem system, or any other multiplexing or channel service delivery system,
`
`or a satellite that incorporates any of these elements.
`
`(042] Service Initialization
`
`[043] CGs 58 may be required to register with ICP 50 when they are powered
`
`up for the first time. CGs 58 will remain inactive until they receive a registration
`
`confirmation from SPA-controlled content server 56 or ICP 50. The registration process
`
`may include collection of information by ICP 50 for a warranty registration from the
`
`subscriber such as, for example, CG's 58 hardware address and other identifying data.
`
`ICP 50 will then send CG 58 the latest operating software, if necessary, and its initial
`
`operating parameters to load in memory 104. Initial operating parameters may include,
`
`for example, the address of the CG's 58 ICP 50 and other variables as described below.
`
`Subsequent re-registrations may be initiated by CG 58 under subscriber control for
`
`address or ISP changes.
`
`(044] Active and Inactive CG Processing Control
`
`(045] Upon power down or inactivity timeout of CG 58, CG 58 may register itself
`
`as "idle" by sending an event notification to ICP 50. The duration of an inactivity timeout
`
`may be preset and may be changed by input to ICP 50 for distribution to all CGs 58
`
`under the control of ICP 50.
`
`[046] Upon subsequent re-activation, which may be initiated by either power up
`
`or signals from subscriber terminal 60, CG 58 identifies itself as "active" by sending an
`
`event notification to ICP 50, which responds with an acknowledgement. Failure of a CG
`
`58 to receive an acknowledgement results in a series of re-tries until finally a timeout or
`
`maximum number of re-tries occurs. When this occurs, a diagnostic program may be
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`15
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`DISH, Exh.1004, p.0021
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`Attorney Docket No.: 09635.0001
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`executed in CG 58 to advise the subscriber what to do next, based on the deduced
`
`source of the failure. Active CGs 58 may process and control delivery of content and
`
`services from SPA-controlled content server 56 or ISP portal 62.
`
`Inactive CGs 58 may
`
`process and control either CG maintenance or may carry out activity delegated to
`
`inactive CGs by design.
`
`[047] Conditional Denial
`
`[048] Figure 5 shows a method, consistent with the invention for regulating user
`
`access to a network. In step 400, a gateway unit associated with a user receives
`
`controller instructions from the network. Next, at step 402, the gateway unit receives a
`
`network access request from a user, via a subscriber terminal. At step 404, the
`
`gateway unit selectively transmits the network access requests over the network in
`
`accordance with the controller instructions. Finally, at step 406, the gateway unit
`
`receives content data responsive to the transmitted network access request from the
`
`network. Consistent with the present invention, this section, and others that follow,
`
`describe in more detail the implementation of this method.
`
`[049] CGs 58, under ICP 50 control, may provide a network-based Digital Rights
`
`Management (ORM) service. The ORM service denies subscribers the capability to
`
`send or to receive data from or to "pirate" URLs or IP
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