`NEIFELD REF: SCOT0014-7
`CLIENT REF: SCOT0014-7
`CLIENT REF: SCOT0014-7
`Application/Patent No: Unknown
`Application/Patent No: Unknown
`USPTO CONF. NO: Unknown
`USPTO CONF. NO: Unknown
`File/Issue Date: Filed Herewith
`File/Issue Date: Filed Herewith
`Inventor: SCOTT MOSKOWITZ
`Inventor: SCOTT MOSKOWITZ
`Title: Data protection method and device
`Title: Data protection method and device
`Examiner/ArtUnit: Unknown
`Examiner/ArtUnit: Unknown
`ENTITY STATUS: Unknown
`ENTITY STATUS: Unknown
`Priority claims and PCT Intl data: This application is a continuation of U.S. Application No.
`Priority claims and PCT Intl data: This application is a continuation of U.S. Application No.
`13/556,420, filed July 24, 2012, which is a continuation of U.S. Application No. 11/895,388,
`13/556,420, filed July 24, 2012, which is a continuation of U.S. Application No. 11/895,388,
`filed August 24, 2007, which is a division of U.S. patent application No. 10/602,777, filed June
`filed August 24, 2007, which is a division of U.S. patent application No. 10/602,777, filed June
`25, 2003, issued February 16, 2010 as U.S. Patent No. 7,664,263, which is a continuation of U.S.
`25, 2003, issued February 16, 2010 as U.S. Patent No. 7,664,263, which is a continuation of U.S.
`patent application No. 09/046,627, filed March 24, 1998, issued Jul. 22, 2003, as U.S. Pat. No.
`patent application No. 09/046,627, filed March 24, 1998, issued Jul. 22, 2003, as U.S. Pat. No.
`6,598,162. The entire disclosure of U.S. Application No. 13/556,420, filed July 24, 2012, U.S.
`6,598,162. The entire disclosure of U.S. Application No. 13/556,420, filed July 24, 2012, U.S.
`Application No. 11/895,388, filed August 24, 2007, U.S. patent application No. 09/046,627,.
`Application No. 11/895,388, filed August 24, 2007, U.S. patent application No. 09/046,627,
`issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162,. and U.S. patent application No. 08/587,943,
`issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162, and U.S. patent application No. 08/587,943,
`filed Jan. 17, 1996, issued Apr. 28, 1998, as U.S. Pat. No. 5,745,569 are hereby incorporated by
`filed Jan. 17, 1996, issued Apr. 28, 1998, as U.S. Pat. No. 5,745,569 are hereby incorporated by
`reference in their entireties.
`reference in their entireties.
`
`37 CFR 1.7(c) FILING RECEIPT AND TRANSMITTAL LETTER WITH
`37 CFR 1.7(c) FILING RECEIPT AND TRANSMITTAL LETTER WITH
`AUTHORIZATION TO CHARGE DEPOSIT ACCOUNT
`AUTHORIZATION TO CHARGE DEPOSIT ACCOUNT
`
`FOR 35 USC 371 NATIONAL STAGE FILINGS, ONLY, THE COMMISSIONER
`FOR 35 USC 371 NATIONAL STAGE FILINGS, ONLY, THE COMMISSIONER
`1.
`1.
`IS HEREBY AUTHORIZED TO CHARGE ANY FEES WHICH MAY BE REQUIRED,
`IS HEREBY AUTHORIZED TO CHARGE ANY FEES WHICH MAY BE REQUIRED,
`OR CREDIT ANY OVERPAYMENT, TO DEPOSIT ACCOUNT NUMBER 50-2106.
`OR CREDIT ANY OVERPAYMENT, TO DEPOSIT ACCOUNT NUMBER 50-2106.
`
`FEES (PAID HEREWITH BY EFS CREDIT CARD SUBMISSION) $:1390
`2.
`FEES (PAID HEREWITH BY EFS CREDIT CARD SUBMISSION) 5:1390
`2.
