Note: Descriptions are shown in the official language in which they were submitted.
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CENTRALIZED MANAGEMENT OF DIGITAL RIGHTS LICENSING
REFERENCE TO RELATED APPLICATIONS
This application claims the benefit of U.S. provisional application serial
number 60/607,045, filed September 3, 2004. It is related to
PCT/US2004/002356,
filed January 28, 2004, U.S. serial number 10/726,284, filed December 2, 2003,
and
U.S. provisional application serial number 60/444,581, filed on February 3,
2003, all
of which are incorporated herein by reference.
TECHNICAL FIELD
This description relates to digital rights management, and more particularly
to
facilitating authorized licensing and distribution of digital media.
BACKGROUND
The music industry is in the midst of significant turmoil. For decades, music
companies have been in control of the physical distribution of the content it
creates.
For the first time in history, consumers have been given tools that have
enabled them
to seize control of this distribution of content. Rapidly developing and
widely
adopted technology has resulted in a consumer driven disruptive change to the
status
quo. The myriad of legal and illegal solutions has proven to be poor attempts
to
answer and solve the innate challenges of content distribution in a digital
world.
Although problems with digital distribution of content may be associated to a
significant extent with the music industry, other industries, such as the
motion picture
industry, suffer from the same challenges.
No solution to date has satisfied both the content creator/owner and the
consumer. The only digital distribution solution that has been widely adopted
is
found in the various peer-to-peer networks. However, this solution allows
millions of
consumers to download music and other forms of copyrighted content without
paying
for the content they download. Content owners are left with no ability to
collect fees
owed to them. This situation has caused devastating revenue losses.
Through their endorsement of digital subscription services among other things,
many content creating entities such as the music companies have acknowledged
that
digital distribution is the future. It is the most efficient and economical
means of
distribution. To date, the music industry has still not fully embraced the
potential of
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this distribution vehicle. Digital distribution is also becoming prevalent in
other
industries and with respect to many types of content. Problems similar to
those faced
by the music industry have arisen, or are likely to arise, in the context of
other types
of content.
Current digital distribution models in the music industry, for example,
confine
the consumer into artificial purchasing patterns, tend to restrain
competition, have
only limited song selections, and are limited in terms of other available
options.
Moreover, these models generally limit how the consumer uses the content they
pay
for, and some of the models may fail to protect against infringement of rights
in the
underlying works.
SUMMARY
In one general aspect, license rights in digital media are managed by storing
digital media license records associated with multiple user identities. The
license
records for each user identity are accessible from a remote device using a
first
authentication credential corresponding to the user identity. Digital media
licenses
are offered for purchase using second authentication credentials. A particular
second
authentication credential is associated with the first authentication
credential
corresponding to a particular user identity. A record for a digital media
license
purchased using the particular second authentication credential is stored, in
association with the particular user identity, based on the association of the
particular
second authentication credential with the first authentication credential
corresponding
to the particular user identity.
Implementations can include one or more of the following features. The first
authentication credential and the second authentication credential for each
user
identity each include a user name and a challenge response. The digital media
license
records include parameters for a license and/or a digital media file
identifier. Multiple
device identifiers associated with the particular user identity are stored,
and licenses
for digital media identified by the license records for the particular user
identity allow
use of the digital media on devices having one of the device identifiers. The
license
3o records include data identifying digital media discovered on a device
associated with
a user identity. The first authentication credential is associated with a
central server
and the second authentication credential is associated with a retailer server.
The
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central server stores rules defining an allocation of revenue among multiple
entities
for purchases of digital media. Credit is allocated to an account associated
with a first
user identity in response to a purchase of a digital media license using a
second user
identity if the purchase is made in response to a referral from the first user
identity to
the second user identity.
