throbber
AFFIDAVIT OF CHRISTOPHER BUTLER
`
`I. I am the Office Manager at the Internet Archive, located in San l-‘ranc1sco=
`California. I make this declaration of my own personal knowledge.
`2. The Internet Archive is a website that provides access to a digital library of
`Internet sites and other cultural artifacts in digital form. Like a paper library, we provide
`free access to researchers, historians, scholars, and the general public. The Internet
`Archive has partnered with and receives support from various institutions, including the
`Library ofCongress.
`3. The Internet Archive has created a service known as the Wayback Machine. The
`Wayback Machine makes it possible to surf more than 450 billion pages stored in the
`Internet Archive's web archive. Visitors to the Wayback Machine can search archives
`by URL (i.e., a website address). If archived records for a URL are available, the visitor
`will be presented with a list of available dates. The visitor may select one ofthose
`dates, and then begin surfing on an archived version ofthe Web. The links on the
`archived files, when served by the Wayback Machine, point to other archived files
`(whether HTML pages or images}. lfa visitor ciicits on a link on an archived page, the
`Wayback Machine will serve the archived file with the closest available date to the page
`upon which the link appeared and was clicked.
`4. The archived data made viewable and browscable by the Wayback Machine is
`compiled using software programs known as crawlers, which surfthe Web and
`automatically store copies of web files, preserving these files as they exist at the point of
`time of capture.
`5. The Internet Archive assigns a URL on its site to the archived files in the format
`httpzr‘i’web.archive.org/webi’[Year in yyyy][Month in mm][Day in dd][Time code in
`hh:mm:ss]l[Archived URL]. Thus, the Internet Archive URL
`httpn’r'web.archive.org/webi’I 9970 I 26045828ihttp:ffww.archive.orgl would be the
`URL for the record ofthe Internet Archive home page HTML file
`(httpflwwwarchiveorgf) archived on January 26, 199? at 4:58 am. and 28 seconds
`(I997f01i’26 at 04:58:28}. A web browser may be set such that a printout from it will
`display the U RL of a web page in the printout’s footer. The date assigned by the Internet
`Archive applies to the HTML file but not to image files linked therein. Thus images that
`appear on a page may not have been archived on the same date as the HTML file.
`Likewise, if a website is designed with "frames," the date assigned by the Internet
`Archive applies to the frameset as a whole, and not the individual pages within each
`frame.
`
`6. Attached hereto as Exhibit A are true and accurate copies of printouts of the
`Internet Archive's records of the HTML files or PDF files for the URLs and the dates
`
`specified in the footer ofthe printout (HTML) or attached coversheet (PDF).
`7'. I declare under penalty ofperjury that the foregoing is true and correct.
`
`W C
`
`hristopher Butler
`
`DATE: {3(19/4’9
`
`WWW. :erl'llVe . org
`415.561.61'6?
`415840039] (”in
`
`1mm, mm“.
`300 l.-,,,,_,,,,,, Mum,“
`3“ “mam. m 94.13
`
`DISH Ex. 1032, p. 1
`DISH Ex. 1032, p. 1
`DISH v. BBiTV
` DISH v. BBiTV
`IPR2020-01280
` IPR2020-01280
`
`

`

`!"#$%$& ’
`Exhibit A
`
`DISH Ex. 1032, p. 2
`DISH Ex. 1032, p. 2
`DISH v. BBiTV
` DISH v. BBiTV
`|PR2020-01280
` IPR2020-01280
`
`

`

`Broadbus
`6/20/2020
`
`
` http:waw.broadbus.cominews2—1.html
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`(30 I
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`II
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`it”
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`2002
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`16 captures
`13 Aug 2003 — 2 Hal: 200?
`
`BRQADBUS
`
`
`
`C""3”"ew
`Press Releases
`
`In The News
`
`"'"ed'a K”
`
`HOME I NEWS l SOLUTIONS
`
`CUSTOMERSERVICE
`
`ABOUTBROADBUS
`
`CONTACT US
`
`9 back to press releases
`
`Broadbus Selected to Present Technical Paper on
`Television on Demand at National Cable Show;
`Names Robert Scheffler Chief Architect
`
`Boxborough, Mass., May 7, 2003 - Broadbus
`announced today the company has been selected to
`present a technical paper on Television on Demand
`(TODTM) at The National Show, the cable industry‘s
`principal trade event to be held June 8—11 in Chicago.