`1011/2011 1.16(a)(1) Basic filing fee - Utility 390.00
`1011/2011 1.16(a)(1) Basic filing fee - Utility 390.00
`1111/2111 1.16(k) Utility Search Fee 620.00
`1111/2111 1.16(k) Utility Search Fee 620.00
`1311/2311 1.16(o) Utility Examination Fee 250.00
`1311/2311 1.16(o) Utility Examination Fee 250.00
`1051/2051 1.16(f) Surcharge - Late filing fee, search fee, examination fee or oath or declaration
`1051/2051 1.16(f) Surcharge - Late filing fee, search fee, examination fee or oath or declaration
`130.00
`130.00
`
`3.
`3.
`
`THE FOLLOWING DOCUMENTS ARE SUBMITTED HEREWITH:
`THE FOLLOWING DOCUMENTS ARE SUBMITTED HEREWITH:
`NEW APPLICATION DOCUMENTS
`NEW APPLICATION DOCUMENTS
`37 CFR 1.115 PRELIMINARY AMENDMENT (4 pages)
`37 CFR 1.115 PRELIMINARY AMENDMENT (4 pages)
`SPECIFICATION (22 pages)
`SPECIFICATION (22 pages)
`CLAIMS (8 pages)
`CLAIMS (8 pages)
`ABSTRACT (1 page)
`ABSTRACT (1 page)
`FIGURES (1 page)
`FIGURES (1 page)
`UNSIGNED INVENTOR DECLARATION (37 CFR 1.63) AND ASSIGNMENT (37 CFR 1.46)
`UNSIGNED INVENTOR DECLARATION (37 CFR 1.63) AND ASSIGNMENT (37 CFR 1.46)
`FOR A PATENT APPLICATION FILED ON AND AFTER SEPTEMBER 16, 2012 (4 pages)
`FOR A PATENT APPLICATION FILED ON AND AFTER SEPTEMBER 16, 2012 (4 pages)
`Application Data Sheet 37 CFR 1.76 (6 pages)
`Application Data Sheet 37 CFR 1.76 (6 pages)
`
`FOR INTERNAL NEIFELD IP LAW, PC USE ONLY
`4.
`FOR INTERNAL NEIFELD IP LAW, PC USE ONLY
`4.
`Disbursements: BankAcct#6, PClaw billing matter, G/L 5010, check, amount, and entry date:
`Disbursements: BankAcct#6, PClaw billing matter, G/L 5010, check, amount, and entry date:
`SCOT0001, 1774, 1390, 3-11-2013
`SCOT0001, 1774, 1390, 3-11-2013
`Service Fees: Amount/CreditAtty/entry date/Services:
`Service Fees: Amount/CreditAtty/entry date/Services:
`
`1
`1
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0001
`
`
`
`400, BTM, 3/11/2013, firm charge for paying a gov. fee for application filing.
`400, BTM, 3/11/2013, firm charge for paying a gov. fee for application filing.
`
`INITIALS OF PERSON WHO ENTERED ACCOUNTING DATA:
`INITIALS OF PERSON WHO ENTERED ACCOUNTING DATA:
`AUTHORIZING SIGNER ON DEPOSIT ACCOUNT:
`AUTHORIZING SIGNER ON DEPOSIT ACCOUNT:
`DATE: 3/11/2013
`DATE: 3/11/2013
`SIGNATURE: /BruceMargulies/
`SIGNATURE: /BruceMargulies/
`Printed: March 11, 2013 (8:26pm)
`Bruce Margulies, Reg. No. 64,175
`Printed: March 11, 2013 (8:26pm)
`Bruce Margulies, Reg. No. 64,175
`Y:\Clients\SCOT Scott A Moskowitz and Wistaria Trading,
`Y:\Clients\SCOT Scott A Moskowitz and Wistaria Trading,
`Inc\SCOT0014-7\Drafts\ApplicationFilingDocuments\ApplicationFiling SCOT0014-7 3-11-20
`Tnc\SCOT0014-7\Drafts\ApplicationFilingDocuments\ApplicationFiling SCOT0014-7 3-1 1-20
`13a.wpd
`13a.wpd
`
`2
`2
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0002
`
`
`
`NEIFELD REF: SCOT0014-7
`NEIFELD REF: SCOT0014-7
`CLIENT REF: SCOT0014-7
`CLIENT REF: SCOT0014-7
`Application/Patent No: Unknown
`Application/Patent No: Unknown
`USPTO CONF. NO: Unknown
`USPTO CONF. NO: Unknown
`File/Issue Date: Filed Herewith
`File/Issue Date: Filed Herewith
`Inventor: SCOTT MOSKOWITZ
`Inventor: SCOTT MOSKOWITZ
`Title: Data protection method and device
`Title: Data protection method and device
`Examiner/ArtUnit: Unknown
`Examiner/ArtUnit: Unknown
`ENTITY STATUS: Unknown
`ENTITY STATUS: Unknown
`Priority claims and PCT Intl data: This application is a continuation of U.S. Application No.
