7715068
`
`March 19, 2019
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 60/147,134
`FILING DATE: August 04, 1999
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0001
`
`

`

`.
`
`.
`
`,
`
`Docket Number:
`
`0661123133
`
`This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53 (c}.
`
`INVENTOR(S)1APPLICANT{S)
`
`
`tullllllll
`'it'si1°
`
`it"s.limit
`
`ii
`3133
`
`sis/tiller
`
`:
`
`II
`
`1'1
`
`on
`
`Please type a plus sign (+) inside this box —n E
`i
`iii
`9199PROVISIONAL APPLICATION FOR PATENT COVER SHEET (Small Entity)
`iiliiii
`
`
`MOSKOWITZ
`Miami. Florida USA
`
`
`BERRY
`Alhuquerque,New Mexico USA
`
`
`
`
`I Additional inventors are being named on page 2 attached hereto
`TITLE OF THE INVENTION (290 characters max}
`
`A SECURE PERSONAL CONTENT SERVER
`
`
` CORRESPONDENCE ADDRESS
`
`Direct ail correspondence to:
`
`Piece Customer Number
`E] CustomerNumber
`'_" i
`BarCodeLabelhere
`
`
`
`
`
`
`
`Firm 0!
`
`
`
`
`K4
`Floyd B. Chapman, Esq.
`lndlvidual Name
`
`
`
`Baker 8: 30115. L.L.P.
`
`
`1299 Pennsylvania Avenue. N.W.
`
`ZIP
`20004-2400
`
`Washington
`
`mamas-7390
`Telephone
`2021'639-7700
`
`
`
`
`ENCLOSED APPLICATION PARTS {check an that apply}
`
`
`
`
`
`
`M Specification
`NumberofPages
`D Small Entity Statement
`
`
`V
`>
`.
`Dram-19(9)
`NumberofShaets
`El Other (spactfy)
`
`
`
`
`
`
`
`METHOD OF PAYMENT OF FILING FEES FOR THIS PROVISIONAL APPLICATION FOR PATENT (check one)
`v
`FILING FEE
`AMOUNT (5)
`A check or money order is enclosed to cover the filing fees
`The Commissioner is hereby authorized to charge filing fees or
`$75.00
`‘
`i
`credit any overpayment to Deposit Account Number:
`
`
`The invention was made by an agency of the United Slates Government or under a contrac1wlth an agency of H16 United States Government.
`No.
`
`1
`
`
`
`
`
`
`
`D Yes. the name of the U5 Government agency and the Government contract number are:
`
`
`Respectfuib/ submitted,
`
`
`
`
`
`August 4, 1999
`SIGNATURE QM 6M Date
`
`TYPED or PRINTED NAME Floyd 3. Chapman
`REG'STRAT'ON “0'
`49,555
`(If appropriate)
`
`TELEPHONE
`
`20215393709
`
`USE ONLY FOR FILING A PROVISIONAL APPLICATION FOR PATENT
`SEND TO: Bax Provisionai Application, Assistant Comissionerfor Patents, Washington, DC 20231
`[Page 1 of
`|
`mesmwnavm
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0002
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0002
`
`