`Additionally, Broadbus announced the appointment of
`Robert G. Scheffler as chief architect for the company‘s
`family of next—generation Video servers, including the
`forthcoming Broadbus B-lTM server family, the world's
`first high-density, highly scalable DRAM-based server
`for Video-on-demand (VOD), subscription Video-on-
`demand (SVOD), and next— generation Television—On-
`Demand (TODTM) services.
`
`NCTA‘s Technical PapersTM are an extensive collection
`of published works by the industry‘s most distinguished
`technical authors, as selected through a rigorous peer-
`reView process. The 2003 edition provides cable
`technologists the opportunity to express new engineering
`concepts and the science behind them, while preserving
`their papers in print as a valuable resource for the
`engineering community. At NCTA, Broadbus will be
`located at Booth 1902.
`
`A Broadbus co—founder and director with more than 20
`
`year‘s of experience in architecting DRAM—based
`servers, Scheffler will present "Ingest and Metadata
`Partitioning: Requirements for Television on Demand
`(TODTM )," addressing the issues and requirements
`associated with server ingest of broadcast content and
`content propagation, as well as the architectural
`implications for VOD servers. He will introduce a new
`class of servers to support TOD requirements, and will
`discuss how TOD content is managed through the
`creation and distribution of enhanced metadata formats in
`
`an environment managed by studios, distributors, and
`cable operators. Scheffler will present on Tues., June 10,
`from 2:45 PM — 4:00 PM.
`
`https://web.archive.org/web/20030813002448/httpz/www,broadbus.com/news2—l .html
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`http:waw.broadbus.com{news2—1.html
`16 captures
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`
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`|- WI
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`E C?) 8
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`V About this capture
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`
`
`one of the industry's foremost authorities on delivery of
`audio and video from solid state memory. We‘re
`especially pleased to have the opportunity for Robert to
`present key innovations at The National Show, where he
`will outline our approach to next— generation server
`systems architected to address the scale, cost, and live
`ingest issues now before cable operators deploying
`advanced on—demand video services."
`
`Scheffler, who co-founded Broadbus in 1999, has served
`as chief engineer for numerous hardware, software, audio
`recording, industrial controls and theatrical lighting
`projects for clients such as American Airlines, Dow
`Chemical, Hasbro, IPI/PMC, N .V. Philips,
`Seagrams/Universal, Six Flags, and Tiger Electronics.
`His focus on solid—state memory technology began in
`1983, when he first used DRAM as a core engine for
`delivering media, dramatically improving server
`reliability. Since 1990, he has been awarded more than 17
`U .S. and international patents covering various phases of
`the Broadbus technology, and currently has others
`pending. He previously served as CTO for Magic Music,
`CTO of Nanosoft, and was president of Pricom Design.
`
`Scheffler will work closely with Tom Jokerst, Broadbus‘
`newly appointed chief technology officer and former
`senior vice president of advanced technology at Charter
`Communications. Scheffler is a member of NCTA, SCTE
`and the Audio Engineers Society.
`
`About Broadbus Technologies, Inc.:
`
`Broadbus develops fully scalable, next—generation VOD
`server systems designed to solve streaming scale, space,
`power consumption and live ingest issues for cable
`operators deploying advanced video services such as
`video—on—demand (VOD), subscription VOD, and
`ultimately, full-scale Television—On-Demand (TOD).
`Broadbus offers an elegant migration path to the
`emerging TOD environment, while fully exploiting
`existing upgraded broadband networks. The company‘s
`revolutionary server architecture, based on the intelligent
`configuration and management of massive amounts of
`random-access-memory, enables operators to offer their
`subscribers unparalleled convenience, choice and control
`over their home entertainment. More information may be
`found at
`www.broadbus .com.
`
`Broadbus, TOD Broadbus B—l are registered trademarks
`of Broadbus Technologies, Inc. All other trademarks are
`the property of their respective holders.
`
`https://web.archive.org/web/20030813002448/httpz/www,broadbus.com/news2—l .html
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`Broadbus
`6/20/2020
`
`
`
`
`http:wabroadbuscominewsZ—1.htm|
`16 captures
`.1
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`
`|t=b 2-2.1[1 x'
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` © 2003 Broadbus Technologies, Inc. All rights reserved. Terms of Use
`
`
`
`https://web.archive.0rg/web/20030813002448/httpz/www,broadbus.com/news2—1 .html
`
`3/3
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`The National Show Retail Store
`6/20/2020
`
`
`
`
`http:lithe-nationalshowstorexom;index.php?Action=Detail&ID=22
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`21 \lm‘ 200% — 4i Aug 2004
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`Order Form
`
`Contact Us
`
`1“ Contains the compilation of technical papers presented at the National Cable &
`Telecommunications Association's 52nd Annual Convention and International
`
`Exposition
`
`CD-Rom
`PLU Code: PLU0029
`Price: $75.00
`
`BOOK
`
`PLU Code: PLU0028
`Price: $75-00
`
`
`
`Home
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`At the Office
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`
`
`.