`Priority claims and PCT Intl data: This application is a continuation of U.S. Application No.
`13/556,420, filed July 24, 2012, which is a continuation of U.S. Application No. 11/895,388,
`13/556,420, filed July 24, 2012, which is a continuation of U.S. Application No. 11/895,388,
`filed August 24, 2007, which is a division of U.S. patent application No. 10/602,777, filed June
`filed August 24, 2007, which is a division of U.S. patent application No. 10/602,777, filed June
`25, 2003, issued February 16, 2010 as U.S. Patent No. 7,664,263, which is a continuation of U.S.
`25, 2003, issued February 16, 2010 as U.S. Patent No. 7,664,263, which is a continuation of U.S.
`patent application No. 09/046,627, filed March 24, 1998, issued Jul. 22, 2003, as U.S. Pat. No.
`patent application No. 09/046,627, filed March 24, 1998, issued Jul. 22, 2003, as U.S. Pat. No.
`6,598,162. The entire disclosure of U.S. Application No. 13/556,420, filed July 24, 2012, U.S.
`6,598,162. The entire disclosure of U.S. Application No. 13/556,420, filed July 24, 2012, U.S.
`Application No. 11/895,388, filed August 24, 2007, U.S. patent application No. 09/046,627,.
`Application No. 11/895,388, filed August 24, 2007, U.S. patent application No. 09/046,627,
`issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162,. and U.S. patent application No. 08/587,943,
`issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162, and U.S. patent application No. 08/587,943,
`filed Jan. 17, 1996, issued Apr. 28, 1998, as U.S. Pat. No. 5,745,569 are hereby incorporated by
`filed Jan. 17, 1996, issued Apr. 28, 1998, as U.S. Pat. No. 5,745,569 are hereby incorporated by
`reference in their entireties.
`reference in their entireties.
`
`37 CFR 1.115 PRELIMINARY AMENDMENT
`37 CFR 1.115 PRELIMINARY AMENDMENT
`
`ASSISTANT COMMISSIONER FOR PATENTS
`ASSISTANT COMMISSIONER FOR PATENTS
`ALEXANDRIA, VA 22313
`ALEXANDRIA, VA 22313
`
`Sir:
`Sir:
`
`Prior to examination on the merits, please amend this application as follows.
`Prior to examination on the merits, please amend this application as follows.
`
`1
`1
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0003
`
`
`
`I.
`I.
`
`IN THE SPECIFICATION
`IN THE SPECIFICATION
`
`At Page 1, please replace Paragraph [0001] with the following paragraph:
`At Page 1, please replace Paragraph [0001] with the following paragraph:
`
`[0001] This application is a continuation of U.S. Application No. 13/556,420, filed July 24,
`[0001] This application is a continuation of U.S. Application No. 13/556,420, filed July 24,
`
`2012, which is a continuation of U.S. Application No. 11/895,388, filed August 24, 2007, which
`2012, which is a continuation of U.S. Application No. 11/895,388, filed August 24, 2007, which
`
`is a division of U.S. patent application No. 10/602,777, filed June 25, 2003, issued February 16,
`is a division of U.S. patent application No. 10/602,777, filed June 25, 2003, issued February 16,
`
`2010 as U.S. Patent No. 7,664,263, which is a continuation of U.S. patent application No.
`2010 as U.S. Patent No. 7,664,263, which is a continuation of U.S. patent application No.