In another general aspect, digital media license records associated with
multiple user identities are stored. Data identifying a first purchase of a
first digital
media license from a first retailer entity is received. The data includes
information
sufficient to identify a particular user identity associated with the first
purchase. A
lo record of the first purchase in association with the particular user
identity is stored in
the digital media license records. Data identifying a second purchase of a
second
digital media license from a second retailer entity is received. The data
includes
information sufficient to identify the particular user identity as being
associated with
the second purchase. A record of the second purchase is stored in the digital
media
license records in association with the particular user identity.
Implementations can include one or more of the following features. The first
purchase and the second purchase are each made using the particular user
identity.
The record of the first purchase includes an association of a digital media
license for
the first digital media with the particular user identity, and the record of
the second
purchase includes an association of a digital media license for the second
digital
media with the particular user identity. The first purchase and the second
purchase
are made in response to a referral made using the particular user identity.
The record
of the first purchase and the record of the second purchase include credits to
an
account associated with the particular user identity. The credits are usable
for making
purchases of a digital media license through the first retailer entity and/or
the second
retailer entity. Access to the records is provided to each of the first
retailer entity and
the second retailer entity. Revenue from purchases is allocated among the
first
retailer entity, an owner of the digital media, and an entity associated with
the central
server. The first retailer entity and the second retailer entity each have
independent
catalogs of digital media for purchase.
In yet another general aspect, one or more retailer servers are operable to
offer
digital media licenses for purchase using a retailer-specific authentication
credential
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associated with a particular user identity. A central server stores digital
media license
records associated with multiple user identities. The license records for the
particular
user identity are accessible from a remote device using a primary
authentication
credential associated with the particular user identity. The license records
for the
particular user identity are automatically updated to include a record of a
digital
media license purchased using the retailer-specific authentication credential
associated with the particular user identity.
Implementations can include one or more of the following features. The
central server stores rules defining a distribution of revenue among at least
an
operator of each retailer server and an operator of the central server. Each
retailer
server is operable to retrieve information from the digital media license
records
associated with the particular user identity. The central server stores data
identifying
credits earned by the particular user identity for purchases made using other
user
identities, and the purchases are associated with a referral made using the
particular
user identity. Each retailer server is operable to support a transmission of a
licensed
digital media file using the particular user identity.
In another general aspect, each of multiple retailer servers is operable to
offer
digital media licenses for purchase and each retailer server includes an
independent
digital media catalog. A central server is operable to store digital media
license
records associated with multiple user identities, and the license records for
a particular
user identity include a record of a digital media license purchased through a
first one
of the retailer servers and a digital media license purchased through a second
one of
the retailer servers.
Implementations can include one or more of the following features. The
central server supports a security mechanism for restricting use of a digital
media file
without a digital media license. The central server provides access to the
digital
media license records from the retailer servers. The central server stores
rules for
allocating revenue at least among an operator of the central server and an
operator of
a retailer server through which a purchase that produces the revenue is made.
The
central server stores data defining revenues allocated to each of the operator
of the
central server and the operators of the retailer servers.
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DESCRIPTION OF DRAWINGS
FIG. 1 is a block diagram of a representative system for managing and
distributing digital rights.
FIG. 2A is a signaling and flow diagram of a process for purchasing and
5 storing media file licenses.
FIG. 2B is a signaling and flow diagram of a process for purchasing and
storing media file licenses from a different retailer server.
FIG. 2C is a signaling and flow diagram of a process for earning and storing
referral credits.
FIG 3 is an example of a user interface that can be used to purchase media
file
licenses.
FIG 4 is a flow diagram of a process for managing digital rights to a file
that
is loaded onto a user device, such as a computer.
FIG. 5 is a flow diagram of a process for installing, on a user device,
software
("Solution Software") that controls access to protected files.
FIG. 6 is a flow diagram of a process for wrapping content that arrives
without
any digital wrapper on a user device that includes the Solution Software."
FIG. 7 is a signaling and flow diagram of a process for generating a unique
customer identifier for a user and/or a key that is specific to the user
device.