`1‘ Contains the complete compilation of technical papers presented at the National
`Cable & Telecommunications Association‘s 51st Annual Convention and
`International Exposition. On the CD—Rom, forty technical papers are accessible with
`full text search capability and drop-down menus by author, subject and title.
`
`CD-Rom
`Member Price
`PLU Code: PLU0080
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`Price: $45.00
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`6/20/2020 The National Show Retail Store
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`
`
`http:chenationalshowstorexom;index.php?Action=Detail&ID=22
`Ecaptures
`21 ‘er 20m — % Aug 2004
`
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`’
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`on erence proceeings rom
`Annual Convention.
`
`'
`
`'
`
`'
`
`‘
`
`'0.
`
`CD-Rom
`PLU Code: PLU0060
`
`Price: $35.00
`SOLD OUT!
`
`BOOK
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`PLU Code: PLU0074
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`Price: $50.00
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`PLU Code: PLU0059
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`Price: $40.00
`
`NCTA TECHNICAL PAPERS 2000
`
`,4 Conference proceedings from the technical sessions that took place at NCTA‘s 2000
`Annual Convention.
`
`CD-Rom
`PLU Code: PLU0062
`
`Price: $25.00
`
`BOOK
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`PLU Code: PLU0073
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`Price: $40.00
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`PLU Code: PLU0061
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`Price: $30.00
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`
`
`NCTA TECHNICAL PAPERS Ten Year Compilation CD-Rom
`,gA ten—year compilation of over 500 technical papers on CD—Rom. Full—text search
`capability and drop—down menus for author, session and title.
`
`PLU Code: PLU0063
`
`Price: $50.00
`
`THE CableACE AWARDS CD-ROM 19 Years of Cable Programming
`Excellence
`
`,;A complete history of 19 years of excellence in cable programming, including video
`highlights, trivia questions, and a complete list of CableACE nominees and winners.
`
`
`
`https://web.archive.org/web/200312041241lS/http://thenationalshowstore.com/index.php‘PAction=Detai]&ID=22
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`6/20/2020 The National Show Retail Store
`
`
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`http:tithe-nationalshowstorexom;index.php?Action=Detail&ID=22
`Scaptures
`21 ‘er 20m — % Aug 2004
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`E Q) Q
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`NCTA RECOMMENDED PRACTICES FOR MEASUREMENTS ON
`
`(0 mm
`
`CABLE TELEVISION SYSTEMS, 3RD ED.
`The NCTA Recommended Practices is a comprehensive set
`of reference procedures to measure all commonly needed
`performance parameters within a contemporary hybrid fiber
`coaxial cable television network. It covers all FCC
`mandated Proof of Performance tests.
`
`RECUMMENé‘Eg PRAU'CES
`\NEASUREMENTS 0N
`LIABLE IELEVISlUN
`53mm
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`
`
`BOOK & CD Set
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`Price: $75.00
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`CD-Rom
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`Price: $55.00
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`PLU Code: PLU0077
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`Price: $45.00
`
`Copyright NCTA. All Rights Reserved.
`
`National Cable & Telecommunications Association
`1724 Massachusetts Ave. NW
`Washington. DC 20036
`202-775-3669 -
`
`
`
`https://web.archive.org/web/200312041241lS/http://thenationa]showstore.com/index.php‘PAction=Detai]&ID=22
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`Broadbus
`6/20/2020
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`http:wawbroadbus.com{news2—11.html
`
`21 captures
`24Jun 2003 — 2 Feb 2007
`
`(30 I
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`II
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`JUN
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`
`
`BRHADBUS
`
`HOME I:
`
`[ZSolutions CUSTOMER SERVICE
`
`ABOUT BROADBUS
`
`CONTACT us
`
`In The News
`
`Media K11
`
`CueMEW
`Press Releases
`
`
`
`9 back to press releases
`
`Broadbus Introduces Television-on-Demand Video
`Server at NCTA
`
`Cable ’s First High Density DRAM-based Server
`Simultaneously Ingests and Streams Massive Amounts of
`Video and Broadcast Television Content; Enables
`Enhanced Business Models for MSOs, Studios and
`Programming Networks
`
`CHICAGO, June 9, 2003 — Broadbus introduced today
`its B—lTM Video Server, the first high—density, highly
`scalable DRAM—based server uniquely designed to
`support the growing requirements of today’s Video—on—
`Demand (VOD) and SVOD (Subscription Video—on—
`Demand), as well as the fast—approaching requirements of
`Television—on—Demand services including, Broadbus’
`new TOD® service.