`
`09/046,627, filed March 24, 1998, issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162, IN lien is IS
`09/046,627, filed March 24, 1998, issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162, wliicl1 i_ a
`
`of U.S. patent application o.
`continuation -in-part of
`. . patent application No. 08/587,943, filed Jan. 17,
`-p
`filed
`. 17,
`U
`CO
`
` issued pi.
` issued p .
`
`2-8 1-99.8.7a-s-1717°=ftat
`
`io757,741-5794-3-. The entire disclosure of U.S. Application No. 13/556,420,
`. The entire disclosure of U.S. Application No. 13/556,420,
`
`filed July 24, 2012, U.S. Application No. 11/895,388, filed August 24, 2007, U.S. patent
`filed July 24, 2012, U.S. Application No. 11/895,388, filed August 24, 2007, U.S. patent
`
`application No. 09/046,627, issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162, and U.S. patent
`application No. 09/046,627,. issued Jul. 22, 2003, as U.S. Pat. No. 6,598,162,. and U.S. patent
`
`application No. 08/587,943, filed Jan. 17, 1996, issued Apr. 28, 1998, as U.S. Pat. No. 5,745,94?
`application No. 08/587,943, filed Jan. 17, 1996, issued Apr. 28, 1998, as U.S. Pat. No. 5,745,943
`
`5,745,569 are hereby incorporated by reference in their entireties.
`5,745,569 are hereby incorporated by reference in their entireties.
`
`2
`2
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0004
`
`
`
`II.
`II.
`
`IN THE CLAIMS
`IN THE CLAIMS
`
`1.
`1.
`
`(Original)
`(Original)
`
`A method for copy protection of digital information, the digital
`A method for copy protection of digital information, the digital
`
`information including a digital sample and format information, comprising the steps of:
`information including a digital sample and format information, comprising the steps of:
`
`identifying a portion of the format information to he encoded; generating encoded format
`identifying a portion of the format information to be encoded; generating encoded format
`
`information from the identified portion of the format information; and generating encoded digital
`information from the identified portion of the format information; and generating encoded digital
`
`information, including the digital sample and the encoded format information.
`information, including the digital sample and the encoded format information.
`
`2-57
`2-57
`
`(Canceled).
`(Canceled).
`
`3
`3
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0005
`
`
`
`III.
`III.
`
`REMARKS
`REMARKS
`
`This preliminary amendment updates the priority claim and cancels claims 2-57. Claim 1
`This preliminary amendment updates the priority claim and cancels claims 2-57. Claim 1
`
`is pending. The applicant intends to add claims for examination prior to examination.
`is pending. The applicant intends to add claims for examination prior to examination.
`
`3/11/2013
`3/11/2013
`
`Date
`Date
`
`Respectfully Submitted,
`Respectfully Submitted,
`
`/BruceMargulies/
`/BruceMargulies/
`
`Bruce Margulies
`Bruce Margulies
`
`Registration No. 64,175
`Registration No. 64,175
`
`BTM
`BTM
`
`Printed: March 11, 2013 (8:26pm)
`Printed: March 11, 2013 (8:26pm)
`
`Y:\Clients\SCOT Scott A Moskowitz and Wistaria Trading,
`Y:\Clients\SCOT Scott A Moskowitz and Wistaria Trading,
`
`Inc\SCOT0014-7\Drafts\ApplicationFilingDocuments\ApplicationFiling_SCOT0014-7_3-11-20
`Inc\SCOT0014-7\Drafts\ApplicationFilingDocuments\ApplicationFiling SCOT0014-7 3-11-20
`
`13a.wpd
`13a.wpd
`
`4
`4
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0006
`
`
`
`DATA PROTECTION METHOD AND DEVICE
`DATA PROTECTION METHOD AND DEVICE
`
`CROSS-REFERENCE TO RELATED APPLICATIONS
`CROSS-REFERENCE TO RELATED APPLICATIONS
`
`[0001] This application is a divisional of U.S. patent application Ser. No. 10/602,777, which is a
`[0001] This application is a divisional of U.S. patent application Ser. No. 10/602,777, which is a
`
`continuation application of U.S. patent application Ser. No. 09/046,627 (which issued Jul. 22,
`continuation application of U.S. patent application Ser. No. 09/046,627 (which issued Jul. 22,
`
`2003, as U.S. Pat. No. 6,598,162), which is a continuation-in-part of U.S. patent application Ser.
