|Publication number||USRE41227 E1|
|Application number||US 11/932,507|
|Publication date||Apr 13, 2010|
|Filing date||Oct 31, 2007|
|Priority date||Jan 19, 1999|
|Also published as||US6449645|
|Publication number||11932507, 932507, US RE41227 E1, US RE41227E1, US-E1-RE41227, USRE41227 E1, USRE41227E1|
|Inventors||Kenneth L. Nash|
|Original Assignee||Nash Kenneth L|
|Export Citation||BiBTeX, EndNote, RefMan|
|Patent Citations (37), Non-Patent Citations (8), Referenced by (3), Classifications (16), Legal Events (1)|
|External Links: USPTO, USPTO Assignment, Espacenet|
This application claims the benefit of U.S. Provisional Application No. 60/116367, filed Jan. 19, 1999.
1. Field of the Invention
The present invention relates generally to an Internet system and, more particularly, to apparatus and methods for compiling copyright/patent/license infringements and violations.
2. Description of the Background
Worldwide software piracy losses are estimated at the present time to typically run well above $10.0 billion dollars annually. Numerous laws discourage and prohibit software piracy such as worldwide copyright and patent laws, the Digital Millennium Copyright Act, the World Intellectual Property Organization Copyright Treaty, and the No Electronic Theft Act. Additionally contract laws creating licenses specify the rights and duties of the parties involved. Music and multimedia piracy losses are not included in the above figures. As well, those figure do not include improper use such as unauthorized alteration of programs.
Methods, systems, and procedures are well known for making software or digitized information more difficult to copy. However, such devices often interfere with the ease of operation and reliability of operation. Reliable software is very important for many applications. Moveover, these methods do not compile evidence or give any indication of the software or digitized information that is copied or altered. Thus, when such methods of preventing copying are circumvented, there is no record or indication that is readily determinable that copying has occurred. As well, there is significant motivation to overcome these copy prevention techniques because the software or other digitized information does not operate when the copy prevention system is triggered. In some cases, the copy prevention system sometimes interferes with program operation, e.g., requires an original cd rom in the cd rom drive.
While the law is generally sufficient for enforcement, and may include rather harsh criminal penalties that depend upon the particular country in which a violation occurs, it is often difficult to locate and find evidence of pirating. If the location and parties could be determined, and the evidence accumulated, then the piracy could be pursued by either civil law or by notification of governmental authorities for criminal prosecution procedures.
While perhaps no measure is 100% foolproof, each system and method has its place and use. It would be desirable to be able to find the location, number of computers, type of violation, and the like. Those skilled in the art have long sought and will appreciate the present invention which addresses these and other problems.
The copyright/patent/license and/or illegal use monitoring system and method of the present invention are provided to supply evidence of such illegal use. The system and method are passive and do not interfere with operation of the software or other digitized information so that there is little motivation to circumvent operation thereof by one who acts illegally. The system operates worldwide on the Internet and therefore will detect copying/alteration of software/digitized music/digitized movies and the like worldwide. The results are tabulated and are preferably made available to subscribers with respect to the software or digitized information they provide. Thus, those companies can obtain evidence of active piracy. This information can be combined with other information to more specifically determine location, time, and verify the counterfeiting such as by either notifying the suspected parties or turning evidence obtained over to local officials for investigation. In many countries, for instance, copyright violations are criminal so that prosecution would be carried out by officials of the particular country involved.
Thus, it is a presently preferred object of the present invention to provide a method for monitoring whether software or other digitized information has been copied.
These and other objects, features, and advantages of the embodiments of the present invention will become apparent from the drawings, the descriptions given herein, and the appended claims. It will be noted that the above and other described objects, features, and advantages are given for illustration and easier understanding of the invention only for the benefit and illumination of the public who reviews this specification. Any stated objects, features, and advantages are not intended to limit the invention in any manner inconsistent with the claims or other portions of the specification and are not intended to provide limiting language outside of the claim language. Therefore, reference to the claims, specification, drawings and any equivalents thereof is hereby made to more completely describe the invention. It is intended that all alternatives, modifications, and equivalents included within the spirit of the invention and as defined in the appended claims be encompassed as a part of the present invention.