FIG. 8 is a signaling and flow diagram of a process for accessing a media file
in a case where a user already has a license for the media file.
FIG 9 is a signaling and flow diagram of a process for accessing a media file
in a case where a user does not have a license for the media file.
FIG. 10 is a signaling and flow diagram of a process for copying or moving a
media file from a user device to a secondary device.
FIG 11 shows a flow diagram of an illustrative process for performing a pass-
along distribution.
FIG. 12 is a flow diagram of a process for wrapping a media file.
Like reference symbols in the various drawings indicate like elements.
DETAILED DESCRIPTION
The systems and techniques described here relate to a computer-implemented
system for distribution and rights management of digital media files. The
systems and
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techniques represent an end-to-end process that supports virtually any type of
proprietary digital files including music and other recordings, movies and
other video,
books and other written works, and other files, such as those that pertain to
the
financial, legal, medical, gaming, and software industries. Although the
following
description focuses primarily on the use of the techniques in connection with
music
files, the techniques are equally applicable to other types of digital files.
Similarly,
although the techniques are described in the context of media files, the
techniques
may also be used in connection with multimedia files and other types of data
files.
The systems and techniques ensure that content owners are compensated for the
1o distribution and use of their works and offer multiple levels of
participation in the
revenues generated by the sale and/or licensing of digital media.
Digital media licenses, along with an electronic copy of the digital media,
are
distributed by a network of retailers using a license and distribution
management
infrastructure provided by a central licensing server. Each of the retailers
has its own
independent library or catalog of digital media from which users can select
digital
media licenses for purchase. Data records relating to the digital media
licenses are
stored in a central database associated with the central licensing server.
These data
records, for example, identify which digital media files each user is licensed
to access
and use. Users can purchase licenses to media files from one or more of the
retailers
2o and have a centrally managed database identifying all of the licensed media
files.
Typically, each retailer has an independent authentication procedure that uses
retailer-specific user name and password for each user. In addition, each user
has a
separate user name and password for accessing the user's data records
maintained by
the central licensing server. By associating each of the retailer-specific
user names
with the user name for the central licensing server, digital media licenses
that are
purchased through the retailers can be recorded in the central license
database. In
some implementations, such an association may be required, for example, to
implement a security mechanism that allows users to access or use the digital
media
files for which they have purchased licenses. Each retailer can be provided
with
proxy access to the digital media license database, for example, to enable the
retailer
to display the user's own library of media file licenses to the user.
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Digital media is generally distributed to users' computers or other devices in
a
"wrapped" form. Media rights owners have the ability to wrap a file with
information
about ownership and payment. This information is given a unique file ID and is
stored in a central database. The file ID is stored and transmitted with the
wrapper.
Songs or other forms of digital media without the wrapper may also be
identified.
Once a file is captured and identified, the information such as owner and
payment
requirements can be retrieved (e.g., by matching the identified file with its
unique file
ID stored at the central database). Software on the computer or other device
is used to
control access to wrapped files by determining whether the user has a license
for the
digital media contained in the wrapped file.
A user ID is created for each user. The user ID can be the same as the user's
user name or can be an identifier that is independently created. The user IDs
are
stored along with device specific information in a secure area on the
computer, such
as the BIOS of the computer. The user ID may be stored in an encrypted or
unencrypted format. This information may represent a user identification key,
which
may allow access to a local database of licenses and related permissions held
by the
user. By referring to this local license database, the software stored on the
computer
can determine whether the user is authorized to use a particular file and, if
so, unwrap
the file. Because users often have multiple devices and to protect against an
accidental loss of license data, information about user licenses are centrally
stored to
ensure the user has access to all licensed media on more one device and to
provide
redundant license storage.
A user may be an individual or a set of related individuals, such as a family,
members of a household, persons who access a shared private device, or a
business
entity. In addition, where information is described as being stored in a
database, the
information may be stored in multiple databases.