`

`August 4, 1999
`
`0661110133
`
`Inventors:
`
`Scott Moskowitz 6: Michael Berry
`
`A Secure Personal Content Server
`
`Field of Invention
`The present invention relates to the secure distribution of digitized value-
`added information, or media content, while preserving the ability of publishers
`to make available unsecure versions of the same value-added information, or
`media content, without adverse effect to the systems security.
`Authentication, verification and authorization are all handled with a
`combination of cryptographic and steganographic protocols to achieve efficient,
`trusted, secure exchange of digital information.
`
`Summary of the Invention
`Digital technology offers economies of scale to value—added data not
`possible with physical or tangible media distribution. The ability to digitize
`information both reduces the cost of copying and enables perfect copies: an
`advantage and a disadvantage to commercial publishers who face the real threat
`of unauthorized duplication of their value—added data content. Where cost
`reduction is an important business consideration, securing payment and
`authentication of an individual copy of digital
`information, such as media
`content, presents unique opportunities to information service and media content
`providers with the appropriate tools. The present invention seeks to leverage the
`benefits of digital distribution to consumers and publishers alike, while ensuring
`the development and persistence of trust between these parties, or third parties
`involved, directly or indirectly, in a given transaction.
`In another approach that is related to this goal, there are instances Where
`transactions must be allowed to happen after perceptuallyrbased [acoustic
`(hearingl/psychoacoustic (perceived hearing) or visual (viewing)/psychovisual
`(perceived viewing)] digital information can be authenticated. This type of
`verification will become increasingly important for areas where the distributed
`material relates more to a provided, trust—requiring transaction event. A number
`of examples exist. These include virtual retailers (for example, an on—line music
`store selling CDs and electronic versions of songs); service providers (for
`example, an on-line bank or broker who performs transactions on behalf of a
`consumer),- tranSaction providers (for example, wholesalers or auction houses).
`These parties rely on different authentication issues which can be separated and
`independently quantified or qualified by market participants in shorter periods
`of time under what is described by the present invention.
`is
`Any party who must establish authentication of information that
`perceptually-observed, by nature of media content-richness, by users or market
`
`DCOI :229 l 39
`
`"w-Mm:iillllI]fill.J:..
`37.75...
`
`
`ii:
`
`in
`
` Wu11'"):u-“n
`
`"n.rii?!.u5l'.lll..“-.-:§l'11.:
`
`.n31
`117‘liar
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0003
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0003
`
`

`

`participants. This information is typically digitized, and may be perceptually
`based in nature, can easily be copied and redistributed, negatively impacting
`buyers and sellers or other market participants, in confusing authenticity, non-
`repudiation, limit of liability and other important ”transaction events”.
`In a
`networked environment, transactions and interactions occur over a transmission
`line between a buyer and seller, or networked groups of users (Internet
`communities, closed electronic trading environments, etc). While network
`effects may lead to increasing economic utility of the underlying value«added
`information: in the absolute instantaneous piracy can render the economic value
`of the good and services being offered to zero, or less than optimal profit
`positions.
`Related situations extend to instances ranging from the ability to provably
`establish the ”existence” of a virtual financial institution to determining the
`reliability of an ”electronic stamp”. The present invention seeks to improve on
`the existing prior art by describing optimal combinations of cryptographic and
`steganographic protocols
`for ”trusted” verification, confidence and non“
`repudiation of perceptually-based, digitized representations of the actual seller,
`vendor or another associated institution which may not be commercial in nature
`(confidence building with logo’s such as the SEC, FDIC, Federal Reserve, FBI, etc.
`apply). To the extent that an entity plays a role in purchase decisions made by a
`consumer of goods and services that are not physically present for the actual
`transaction, the present invention has a wide range of beneficial applications.
`One is enabling independent trust based on real world representations that are
`not physically available to a consumer or user. The ability to match information
`needs between buyers and sellers that may not be universally appealing or cost
`effective in given market situations. These include auction models based on
`recognition of the interests or demand of consumers and market participants——
`and serves to assist in narrowing and focusing profitable trade between parties.
`Another is to establish limits on the liability of such institutions and profit-
`seeking entities, such as insurance providers or credit companies. These vendors
`lack appropriate tools for determining intangible asset risk and exposure, value-
`added information is such an aSSet. By encouraging separate and distinct “trust”
`arrangements over an electronic network, profitable, market-based relationships
`can result.
`Utilizing the present invention in one of its many embodiments, efficient,
`openly accessible markets for trade-based information can be made possible.
`Existing transaction security, including on—line credit card purchasing, electronic
`cash or its equivalents, wallets, electronic tokens, etc. which primarily use
`cryptographic techniques to secure a transmission channel but are not directly
`associated or dependent on the value—added information being transacted or
`purchased fails to meet this valuable need. The present invention proposes a
`departure from the prior art by separating transactions from authentication of
`digitized data. These data may include videos, songs, images, electronic stamps,
`electronic trademarks, electronic logos used to ensure membership in some
`
`DCUI :229 l 39
`
`-2-
`
`Lilitlr-l
`
`.rl"“""1r"‘JI'
`"if”..lil-‘Sx...it:'15.:
`
`
`
`re):n“liii;liiii'ii‘it3-1:!itsnet....
`
`n ma
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0004
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0004
`
`