`
`Drawing upon fifteen years of experience in building and
`deploying RAM-based servers, the Broadbus B—l is
`capable of scaling up to 80 Gbps of throughput Via
`independent Gigabit Ethernet ports — the highest density
`in the industry. The system offers the ability to
`simultaneously deliver up to 19,200 MPEG-2 streams per
`server (38,400 per rack), while ingesting hundreds of
`channels of both “live” and pre—recorded content.
`Through an innovative, ultra—wide memory architecture
`and advanced software management system, the B—1
`completely eliminates the use of hard drives as streaming
`engines. Instead, Broadbus’ architecture leverages the
`Moore’s Law attributes of DRAM as an access device
`
`and hard drives as a storage device. The result is a
`significantly lower total cost of ownership, greater
`functionality, and unmatched reliability, all within a
`footprint that is as little as 1/30th that of current VOD
`servers. Broadbus is launching the B-1 server at the cable
`industry’s National Show (NCTA), Booth #1902.
`
`“With the growing success of VOD and SVOD indicating
`a substantial appetite for on—demand services, we’ve
`designed the B—1 Video Server to be the perfect solution
`for today’s environment and the only practical solution
`
`https://web.archive.0rg/web/2003080l205503/http://www.broadbus.com/newsZ-1l.htm1
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`Broadbus
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`http:wawbroadbus.com{news2—11.html
`21 captures
`24Jun 2003 — 2 Feb 200?
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`JUN
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`
`
`beyond conventional platforms. The B—l provides a
`powerful, future—proof solution that will allow a seamless
`migration from today’s VOD to the TOD services of
`tomorrow.”
`
`“Simply put, the Broadbus B—l server is the right product
`at the right time in the right industry”, said Tom Jokerst,
`who recently joined Broadbus as CTO from Charter
`Communications. “Having spent nearly 30 years as a
`cable operator, I was thrilled to join a technology
`company that will have a tremendous impact for years to
`come on the way MSOs will generate new revenues and
`win new customers More than the B—1, it was Broadbus’
`thought leadership and industry leading vision of TOD
`that attracted me most. I’m fully convinced that by
`combining the superior streaming attributes of DRAM
`with the low—cost storage attributes of RAID, we have
`created the ideal platform to enable MSOs to transform
`all of digital television in a way that will put the DBS
`industry back on its heels,” Jokerst added.
`
`Enabling Television-on-Demand
`
`While still in its early stages, many believe that offering
`programs and movies on-demand are the key to reducing
`churn and attracting new customers. A recent study by
`Leichtman Research Group, Inc. (LRG) found that, while
`5% of all cable subscribers have used VOD, nearly two-
`thirds of cable subscribers are interested in some form of
`
`video on—demand. “Consumers express a strong interest
`in VOD, and many say that on—demand services would
`make them more likely to keep digital cable or switch
`from DBS,” said Bruce Leichtman, president and
`principal analyst with LRG. “Operators would be well
`served to investigate infrastructure that can meet today’s
`VOD volume and be able to grow to support the more
`robust demands that are to come.” For more information
`
`on this study, go to
`www.1eichtmanresearch.com/research/newresearch.html.
`
`TOD, enabled by a Broadbus server at the head—end,
`enables operators to offer consumers a virtually unlimited
`breadth of content, including live and pre—recorded
`broadcast television services, as well as movie and
`subscription-based content. Through rules-based control
`over programming, TOD also enables operators,
`programming networks and studios to collectively
`control programming “windows,” determining together,
`what will be shown and for how long, and making it
`possible to manage compliance with the constantly
`changing licensing and syndication rules of television.
`Unlike PVRs, TOD enables pause, fast-forward and
`rewind functionality across an enormous breadth of
`
`
`
`https://web.archive.0rg/web/2003080l205503/http://www.broadbus.com/newsZ-1l.html
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`http:wawbroadbus.com{news2—11.html
`21 captures
`24Jun 2003 — 2 Feb 200?