A method is disclosed for use with the Internet for detecting pirating of digitized information in which one embodiment comprises providing a respective first identification indicia that is unique for each of a plurality of substantially identical packets of digitized information. A server is provided in communication with the Internet. A respective second identification indicia that is unique for each of a plurality of computers is determined. The method further comprises automatically determining whether one or more of the plurality of computers is in communication to the Internet. The present invention then includes automatically sending the respective first identification indicia and the respective second identification indicia to the server such that one of the plurality of substantially identical packets of digitized information is associated with one of the plurality of computers. The respective first identification indicia and the second respective indicia are then stored for future use. For instance, it might then be determined if the first identification indicia is associated with more than one of the plurality of computers so as to indicate a possibility that one of the plurality of substantially identical packets of digitized information has been copied. Alternatively or in addition thereto, it might automatically determined whether one of the plurality of substantially identical packets of digitized information has been altered. Alteration information is automatically sent related to whether the one of the plurality of substantially identical packets of digitized information has been altered.
For the case where one or more of the plurality computers is connected to an intranet that includes a plurality of intranet computers, intranet information is stored concerning the first identification indicia and one or more of the plurality of intranet computers, and this intranet information is transmitted to the server. An intranet for this purpose is considered a network of computers outside of the Internet. At some time, it may be determined whether the first identification indicia is associated with more than one of the plurality of intranet computers. To avoid needlessly resending information that has already been sent, preferably it is automatically determined whether the first identification indicia and the respective second identification indicia have already been sent to the server. If the first identification indicia and the respective second identification indicia have already been send to the server, then the step of automatically sending the information is delayed until and if information about the first identification indicia and the respective second identification indicia have changed.
A user of the method may connect to the server from a second location and then obtain the stored information regarding the first identification number and the second identification number. Additional information related to one of the plurality of substantially identical packets of digital information may also be stored such as information obtained when registering software, updating software, from the retail or wholesale sales, and the like. This additional stored additional data may then be associated with the first identification indicia and the second identification indicia to obtain a better picture of the situation.
A detection system for use with the Internet is provided for compiling information related to improper usage of digitized information that, in one embodiment, comprises server in communication with the Internet along with one or more storage units for the server. The digitized information is associated with a first identification indicia that identifies the digitized information as discussed above. A first computer routine is installed in a plurality of host computers. The computer routine is operable for determining a respective second identification indicia for each of the one or more host computers so as to uniquely, identify each of the plurality of host computers, the computer routine being operable for determining when a connection is made with each of the plurality of host computers with the Internet and for automatically transferring the first identification indicia and the respective second identification indicia through the Internet to the server, the server being programmed for receiving and storing in the one or more storage units the first identification indicia and the second identification indicia for each of the one or more host computers, and the first computer routine not affecting other operation of the plurality of host computers with respect to the digitized information. A second computer routine may be provided for determining if the first identification number is associated with more than one of the plurality of host computers. The second routine may be installed in the server to notify the parties involved or may be owned by a subscriber to analyze data from the server.
As another feature of the present invention, the first computer routine which, may have more than one module, determines if the digitized information has been altered. If the digitized information has been altered to the first computer routine will then indicate the alteration to the server. While indication of an alteration may be accomplished in several ways, in one embodiment the first computer routine produces a third indicia related to the alteration and transmits the third indicia to the server. The third indicia is preferably stored in the one or more storage units related to the server and is preferably associated with the first identification indicia and the second identification indicia.