`2003, as U.S. Pat. No. 6,598,162), which is a continuation-in-part of U.S. patent application Ser.
`
`No. 08/587,943, filed Jan. 17, 1996, (which issued Apr. 28, 1998, as U.S. Pat. No. 5,745,943).
`No. 08/587,943, filed Jan. 17, 1996, (which issued Apr. 28, 1998, as U.S. Pat. No. 5,745,943).
`
`The entire disclosure of U.S. patent application Ser. No. 09/046,627 (which issued Jul. 22, 2003,
`The entire disclosure of U.S. patent application Ser. No. 09/046,627 (which issued Jul. 22, 2003,
`
`as U.S. Pat. No. 6,598,162) and U.S. patent application Ser. No. 08/587,943, filed Jan. 17, 1996,
`as U.S. Pat. No. 6,598,162) and U.S. patent application Ser. No. 08/587,943, filed Jan. 17, 1996,
`
`(which issued Apr. 28, 1998, as U.S. Pat. No. 5,745,943) are hereby incorporated by reference in
`(which issued Apr. 28, 1998, as U.S. Pat. No. 5,745,943) are hereby incorporated by reference in
`
`their entireties.
`their entireties.
`
`FIELD OF THE INVENTION
`FIELD OF THE INVENTION
`
`[0002] The invention relates to the protection of digital information. More particularly, the
`[0002] The invention relates to the protection of digital information. More particularly, the
`
`invention relates to a method and device for data protection.
`invention relates to a method and device for data protection.
`
`[0003] With the advent of computer networks and digital multimedia, protection of intellectual
`[0003] With the advent of computer networks and digital multimedia, protection of intellectual
`
`property has become a prime concern for creators and publishers of digitized copies of
`property has become a prime concern for creators and publishers of digitized copies of
`
`copyrightable works, such as musical recordings, movies, video games, and computer software.
`copyrightable works, such as musical recordings, movies, video games, and computer software.
`
`One method of protecting copyrights in the digital domain is to use "digital watermarks."
`One method of protecting copyrights in the digital domain is to use "digital watermarks."
`
`[0004] The prior art includes copy protection systems attempted at many stages in the
`[0004] The prior art includes copy protection systems attempted at many stages in the
`
`development of the software industry. These may be various methods by which a software
`development of the software industry. These may be various methods by which a software
`
`engineer can write the software in a clever manner to determine if it has been copied, and if so to
`engineer can write the software in a clever manner to determine if it has been copied, and if so to
`
`deactivate itself. Also included arc undocumented changes to the storage format of the content.
`deactivate itself. Also included are undocumented changes to the storage format of the content.
`
`Copy protection was generally abandoned by the software industry, since pirates were generally
`Copy protection was generally abandoned by the software industry, since pirates were generally
`
`just as clever as the software engineers and figured out ways to modify the software and
`just as clever as the software engineers and figured out ways to modify the software and
`
`deactivate the protection. The cost of developing such protection was not justified considering
`deactivate the protection. The cost of developing such protection was not justified considering
`
`the level of piracy which occurred despite the copy protection.
`the level of piracy which occurred despite the copy protection.