`

`3;;
`:3:
`tef
`'
`;
`
`
`
`institutional body whose purpose is to assist in a dispute, limit liability and
`provide indirect guidance to consumers and market participants, alike.
`Buyers' should still beware: but with an increasingly anonymous
`marketplace, the present invention offers invaluable embodiments to accomplish
`"trusted” transactions in a more flexible, transparent manner while enabling
`market participants to negotiate terms and conditions. Negotiation should not
`only be seller driven through predetermined usage rules or parameters,
`especially as the information economy offers potentially many competitive
`marketplaces in which to transact, trade or exchange among businesses and
`consumers.
`As
`information grows exponentially,
`flexibility becomes an
`advantage to market participants, in that they need to screen, filter and verify
`information in making a transaction decision. Moreover, the accuracy and speed
`at which decisions can be made reliably enables confidence to grow with an
`aggregate of ”trusted transactions”.
`“Trusted transactions” beget
`further
`”trusted transactions" through experience. The present invention also provides
`for
`improvements over
`the prior art
`in the ability to utilize different
`independently important "modules” to enable a “trusted transaction” using
`competitive cryptographic and steganographic elements, as well as being able to
`support a wide variety of perceptually~based media and information formats.
`The envisioned system is not bound by a proprietary means of creating
`recognition for a good or service, such as that envisioned in existing closed
`system.
`Instead, the flexibility of the present invention’s architecture is sure to
`enable a greater and more diverse information marketplace.
`The present invention is not a "trusted system”, per say, but "trusted
`transactions" are enabled, since the same value—added information that is sought
`may still be in the clear, not in a protected storage area or closed, rule-based
`"inaccessible virtual environment”.
`A related additional set of embodiments regards the further separation of
`the transaction and the consumer’s identification versus the identification of the
`transaction only. This is accomplished through separated ”trusted transactions”
`bound by authentication, verification and authorization in a transparent manner.
`With these embodiments, consumer and vendor privacy could be incorporated.
`More sophisticated relationships are anticipated between parties, who can mix
`information about their physical goods and services with a transparent means for
`consumers, who may not be known to the seller, who choose not to confide in an
`inherently closed ”trusted system” or provide additional personal information or
`purchasing information (in the form of a credit card or other electronic payment
`system), in advance of an actual purchase decision or ability to observe (audibly
`or visibly) the content in the clear. This dynamic is inconsistent with existing
`systems’ emphasis on access control, not transparent access to value-added
`information (in the form or goods or services), that can be transacted on an
`electronic or otherwise anonymous exchange.
`These embodiments may include decisions about availability of a
`particular good or service through electronic means (recognition, search engine
`
`DOG] :229I39
`
`-3-
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0005
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0005
`
`