Another description/embodiment of the method of the might be characterized as a method for detecting an illegal use of a packet of digitized information. In this case steps include features such as installing a first computer routine in a plurality of computers. It is generally preferable that the first computer routine does not interfere with use of the packet of digitized information. This is preferably true regardless of whether the illegal use is indicated or not. As discussed before a first indicia, such as an identification number or the like, is associated with the packet of digitized information for identifying the packet of digitized information. A second indicia is related to each of the plurality of computers. Obviously, the first and second indicia could be formed of one string of computer symbols, two strings, or a plurality of strings. However the effect is to determine the first and second indicia that are associated as described for determining whether the uniquely identified software is found on more than one computer. Another step involves automatically determining whether one of the plurality of computers is presently in communication with a network of computers, such as might include the Internet or an intranet of computers. When the one of the plurality of computers is presently in communication with the network of computers, which could be the Internet or an intranet or both, then automatically sending the first indicia and the respective second indicia over the network of computers to a second location.
At some time, it will be desirable to determine whether the first indicia is associated with more than one of the plurality of computers. It may also be desirable to determine whether the packet of digitized information has been altered. Once an alteration is detected, when the one of the plurality of computers is presently in communication with the network of computers then the determination of alteration is preferably sent over the network of computers to the second location.
The computer routine that provides the operation discussed above may be provided at least in part in a second program thereby making detection of the computer routine that detects the copying or sends the information related to the copying/alteration of information more difficult. For instance, the computer routine could be provided as part of an Internet browser. Likewise the computer routine could be a routine in an operating system.
The method, as discussed above, also applies to intranets that include a plurality of intranet computers. In this case, intranet information concerning the first identification indicia and one or more of the plurality of intranet computers is stored for transmission.
It is clear that it is improper/illegal to copy in a manner that contradicts copyright and patent laws, or to alter the program against the license that may include a shrink wrap license. Although it may not be necessary, it may be desirable to include within a shrink wrap or other license an agreed upon explicit right, rather than an implied right, to monitor on an extremely limited basis, as discussed herein, wherein monitoring pertains only to copying and/or altering.
While the present invention will be described in connection with presently preferred embodiments, it will be understood that it is not intended that the invention is limited to those particular embodiments but the descriptions given herein merely are to provide sufficient information such that one skilled in the art may practice one or more presently preferred embodiments of the invention, in accord with the patent statutes. Thus, the descriptions of the invention provided herein are not intended to limit the invention in any way. On the contrary, it is intended that all alternatives, modifications, and equivalents included within the spirit of the invention and as defined in the appended claims be encompassed as a part of the present invention.
Referring now to the drawings, and more particularly to
In system 10, a computer routine for operation of system 10, such as might be similar to that disclosed in the flow chart of
In some cases, a user computer as indicated at 12 may also be part of a local area network of computers (LAN) or intranet as indicated at 26 which is referred to herein to be a group of computers networked together other than through an Internet connection. In one embodiment of the present invention, the computers in the LAN or intranet are queried and a determination is made concerning how many computers contain the specific digitized information of concern, whether it appears to be a copy as might be indicated by the same identification indicia, and/or whether it is altered. Each computer in the LAN or intranet would store this information and the next computer connected to the Internet 18 would transmit this information to server 16 as discussed above. There may be numerous LAN's or intranets to which the various individual user computers 12 are connected to.
Program ID 30 may be contained within the program, software, digitized information or the like which is to be monitored or an identifier could be generated. The general purpose is to establish an identification number that would be transferred to a second computer if the program, software, digitized information or the like were copied. In this way, if numerous different computers each have the digital information with the same associated identification number or indicia, then there is a possibility that copying has occurred. Preferably the identification number is established with creation of the program, software, digitized information or the like. In this way, the program ID can be associated with other information such as wholesale and resale locations, customers, license information, update information, rebate information, and the like as discussed subsequently. If programs that are previously stored have a unique identifier, then the system and method of the present invention can be used to find copying/pirating that occurred prior to installation of the system. The operation can check to see if the program with program ID is present on multiple computers. Thus, the system and method can be used for past and future copying where the requirements of the system are met.