`
`I- JUN
`4
`2002
`
`
`
`In contrast to traditional VOD server architectures,
`Broadbus’ approach removes the limitations of streaming
`data directly from a hard drive by streaming out of solid—
`state DRAM. With its revolutionary server architecture,
`the Broadbus B—l is ideally suited to address the content
`ingest and propagation issues created by today’s
`advanced video services. By “decoupling” the streaming
`functions from storage, stream count and storage size are
`scaled independently and storage is placed in the
`network, where it can be leveraged in the most cost—
`effective way.
`
`“One of the by—products of true decoupling is the
`massive ingest requirement created when storage is
`removed from the server,” said Broadbus’ Binder. “In
`large deployments, hundreds of programs will need to be
`ingested into the server every hour, creating an ingest
`requirement as much as 1,000 times that experienced by
`coupled RALD based solutions in a traditional VOD
`environment.
`
`“De-coupling is easy; re-coupling or ingest is the difficult
`part,” he added. “This is where the Broadbus architecture
`really shines. It has no practical limitation on ingest, and
`an intelligent content management system for moving the
`decoupled content back into the server with a zero
`latency response streaming requests.”
`
`The B-l is designed to be carrier-class with significantly
`fewer moving parts, and is thus, more reliable than
`conventional servers. Total cost of ownership for cable
`operators is lowered as a result of configuration
`flexibility, scaling and management options. A chassis-
`and-blade solution, the B—1 may be easily upgraded in the
`future to support more streams by adding new modules
`without disrupting existing customers and services.
`Scaling increments of 1 GigE set a new standard in the
`industry for VOD.
`
`The B—l server also features the Broadbus Stream
`
`CommanderTM management system, designed to
`configure, coordinate and monitor up to 256 networked
`B—l video servers via a web—based graphical user
`interface. The software manages all ingest, storage and
`streaming activities and maintains an active database of
`configuration profiles and status, alarm, stream and
`content statistics.
`
`Designed to integrate seamlessly with legacy
`VOD/SVOD systems, the B-1 enables MSOs to
`incrementally respond to the expanding market for on-
`demand services, without the need to over-provision.
`
`
`
`https://web.archive.0rg/web/2003080l205503/http://www.broadbus.com/news2-1l.html
`
`
`
`

`

`
`6/20/2020 Broadbus
`
`Ihttp:ifwww.broadbus.com{new52—11.html
`Manama
`24Jun 2003 — 2 Feb 200?
`
`
`
`I- JUN
`‘
`2002
`
`DEC
`’
`2004
`
`5 ® 8
`E:
`
`RAM+RAID delivers lower price per stream and
`maintenance costs
`
`0 Highest density — up to l/30th the footprint of
`current VOD servers
`
`- Massively scalable — Scalable in Gigabit Ethernet
`increments, the B—1 can support MPEG—2 stream
`counts from several hundred to nearly 40,000 per
`rack
`
`- Massive ingest capacity — The B—l can ingest a
`virtually unlimited number of both live and pre—
`recorded programs simultaneously, with only a
`linear impact on streaming output performance
`0 Power Efficiency — The B—l consumes up to l/8th
`the power per stream of conventional servers
`
`In addition to demonstrating the B-1 server at NCTA
`Booth #1902, Broadbus will present its Television—on—
`Demand server architecture during a technical session
`entitled “Ingest and Metadata Partitioning: Requirements
`for Television on Demand” on Tues., June 10, from 2:45
`PM - 4:00 PM.
`
`About Broadbus Technologies, Inc.:
`Broadbus develops fully scalable, next—generation VOD
`server systems designed to solve streaming scale, space,
`power consumption and live ingest issues for cable
`system operators deploying advanced video services such
`as Video—on—Demand (VOD), Subscription VOD, and
`ultimately, full-scale Television—on—Demand, including
`its own TOD® service. Broadbus offers an elegant
`migration path to the emerging TOD environment, while
`fully exploiting existing upgraded broadband networks.
`The company’s revolutionary server architecture, based
`on the intelligent configuration and management of
`massive amounts of random-access-memory, enables
`operators to offer their subscribers unparalleled
`convenience, choice and control over their home
`entertainment. More information may be found at
`www.broadbus .com.
`
`Broadbus®, TOD®, Broadbus B—lTM and Stream
`CommanderTM are trademarks owned and licensed by
`Broadbus.
`
`-) back to press releases
`
`© 2003 Broadbus Technologies, Inc. All rights reserved. Terms of Use
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`
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`
`
`https://web.archive.0rg/web/2003080l205503/http://www.broadbus.com/newsZ-l l.html
`
`4/4
`
`
`
`

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