`

`function or find, so-called push, functions), such as the Internet, or means that
`can be modularized to conduct a transaction based on the present invention
`(such as WebTV, a Nintendo or Sony game console which can be networked,
`cellular phone, PalmPiiot, etc.) that may have the capability of interconnections
`with a network of users (including sellers and consumers). Additionally,
`modularity of price and service desired by the consumer and available by the
`seller (fixed price, Dutch auction where the consumer fixes a price, auction where
`a market of buyers and sellers can ”decide” a price). Consumers may View their
`anonymous marketplace transactions very differently because of a lack of
`physical human interactions, but the present
`invention can enable realistic
`transactions
`to occur by maintaining open access
`and offering strict
`authentication and verification of value-added information. This has the effect of
`allowing legacy relationships, legacy information, and legacy business models to
`be offered in a manner which more closely reflects many observable transactions
`in the physical world. The tremendous benefits to sellers and consumers is
`obvious but the ability to isolate and quantify aspects of an over transaction by
`module potentially allows for better price determinations of intangible asset
`insurance, transaction costs, advertising costs, liability, etc. which have physical
`world precedent. In some embodiments, standardization or government support
`are surely anticipated, as the physical world will undoubtedly continue to make
`legal determinations in transactions under dispute.
`An important area of the prior art is discussed under the heading of
`"trusted systems” which architecturally enable users, almost always
`the
`publisher or rights owner, to set rules which bind digitized information copies to
`an inflexible and ”containerized” architecture. System security is typically based
`on persistence of access control over the content in a variety of implementations,
`with access and subsequent usage being tightly tied into the distribution system.
`The prior art has many disclosures which fail to mimic the real world and, in
`effect, eliminate impulse buying, sampling, re-creation of existing works, making
`a transaction more transparent to consumers, providing for support of both
`controlled and uncontrolled value-added information within the same system,
`and other important aspects of information distribution that cannot be predicted
`in advance of more open consumer access or recognition of the information in
`question. See US Pat. No. 5,428,606 for a discussion on democratizing digital
`information exchange between publishers and subscribers of said information.
`A goal for providers of value-added content is to maximize profits for the
`sale of their content. Marketing and promotion of this content still requires
`costly advertising that will not be eliminated with an ever—increasing amount of
`information vying for consumers and other market participants attention.
`Pricing, when inflexible, and expense limitations in creating recognition of a
`particular piece of value-added content are inherent to the nature of a market for
`speculativeiy valued goods. Where such markets have participants, both buyers
`and sellers and their respective agents, with access to the same information in
`real time, market mechanisms efficiently price the market goods or services.
`
`DCGJ 2229 l 39
`
`-4-
`
`
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0006
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0006
`
`

`

`These markets are characterized by ”price commoditization” so buyers and
`sellers are limited to differentiating their offerings by selection and service. if the
`markets are about information itself, it has proven more difficult to accurately
`forecast the market price where sellers maximize their profits. Quality and
`quantity provide different evaluation criteria of selection and service relating to
`the value—added information to be traded. The present invention regards a
`particular set of implementations of value-added content security in markets
`which may include unsecure and secure versions of the same value~added data
`(such as songs, video, research, pictures, electronic logos, electronic trademarks,
`value-added information, etc).
`One fundamental weakness with systems known to those skilled in the art
`is the lack of mechanisms to ensure that buyers and sellers can reach pricing
`equilibrium. This deficit is related to the “speculative”, “fashion”, ”vanity”
`aspect of perceptual content (such as music, video, and art or some future
`recognition to purchasers). For other goods and services being marketed to an
`anonymous marketplace, market participants may never or choose never to see
`an actual
`location with which the transaction is being sought. A physical
`location may simply not exist. There are number of such virtual operations in
`business today who would benefit from the improvements offered under the
`present system.
`The present invention also seeks to provide improvements to the art in
`enabling a realistic model for building trust between parties (or their agents) not
`in a ”system", per se. Because prior art systems lack any inherent ability to allow
`for information to flow freely to enable buyers and sellers to react to changing
`market conditions, as a matter of maintaining ”security”. The present invention
`can co-exist with these "trusted systems” to the extent
`that all market
`participants in a given industry have relatively similar information in which to
`price value—added data.
`The improvement over such systems, however,
`addresses a core features in most data-added value markets: predictions,
`forecasts, and speculation over the value of information is largely a unsuccessful
`activity for buyers and sellers alike. The additional improvement is the ability to
`maintain security even with unsecure or
`legacy versions of value-added
`information available to those who seek choices that
`fit
`less quantitative
`criteria—”aesthetic quality” of
`the information versus "commercial price”.
`Purchase or transaction decisions can be made first by authenticating an
`electronic version of a song, image, video, trademark, stamp, currency, etc.
`Additional anticipated improvements are the ability to support varying
`pricing models such as auctions that are difficult or impossible to accomplish
`under existing prior art that leaves all access and pricing control with the seller
`alone. As well, the separation of the transaction from the exchange of the value-
`added information, giving more control
`to buyers over their identities and
`purchasing habits, both sensitive and separately distinct forms of ”unrelated”
`value—added information. Essentially, no system known in the art allows for
`realistic protocols to establish trust between buyers and sellers in a manner more
`
`DCOI :229l39
`
`-5-
`
`5:
`is;
`:2
`:~
`,
`EZ.“
`:
`
` law-ua“
`
`_.‘JJI'Tfl:l.|__”all
`
`
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0007
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0007
`
`