`
`[0005] Other methods for protection of computer software include the requirement of entering
`[0005] Other methods for protection of computer software include the requirement of entering
`
`certain numbers or facts that may be included in a packaged software's manual, when prompted
`certain numbers or facts that may be included in a packaged software's manual, when prompted
`
`at start-up. These may be overcome if copies of the manual are distributed to unintended users,
`at start-up. These may be overcome if copies of the manual are distributed to unintended users,
`
`1
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0007
`
`
`
`or by patching the code to bypass these measures. Other methods include requiring a user to
`or by patching the code to bypass these measures. Other methods include requiring a user to
`
`contact the software vendor and to receive "keys" for unlocking software after registration
`contact the software vendor and to receive "keys" for unlocking software after registration
`
`attached to some payment scheme, such as credit card authorization. Further methods include
`attached to some payment scheme, such as credit card authorization. Further methods include
`
`network-based searches of a user's hard drive and comparisons between what is registered to that
`network-based searches of a user's hard drive and comparisons between what is registered to that
`
`user and what is actually installed on the user's general computing device. Other proposals, by
`user and what is actually installed on the user's general computing device. Other proposals, by
`
`such parties as AT&T's Bell Laboratories, use "kerning" or actual distance in pixels, in the
`such parties as AT&T's Bell Laboratories, use "kerning" or actual distance in pixels, in the
`
`rendering of text documents, rather than a varied number of ASCII characters. However, this
`rendering of text documents, rather than a varied number of ASCII characters. However, this
`
`approach can often be defeated by graphics processing analogous to sound processing, which
`approach can often be defeated by graphics processing analogous to sound processing, which
`
`randomizes that information. All of these methods require outside determination and verification
`randomizes that information. All of these methods require outside determination and verification
`
`of the validity of the software license.
`of the validity of the software license.
`
`[0006] Digital watermarks can be used to mark each individual copy of a digitized work with
`[0006] Digital watermarks can be used to mark each individual copy of a digitized work with
`
`information identifying the title, copyright holder, and even the licensed owner of a particular
`information identifying the title, copyright holder, and even the licensed owner of a particular
`
`copy. When marked with licensing and ownership information, responsibility is created for
`copy. When marked with licensing and ownership information, responsibility is created for
`
`individual copies where before there was none. Computer application programs can be
`individual copies where before there was none. Computer application programs can be
`
`watermarked by watermarking digital content resources used in conjunction with images or
`watermarked by watermarking digital content resources used in conjunction with images or
`
`audio data Digital watermarks can be encoded with random or pseudo random keys, which act as
`audio data Digital watermarks can be encoded with random or pseudo random keys, which act as
`
`secret maps for locating the watermarks. These keys make it impossible for a party to find the
`secret maps for locating the watermarks. These keys make it impossible for a party to find the
`
`watermark without having the key. In addition, the encoding method can be enhanced to force a
`watermark without having the key. In addition, the encoding method can be enhanced to force a
`
`party to cause damage to a watermarked data stream when trying to erase a random-key
`party to cause damage to a watermarked data stream when trying to erase a random-key
`
`watermark. Other information is disclosed in "Technology: Digital Commerce", Denise Caruso,
`watermark. Other information is disclosed in "Technology: Digital Commerce", Denise Caruso,
`
`New York Times, Aug. 7, 1995; and "Copyrighting in the Information Age", Harley Ungar,
`New York Times, Aug. 7, 1995; and "Copyrighting in the Information Age", Harley Ungar,
`
`ONLINE MARKETPLACE, September 1995, Jupiter Communications.
`ONLINE MARKETPLACE, September 1995, Jupiter Communications.
`
`[0007] Additionally, other methods for hiding information signals in content signals, are
`[0007] Additionally, other methods for hiding information signals in content signals, are
`
`disclosed in U.S. Pat. No. 5,319,735--Preuss et al. and U.S. Pat. No. 5,379,345--Greenberg.
`disclosed in U.S. Pat. No. 5,319,735--Preuss et al. and U.S. Pat. No. 5,379,345--Greenberg.