Files can be forwarded to other users and otherwise exchanged among users.
However, if a file requires a license and the new users do not purchase the
media file,
the new users do not gain access to the file. To encourage distribution of the
file,
users are given an incentive to refer or electronically send media files or
links to
media files to others they feel would be interested in the media files (i.e.,
to
potentially receive a portion of revenues generated by new purchasers).
Recipients
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are given an incentive to purchase the media file (i.e., to be able to access
the file) and
also to further refer the media file so that they too can participate in
revenues. The
number of levels of distribution in which participation in revenues is
penmitted can be
unlimited. Typically, however, the number of levels of distribution in which
participation in revenues is permitted will be limited. The number of levels
of
payment for a particular media file may be optionally established by the
content
owner and/or by a subsequent distributor of the media file. The maximum number
of
levels of payment and the rates for such payments may be established in the
creation
of the unique file ID for the media file along with the rates for payment. If
the new
user does not license the media file, he/she does not gain access to the file,
although
he/she may be able to pass along the file to other users for purchase.
Information regarding credits earned by each user through referrals to other
users is stored in the central license database. These credits can be applied
against
purchases from any of the various retailers. In addition, the central
licensing server
maintains rules regarding a distribution of revenue generated through the sale
of
digital media licenses. Typically, the revenue is divided among an owner of
the
digital media (e.g., a record label that owns the rights to a song), the
retailer that made
the sale, an operator of the central licensing server, and, in some cases, one
or more
referring users.
Each time a sales transaction occurs for a particular media file,
identification
information for retailers and/or users in the distribution channel is
extracted from the
media file to determine who is entitled to share in the revenue. All
transactions may
be centrally tracked for payment and analysis. The central licensing server
can be
used to track payments for retailers, distributors (which may include users
who refer a
media file), and users who pass along a file that arrives without a wrapper.
This latter
situation can occur, for example, when a user shares a song that originated
from a
standard audio CD or DVD.
Licenses for files may be recognized across multiple devices of a user. The
methods and techniques described herein provide processes for selling,
distributing,
3o and managing licenses to use digital media.
FIG 1 is a block diagram of a representative system 100 for managing and
distributing digital rights. A user device 105 includes a processor I 10,
which executes
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instructions stored in a memory 115 and/or other storage media (not shown)
that are
connected to the user device 105. The user device includes a BIOS (basic
input/output system) 120 or some other non-volatile memory that stores basic
information about the user device 105. The user device 105 includes one or
more I/O
ports 125 that permit files and other data to be moved and/or copied onto and
off of
the user device 105 (as indicated at 130). The processor 110, in accordance
with
instructions stored in the memory 115, monitors files and other data that pass
through
the 1/0 port 125 for purposes of identifying protected (e.g., copyrighted)
music, video,
software, or other files.
The memory 115 includes a local database 135 that stores license information
for files that are licensed to be used on the user device 105. Access to the
local
database 135, or to the information contained in the local database 135,
generally
requires certain installed software to decrypt and use one or more keys stored
in the
BIOS 120. Such keys are unique to the user and/or the user device 105, and the
process for accessing the local database 135 is designed such that the keys
and/or the
license inforrnation stored in the local database 135 are only valid for the
particular
user device 105. For example, if a user attempts to make an unauthorized copy
of the
key(s) and/or the license information on an alternative device, access to the
files that
are licensed on the user device may be denied on the alternative device unless
a new
unique key is generated for, and license information is stored on, the
alternative
device. License information on a particular device may be updated at a future
date,
updating usage rights or removing access to a file or files. One example where
the
capability to perform such an update is desired is de-licensing an old
computer.
The user device 105 communicates with a central server 140 through a
network 145, which may include one or more of a wireless network, a LAN, a
WAN,
the Internet, a telephone network, and any other network for transferring
data.