Program alteration information 32 refers to detection of changes in a program. Thus, a check-sum or the like may be run on a program wherein the program ID is already known to determine if the program has been altered. Other means for checking may also be used. Most licenses do not permit alteration of a program so that an indication that alterations have been made could be significant.
Intranet or LAN 34 may also preferably be monitored. The computer routine would determine whether it is part of an intranet and, if so, automatically obtain information about intranet 34 and the computers attached thereto. Generally an intranet will have an intranet ID 35 or identification number associated with it. Alternatively an ID can be generated based on parameters of the system, e.g., the ID numbers of the computers or some portion thereof, already in the system. The intranet will comprise a plurality of computers that give rise to a plurality of computer or system ID numbers 36. Thus, for each protected program with a program ID, a computer ID is associated therewith. This information is preferably stored in each of the computers so that if any computer in the network connects to the Internet 18 then the information involving all computers in intranet 34 will be sent over the Internet 18. This amount of information is relatively small so that disk space used will not be noticeable to the user of the computer.
Numerous methods may be used for installing the computer routine for effecting operation. The most obvious method could be to include it in the digitized information to be copied. Other methods might be to include it with or as an addition to other software such an operating system or browser. The routine might be included in updates, in many different unrelated shareware or freeware programs. If deemed desirable for the situation, the computer software licensee might preferably be apprised/notified by standard wording in the license agreement for agreement of monitoring for copyright/patent unauthorized activity with respect to terms of the license agreement. The computer routine may already exist in the host computer by installation of other programs and simply be turned on by installation of the digitized information to be protected. Thus, there are numerous possibilities for installation and location of the computer routine used to effect storage and transmission of identification information over Internet 18. The point being that although the present program operates in the background so as to be inconspicuous, it may also be hidden if desired to present difficulties to software pirates from discovering, locating, and removing the computer routine.
Initial data collection steps include determining and saving a software indicia or identification number or the like as indicated at 44 so as to uniquely distinguish the software or digitized information to be monitored. At this time, a check may be made to determine if the digitized information has been altered as indicated at 46. This may be effected by a checksum or a plurality of checksums over various components of the software. Thus, it might be possible to determine if one or more portions of the software have been altered, if desired. Finally, the method involves determining and saving an indicia or identification number related to the computer in which the routine is operating as indicated at 48. Thus, these three basic factors of information are determined and saved.
The routine then determines, as indicated at 50, whether it is connected to an intranet or LAN, a group of locally interconnected computers. If not, the information already determined has been effectively saved as indicated at 52. If there is a connection to an intranet, then computer routine 40 collects and stores the same information for each computer in the intranet and places the routine on each computer in the intranet as indicated at 54. By placing the routine on each computer in the intranet, the information will be sent to the server by any computer that connects to the Internet. The status or collected information has already been saved now as indicated at 56.
The ID status, or collection of information so far obtained is compared at 58 to the last status that was transmitted by routine 40 to the server as indicated at 60. If the status is identical to that which was previously sent, there is not need to transmit again as this information has already been sent so no action is taken as indicated at 62 and 64. On the other hand, if the ID status has changed, in other words if any information collected has changed including alteration information, identification indicium, or other collected information, then it is desirable to send the new information over the Internet to the server as indicated at 62 and 66.
Start element 68 will preferably begin with a connection to the Internet. For instance, a line may be inserted in any system browsers, Internet service connection programs such as AOLŽ, CompuServeŽ, or the like such or other means to start operation of the send cycle. Start element 68 may also instigate start 42 as discussed above, or visa-versa. Once it is determined that connection is made to the Internet as at 70, then a check is made whether information has been sent initially as indicated at 72. If information has never been sent, then the stored information is sent as indicated by the Yes line to item 66. Otherwise, the No line causes routine to determine whether the stored information has changed since the last transmission as discussed in connection with item 62. The above description of the flow chart is provided as a rough guide for illustration purposes and various checks and the like may be desirable for actual implementation. It will be seen that the two start routines, although interrelated, are actions that can be taken at separate times by separate triggers and therefore may be stored at different places.