`

`closely reflecting actual purchasing behavior of consumers and changing selling
`behavior of sellers. The goal in such transactions is the creation of trust between
`parties as well as ”trusted relationships” with those parties. The present
`invention is an example of one such system for media content where the
`”aesthetic" or ”gestalt” of the underlying content and its characteristics is a
`component of buying habits. Without an ability to open distribution systems to
`varying buyers and sellers, media content may be priced at less than maximum
`economic value and buyers may be deprived of a competitive, vigorous
`marketplace
`for
`exciting media
`content
`from many different
`creative
`participants.
`To the extent that recognition ("recognition, recognition, recognition”)
`plays such a key role in an information economy, value-added data should be as
`accessible as possible to the highest number of market participants in the
`interests of further creativity, competitive marketplace for goods and services.
`This is to the benefit of both buyers and sellers as well as the other participants in
`such an economic ecosystem.
`The Internet and other
`transmission-based
`transactions with unknown parties presents a number of challenges
`to
`information age vendors—continuing to develop customer relations, trust and
`profitable sales of their products and services. While the information economy, if
`largely an anonymous marketplace,
`is making it much harder to identify
`consumers ”and” sellers alike: a fundamental problem for an information
`economy. The present invention provides remedies to these weaknesses versus
`other related systems described in the prior art.
`relies on
`One approach US. Pat. No. 5, 892, 900 to Ginter et al.,
`"universal" adoption of a ”virtual distribution environment” (VDE) leaving all
`control over distribution to the publisher, without any flexibility provided to the
`consumer. The limited flexibility that exists is predetermined by the seller.
`While in theory this approach appears to offer important advantages in markets
`where price and product information may be readily available and known to
`market participants (such as commodities), often the sale and exchange of
`”value-added information”, itself, is speculative. Absent open access to said data
`by consumers or other market participants
`(aggregators, distributors,
`wholesalers,
`financial
`interests, etc.)
`leaves a condition of
`indeterminable
`valuation, or even underexploitation of the intangible information asset.
`While Ginter et a1. discusses ”persistence” of the separation between
`rights applications and the foundation of the VDE, what results is a strict set of
`control which unnecessarily limits potentially useful and economically beneficial
`access by those potential purchasers who do not choose to rigidly make decision
`solely on price. The pricing structure has no relationship with the underlying
`value-added data, only the predetermined rules governing the use of the content
`is anticipated. Additionally, the architecture replaces one set of controlled
`distribution with another in the form of a proprietary VDE distribution channel
`or channels; preservation of a ”virtual black box" limits the free flow of content,
`
`DCO l :229139
`
`
`
`-...til".it:lie-i!"-‘ééil,
`____...rr-wnun
`
`.r.n“n -J.'.‘..
`
`
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0008
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0008
`
`