Communications between the user device 105 and the central server 140 can be
performed using a secure channel, such as the Secure Sockets Layer (SSL),
and/or can
use encryption, such as PGP. The central server 140 provides services that
support the
3o digital rights management system 100, such as generating keys using, at
least in part,
information communicated from the user device 105 over the secure connection
and
validating keys and license information periodically or when attempting to
license
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new media. In addition, the central server 140 provides access to a central
license
database 150 that stores and identifies licenses held by individual users and
that stores
key validation information. Storage of license information in the central
license
database 150 provides redundancy (e.g., in case there is a corruption of a
volatile
5 memory area of a user's device), allows a re-creation of a licensed data
enviromnent
on another device, allows for transfers of licenses between a user's devices,
allows for
remote access of license information by the user using a device without a
volatile
memory area (e.g., some types of cell phones), and allows streaming of
licensed
digital files.
10 The central license database 150 can also store information identifying
media
files that are discovered on the user device 105 by software installed on the
device
105 (e.g., files that are present in the device memory before software that
discovers
the files is installed on the device 105). In some implementations,. such
files can be
assumed to be licensed, at least for the device 105 on which they are present.
Limitations may be placed on their use, however, such as by requiring a
purchase of a
license before allowing the file to be transferred or copied to other devices.
For some types of user devices 105, such as some cellular phones, some of the
functions can be performed by components that are remote from the user device.
Some cellular phones, for example, may not have the memory capability to store
files
2o and license information locally or, depending on the application, it may be
otherwise
undesirable to do so. In such a case, digital files (such as but not limited
to music or
video) may be streamed to the user device over a wireless connection. The
local
database 135 can be located in the wireless network and the processing that
determines whether the user device has a license to access particular files
can also be
performed on a server in the wireless network.
The user device 105 also is capable of communicating with one or more
retailer servers 155(1)-155(n) that each offer the ability to download media
files from
a corresponding media file library 160(1)-160(n) for the retailer server 155
and the
ability to purchase licenses to use the media files. The media file library
160 for each
3o retailer server 155 is independent of media file libraries 160 for other
retailer servers
155. Thus, each media file library 160 can have a different collection of
media files,
although in some cases there can be a significant, if not a complete, overlap
of media
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files contained in different media file libraries 160. This situation can
occur, for
example, where two different retailers are authorized by a particular record
label to
sell the same song files.
Each retailer server 155 can be implemented as a web server that is accessible
using an Internet address. A user can therefore access the retailer server 155
through
the user device 105 by directing a browser application on the user device 105
to the
Internet address associated with the retailer server 155. The user device 105
can
thereafter communicate with the retailer server 155 to request and obtain web
pages
that list media files available for purchase; display licensing terms,
conditions, and
pricing; offer search capabilities; enable user logins; and the like.
To purchase a license to use a digital media file and to download the file,
each
retailer server 155 generally requires the user to login through a
conventional
authentication process. The authentication process, for example, may use a
user name
and password, some other challenge response, and/or other authentication
credentials
to authenticate the user. In addition, at least initially, the user may be
required to
further login to the central server 140 using a separate authentication
process used by
the central server 140. By logging onto the central server 140 while logged
onto the
retailer server 155, the retailer-specific authentication credentials can be
associated
with the authentication credentials for the central server 140, thereby
enabling
licenses purchased using through the retailer server 155 (i.e., using the
retailer-
specific authentication credentials) to be identified and stored in connection
with the
user's identity (i.e., the user's central server authentication credentials)
in the central
license database 150 associated with the central server 140. This association
of
retailer-specific authentication credentials with central server
authentication
credentials can be performed for multiple different retailer servers 155, such
that the
user's purchases from different retailer servers 155 are all identified and
stored in the
central license database 150. A record of purchased licenses can also be
stored in the
local database 135.
The central server authentication credentials can be different than the keys
stored in the BIOS 135. In particular, the keys can be used by software
installed on
the user device 105 for purposes of ensuring that media files are licensed
before
allowing access, while the authentication credentials can be used for purposes
of
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allowing a user to access and display lists of licensed media files, license
terms,
referral credits, and other information stored in the central license database
150.