`
`[0008] It is desirable to use a "stega-cipher" or watermarking process to hide the necessary parts
`[0008] It is desirable to use a "stega-cipher" or watermarking process to hide the necessary parts
`
`or resources of the executable object code in the digitized sample resources. It is also desirable to
`or resources of the executable object code in the digitized sample resources. It is also desirable to
`
`further modify the underlying structure of an executable computer application such that it is
`further modify the underlying structure of an executable computer application such that it is
`
`more resistant to attempts at patching and analysis by memory capture. A computer application
`more resistant to attempts at patching and analysis by memory capture. A computer application
`
`seeks to provide a user with certain utilities or tools, that is, users interact with a computer or
`seeks to provide a user with certain utilities or tools, that is, users interact with a computer or
`
`similar device to accomplish various tasks and applications provide the relevant interface. Thus,
`similar device to accomplish various tasks and applications provide the relevant interface. Thus,
`
`2
`2
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0008
`
`
`
`a level of authentication can also be introduced into software, or "digital products," that include
`a level of authentication can also be introduced into software, or "digital products," that include
`
`digital content, such as audio, video, pictures or multimedia, with digital watermarks. Security is
`digital content, such as audio, video, pictures or multimedia, with digital watermarks. Security is
`
`maximized because erasing this code watermark without a key results in the destruction of one
`maximized because erasing this code watermark without a key results in the destruction of one
`
`or more essential parts of the underlying application, rendering the "program" useless to the
`or more essential parts of the underlying application, rendering the "program" useless to the
`
`unintended user who lacks the appropriate key. Further, if the key is linked to a license code by
`unintended user who lacks the appropriate key. Further, if the key is linked to a license code by
`
`means of a mathematical function, a mechanism for identifying the licensed owner of an
`means of a mathematical function, a mechanism for identifying the licensed owner of an
`
`application is created.
`application is created.
`
`[0009] It is also desirable to randomly reorganize program memory structure intermittently
`[0009] It is also desirable to randomly reorganize program memory structure intermittently
`
`during program run time, to prevent attempts at memory capture or object code analysis aimed at
`during program run time, to prevent attempts at memory capture or object code analysis aimed at
`
`eliminating licensing or ownership information, or otherwise modifying, in an unintended
`eliminating licensing or ownership information, or otherwise modifying, in an unintended
`
`manner, the functioning of the application.
`manner, the functioning of the application.
`
`[0010] In this way, attempts to capture memory to determine underlying functionality or provide
`[0010] In this way, attempts to capture memory to determine underlying functionality or provide
`
`a "patch" to facilitate unauthorized use of the "application," or computer program, without
`a "patch" to facilitate unauthorized use of the "application," or computer program, without
`
`destroying the functionality and thus usefulness of a copyrightable computer program can be
`destroying the functionality and thus usefulness of a copyrightable computer program can be
`
`made difficult or impossible.
`made difficult or impossible.
`
`[0011] It is thus the goal of the present invention to provide a higher level of copyright security
`[0011] It is thus the goal of the present invention to provide a higher level of copyright security
`
`to object code on par with methods described in digital watermarking systems for digitized
`to object code on par with methods described in digital watermarking systems for digitized
`
`media content such as pictures, audio, video and multimedia content in its multifarious forms, as
`media content such as pictures, audio, video and multimedia content in its multifarious forms, as
`
`described in previous disclosures, "Steganographic Method and Device" Ser. No. 08/489,172,
`described in previous disclosures, "Steganographic Method and Device" Ser. No. 08/489,172,
`
`filed Jun. 7, 1995, now U.S. Pat. No. 5,613,004, and "Human Assisted Random Key Generation
`filed Jun. 7, 1995, now U.S. Pat. No. 5,613,004, and "Human Assisted Random Key Generation
`
`and Application for Digital Watermark System", Ser. No. 08/587,944, filed on Jan. 17, 1996, the
`and Application for Digital Watermark System", Ser. No. 08/587,944, filed on Jan. 17, 1996, the
`
`disclosure of which is hereby incorporated by reference.
`disclosure of which is hereby incorporated by reference.
`
`[0012] It is a further goal of the present invention to establish methods of copyright protection
`[0012] It is a further goal of the present invention to establish methods of copyright protection
`
`that can be combined with such schemes as software metering, network distribution of code and
`that can be combined with such schemes as software metering, network distribution of code and
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`specialized protection of software that is designed to work over a network, such as that proposed
`specialized protection of software that is designed to work over a network, such as that proposed
`
`by Sun Microsystems in their HotJava browser and Java programming language, and
`by Sun Microsystems in their HotJava browser and Java programming language, and
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`manipulation of application code in proposed distribution of documents that can be exchanged
`manipulation of application code in proposed distribution of documents that can be exchanged
`
`with resources or the look and feel of the document being preserved over a network. Such
`with resources or the look and feel of the document being preserved over a network. Such
`
`systems are currently being offered by companies including Adobe, with their Acrobat software.