`

`and information about that content, that actually exists to the commercial benefit
`of media content owners.
`The present invention concerns itself with higher economic efficiencies by
`preserving an open architecture that is focused primarily on authentication,
`verification and authorization of value-added information: access restriction is
`not a primary goal. Thus, failure of authentication or verification do not
`constitute a security failure within the context of the present invention as it
`would with Ginter el al. Moreover, legacy media which may exist as physical
`media such as CDs, LaserDiscs, MiniDiscs, photographs, PhotoCD, VHS, Digital
`Video, etc., prerecorded or otherwise, or other unsecure tangible recorded
`media is not excluded by fiat. Consumers are given flexibility in their choice of
`recording media, content characteristics such as quality, time of delivery, etc:
`publishers are still assured payment and also benefit from better information
`flow to and from the marketplace. This is not possible with Ginter et a1. because
`information is used and accessed in only ”authorized ways”.
`Another series of related systems, are US Pat. No. 5,715,403, US Patent No.
`5,634,012, US Pat. No. 5,629,980 all to Stefik, propose associations between
`”usage rights” and a digital work. While these system offer arguably more
`flexibility in enabling different
`rule sets
`for different proposed digital
`distribution channels, all digital works have permanently attached rights. And
`all transactions must be coupled to a repository. It is not clear that affixing rights
`to content necessarily aides sellers or owners of content, especially if the
`consumers or other participants in the market find use in the information not
`known by the seller at the time rights were affixed. Unlike, physical media sold
`and exchanged, limited only by the ”format” (CD, MiniDisc, cassette, LP, for
`examples in music) or ”player” (respectively, CD player, MiniDisc player,
`cassette player, LP player, for examples in music, more generally a reader which
`connects to a transducer) chosen by consumers, the digital works must always
`pass through a repository. While this favors owners of digitized media, the
`proposed technologies cannot handle any legacy media or media which will
`undoubtedly remain unsecure even with an increasing number of digitized
`works being made available to consumers. Not all publishers choose to restrict
`their data, but the format must be readily acceptable for consumers to make
`purchase decisions. Additionally such transactions create situations where the
`information in the digital work has the appearance of being obscured by the
`rights and usage rules attached and coupled to a repository. The present
`invention alleviates the main concern of publishers, that they get paid for their
`value-added data while seeking to maximize their profits, because the security is .
`obscured through steganography (digital watermarking in particular), and only
`authentication protocols are necessary to effect a transaction.
`This leaves
`consumers less suspect of the system or seller and enables the development of
`relationships based on trust between parties, not between a consumer and- a
`closed system.
`
`DCOl :229139
`
`"n'"«W.-n-v-nLil1:1!
`
`
`itrtti'u,:1»-
`
`
`II"““"M".n‘I:ll:-a?%
`
`g
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0009
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0009
`
`

`

`is not
`it wants to be free,
`that
`the nature of information,
`Simply,
`equivalent to the desire of creators of intellectual property (such as a copyrights,
`design, value-added datum) to maximize the commercial value of his work by
`economic incentives. But legal concepts such as ”fair use”, ”first sale doctrine”,
`and "copyright” are necessarily gray areas that should remain open so as to
`increase the potential growth in an information marketplace that is both robust
`and competitive; e.g., both buyers and sellers are satisfied. The present invention
`de-couples the value-added information media from the underlying distribution
`mechanism by emphasizing authentication, verification and authorization
`independent of the transaction mechanisms which are persistently included in
`the prior art. Consumers benefit with the present
`invention, because the
`processes envisioned more closely resemble real world exchange of content and
`other value-added data. The prior art is limiting in that consumers are not
`trusted, trust
`is "held” or “escrowed” in an inflexible system.
`Instead of
`relationships with consumers,
`these systems mandate relationships with
`protocols.
`US Pat. No. 5,638,443 and US Pat. No. 5,530,235 both to Stefik et a1. seek to
`alleviate problems in determining the contents of value-added data and enabling
`a system of repository—stored ”composite digital works”. The deficiencies of
`these two applications lie in the restriction of access by consumers to media or
`other value-added data, and prevent legacy media or unsecure, non—content
`revealing storage media to be inaccessible without any increased benefit to any
`given publisher. For recognizable digital works, these complementary systems
`may offer some limited benefits in access control, but they do not allow for
`interactions with unsecured or existing legacy media files, as they exist in the real
`world, or as contemplated under the present invention. Further, the system may
`give the appearance to consumers that they cannot be trusted. The present
`invention seeks to ”keep honest people honest".
`Another approach which is arguably less stringent than the ”trusted
`systems" and ”secure containers" in the art is that disclosed in US Pat No.
`5,673,316 to Auerbach et a1. Auerbach et a1. disclose a means for restricting
`access to digital information by breaking information parts and associating
`encryption keys for these parts. The parts form a cryptographic envelope with
`related part encryption keys (PEKs) which predetermine access, control and
`distribution of the digital data, based on predetermined terms and conditions.
`In essence, Auerbach is using the “open nature” of public key cryptography and
`its ”scalable” infrastructure but based on pre-processing of data to enable
`secured access.
`The
`implicit assumption is
`that
`sellers benefit
`from
`”superdistribution“, meaning so long as a rights owner is paid no other factor in
`a transaction for media is valuable to the seller. The present invention seeks to
`bring buyers and sellers closer together for beneficial economic relationships, not
`distance them with predetermined rules for purchase and use. Because the PEKs
`must be permanently associated with the digital information, again, as with the
`above mentioned prior art, legacy media in pro—recorded format (CD, Laser Disc,
`
`D00] :229139
`
`-3-
`
` 3::
`
`in”
`‘i‘
`av-
`
`11-1-1-itita-‘1'.
`
`DISH-Blue Spike-246
`
`Exhibit 1013, Page 0010
`
`DISH-Blue Spike-246
`Exhibit 1013, Page 0010
`
`