Server 16 may be programmed to further enhance the information received or the information may be enhanced outside of server 16. For instance, the program ID may be associated with numerous amounts of information as necessarily to locate the responsible party for improper/illicit use of the digitized information to be protected. For instance, registration and/or license information as indicated at 86 may be combined by matching programming that matches information based on the program identification indicia or number. Other information may also be used such as sales information. More expensive programs are generally sold in transactions that contain user information as indicated at 88. This information is often available in the form of rebates and so forth. Update information, warranty application, or initial turning on of a program may be obtained as indicated at 90. Thus, the user might obtain free updates or even initially start the program or digitized information by supplying relevant matching information. Rebate information to obtain rebates for the digitized information are often used to reduce the cost and thereby supply matching information as indicate at 92. Thus, there are numerous means by which data can be enhanced with matching information that would identify persons responsible are associated with possible illegal pirating or other misuse of digitized information.
This information may be used by matching module 88 with database 84 information within server 16 or matching may be done at other locations by subscribers to a service supplying database 84 information or the like. As another means for providing matching information, the computer ID may be matched with other programs that were to be protected as indicated at 94. If user information is associated with those protected programs, then even if those programs are not misused the information may be associated with protected programs that are misused for identification of the persons responsible.
The above disclosure describes a simple straight forward embodiment of the invention but is not intended and does not prevent patent coverage of the concept with respect to further enhancements of the invention. For instance, computer routine 40 could be modified to receive information from the server as well as send it. For instance, if excessive copying were detected, then server 16 might send a signal to an expanded computer routine 40 that would cause computer routine to search for additional information such as email address, computer phone book information, and other information that might identify the user of the computer on which unauthorized copies appeared to be indicated. Other variations might include determining whether multiple copies of programs exist on the same computer, storage of program id's for many programs, and the like. Variations in methods of collection and variations in types information to be collected and the like may be used in accordance with the goal of the method and system to detect illegal use of digitized information.
The foregoing disclosure and description of the invention is illustrative and explanatory thereof, and it will appreciated by those skilled in the art, that various changes in the operation, location, and architecture as well as in the details of the illustrated embodiments or combinations of features of the elements/steps may be made without departing from the spirit of the invention.
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|1||Appellant's Petition for Rehearing, pertaining to Kenneth L. Nashv. Microsoft Corporation, Nos. 05-1385, 05-1394, In the United States Court of Appeals for the Federal Circuit.|
|2||Brief of Appellant, Non-Confidential, pertaining to Kenneth L. Nashv. Microsoft Corporation, Nos. 05-1385, 05-1394, In the United States Court of Appeals for the Federal Circuit.|
|3||Decision on Motions regarding Patent Interference No. 105,356; Kenneth L. Nash -Junior Party; Aidan T. Hughes and David Pearce-Senior Parties; Filed Oct. 27, 2006.|
|4||Decision on Motions regarding Patent Interference No. 105,356; Kenneth L. Nash —Junior Party; Aidan T. Hughes and David Pearce—Senior Parties; Filed Oct. 27, 2006.|
|5||Joint Appendix, Non-Confidential, pertaining to Kenneth L. Nashv. Microsoft Corporation, Nos. 05-1385, 05-1394, In the United States Court of Appeals for the Federal Circuit.|
|6||Non-Confidential Corrected Brief of Defendant-Cross Appellant Microsoft Corporation, pertaining to Kenneth L. Nashv. Microsoft Corporation, Nos. 05-1385, 05-1394, In the United States Court of Appeals for the Federal Circuit.|
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|U.S. Classification||709/224, 705/59, 709/217, 709/219, 705/52, 702/188, 709/223, 709/218, 726/26, 726/32, 726/22|
|International Classification||H04L12/26, H04L29/06, G06F15/173|