`systems are currently being offered by companies including Adobe, with their Acrobat software.
`
`3
`3
`
`DISH-Blue Spike-602
`Exhibit 1004, Page 0009
`
`
`
`This latter goal is accomplished primarily by means of the watermarking of font, or typeface,
`This latter goal is accomplished primarily by means of the watermarking of font, or typeface,
`
`resources included in applications or documents, which determine how a bitmap representation
`resources included in applications or documents, which determine how a bitmap representation
`
`of the document is ultimately drawn on a presentation device.
`of the document is ultimately drawn on a presentation device.
`
`[0013] The present invention includes an application of the technology of "digital watermarks."
`[0013] The present invention includes an application of the technology of "digital watermarks."
`
`As described in previous disclosures, "Steganographic Method and Device" and "Human
`As described in previous disclosures, "Steganographic Method and Device" and "Human
`
`Assisted Random Key Generation and Application for Digital Watermark System," watermarks
`Assisted Random Key Generation and Application for Digital Watermark System," watermarks
`
`are particularly suitable to the identification, metering, distributing and authenticating digitized
`are particularly suitable to the identification, metering, distributing and authenticating digitized
`
`content such as pictures, audio, video and derivatives thereof under the description of
`content such as pictures, audio, video and derivatives thereof under the description of
`
`"multimedia content." Methods have been described for combining both cryptographic methods,
`"multimedia content." Methods have been described for combining both cryptographic methods,
`
`and steganography, or hiding something in plain view. Discussions of these technologies can be
`and steganography, or hiding something in plain view. Discussions of these technologies can be
`
`found in Applied Cryptography by Bruce Schneier and The Code Breakers by David Kahn. For
`found in Applied Cryptography by Bruce Schneier and The Code Breakers by David Kahn. For
`
`more information on prior art public-key cryptosystems see U.S. Pat. No. 4,200,770
`more information on prior art public-key cryptosystems see U.S. Pat. No. 4,200,770
`
`Diffie-Hellman, U.S. Pat. No. 4,218,582 Hellman, U.S. Pat. No. 4,405,829 RSA, U.S. Pat. No.
`Diffie-Hellman, U.S. Pat. No. 4,218,582 Hellman, U.S. Pat. No. 4,405,829 RSA, U.S. Pat. No.
`
`4,424,414 Hellman Pohlig. Computer code, or machine language instructions, which are not
`4,424,414 Hellman Pohlig. Computer code, or machine language instructions, which are not
`
`digitized and have zero tolerance for error, must be protected by derivative or alternative
`digitized and have zero tolerance for error, must be protected by derivative or alternative
`
`methods, such as those disclosed in this invention, which focuses on watermarking with "keys"
`methods, such as those disclosed in this invention, which focuses on watermarking with "keys"
`
`derived from license codes or other ownership identification information, and using the
`derived from license codes or other ownership identification information, and using the
`
`watermarks encoded with such keys to hide an essential subset of the application code resources.
`watermarks encoded with such keys to hide an essential subset of the application code resources.
`
`BACKGROUND OF THE INVENTION
`BACKGROUND OF THE INVENTION
`
`[0014] Increasingly, commercially valuable information is being created and stored in "digital"
`[0014] Increasingly, commercially valuable information is being created and stored in "digital"
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`form. For example, music, photographs and video can all be stored and transmitted as a series of
`form. For example, music, photographs and video can all be stored and transmitted as a series of
`
`numbers, such as l's and O's. Digital techniques let the original information be recreated in a very
`numbers, such as l's and 0's. Digital techniques let the original information be recreated in a very
`
`accurate manner. Unfortunately, digital techniques also let the information be easily copied
`accurate manner. Unfortunately, digital techniques also let the information be easily copied
`
`without the information owner's permission.
`without the information owner's permission.
`
`[0015] Because unauthorized copying is clearly a disincentive to the digital distribution of
`[0015] Because unauthorized copying is clearly a disincentive to the digital distribution of
`
`valuable information, it is important to establish