`

`PhotoCD, Nintendo, etc.) cannot be effectively leveraged, nor can unsecure
`media in the future coexist in a consistent manner to the benefit of both the
`publisher and consumer.
`It would not be possible to successfully authenticate
`the content unless all content passed through Auerbach et al.’s contemplated
`embodiments. While publishers may certainly choose to limit access to their
`value-added data, the present invention offers a unique means to leverage the
`overall commercial value of such works by incorporating open authentication,
`verification and authorization protocols and allowing co-existence of legacy
`media. Moreover, the present invention does not change the file’s format as does
`Auerback et al. The present invention accomplishes this with cryptographic (for
`confidence,
`authentication and data
`integrity)
`and steganographic
`(for
`tamperproofing,
`authentication
`and
`content-based
`embedding security)
`protocols seeking to isolate a transaction from exchange of value-added data at
`various content characteristic-based quality levels.
`Some further
`related prior art
`includes US Pat. No. 5,412,718 to
`Narasimhalu et
`a1.
`disclose
`a means
`for utilizing
`storage medium
`“nonuniformities” which are processed as a signature for any particular storage
`medium and its subsequently generated cryptographic signature. Although this
`represents a form of copy protection security, more robust techniques in the art,
`including those by the present
`inventor, are better able
`at
`securing,
`authenticating and maintaining content quality—namely digital watermarks.
`The present invention is not storage medium-based, but portable and scalable in
`authentication and distribution of value-added media. Bright el al. disclose, in
`US Pat. No. 4,262,329, means for maintaining all cryptographic processes in a
`secure "vault”. This example of prior art is more restrictive than many ”trusted
`systems” disclosures, and thus suffers from the same weaknesses described
`above. US Pat. No. 5,287,407 to Holmes suggests a means for software copy
`protection.
`To the extent
`that
`tools are now available to rid any non-
`cryptographically embedded data in a file without adverse repercussions is a
`weakness that
`is overcome with digital watermarking techniques for both
`content (digital sampled content) and functional software (zero error tolerance).
`The present
`invention relies on content quality degradation as well as
`verification of authentic value—added information as important
`facets
`in
`increasing the benefits of both buyers and sellers of value-added data. US Pat.
`No. 5,191,573 and US Patent No. 5,675,734 both to Hair, describe a means for
`distributing audio or video signals.
`The present
`invention offers
`the
`improvement on this art, and related systems, in separating the transaction
`function from the delivery functions.
`The present
`invention also has
`mechanisms for ensuring payment, authentication of the content signal, and the
`ability to handle secure and unsecure information in a consistent, secure manner.
`The present invention is concerned with methods and systems which
`enable secure, paid exchange of value—added information, while separating
`transaction protocols. The present invention improves on existing means for
`distribution control by relying on authenticati