In general, the central server 140 is responsible for license management and
protection against unauthorized access and use of digital media files, and the
retailer
servers 155 are responsible for allowing users to purchase media file licenses
and to
download media files. In some cases, however, the central server 140 can also
provide retail services. For example, the central server 140 may not provide
the
ability to download media files but may allow users to purchase licenses to
access and
use digital media files obtained through other channels (e.g., an unlicensed
file
obtained through a peer-to-peer network and/or through UO port 125).
Similarly, the
retailer servers 155 can provide some license management functions. For
example,
the retailer servers 155 can access and/or retrieve a particular user's
license data from
the central license database 150 and can allow the user to view and/or
manipulate the
license data. Typically, however, any changes relating to licensed media that
are
made through a retailer server 155 are replicated to the central license
database 150,
which is responsible for maintaining the primary license record data. Changes
to the
user account associated with a retailer server 155 or to the user account
associated
with the central server 140 are maintained locally by the respective servers
and are not
replicated or otherwise accessible by other servers. Accordingly, account
management functions can be provided to users by logging onto the central
server 140
or the retailer servers 155 using the respective authentication credentials.
In addition to storing license record data, such as a file ID and license
scope
parameters (e.g., number of copies/devices allowed, license expirations, and
the like),
the central server 140 and/or the central license database 150 can store
information
relating to referrals made by each user. For example, a user can recommend a
particular media file that the user has purchased from a retailer server 155
(or that the
user has simply located on a web page supported by a retailer server 155) to a
friend
or other user. The recommendation can be sent by email, instant messaging, or
some
other format and can include information identifying the referring user. For
example,
when a user is authenticated with a particular retailer server 155(1), a web
page
supported by the retailer server 155(1) can include a user interface component
(e.g., a
button, checkbox, or data entry field) that allows the user to refer a
selected media file
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or files to another user (in addition to a user interface component that
allows the user
to purchase the media file). As a result, the other user may receive an email
with a
link to a web page supported by the particular retailer server 155(1) that
enables the
other user to purchase the media file. By referring a media file in this
manner, the
referring user can be allocated a credit that can be used in future media file
license
purchases. The credit is generally stored in the central license database 150,
is
associated with an identifier for the referring user, and can be used for
purchases from
any retailer server 155. In some cases, however, the credit may be stored by
the
retailer server 155 and/or may be used only in connection with purchases from
the
retailer server 155(1) from which the purchase that resulted in the credit was
made.
Credits earned by a particular user for referrals can be retrieved by the
retailer
servers 155 from the central server 140 once the particular user is
authenticated by the
retailer server 155, assuming the particular user has previously associated
the user's
retailer authentication credentials with the user's central server
authentication
credentials. Tracking of whether a purchase is made as a result of a referral
can be
performed by the retailer server 155 or by the central server 140 using data
contained
in a referral link, by routing the referred user through a particular Internet
address, or
by correlating referral information stored in the retailer server 155 and/or
the central
server 140 with subsequent purchases.
Information identifying which media files have been referred by each user
may also be stored at the central server 140. Users can access and view this
information by logging onto the central server 140 with their central server
authentication credentials. The retailer servers 155 can access this
information or can
separately store this information, at least with respect to media files that
originated
from the respective retailer server 155.
To make purchases from the retailer servers 155, media files offered by the
retailer server 155 can be selected by users and added to an online shopping
cart. The
user can add and remove items, purchase licenses for the selected media files,
and
save the contents of the shopping cart. In addition, once the user purchases
one or
more media file licenses, the user can download the licensed media files
concurrently
with the purchase or at a later time (e.g., when the user has access to a
faster
connection or would like to download to a different device).
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The central server 140 also stores in the central license database 150
information identifying which devices a user has registered for situations in
which the
user copies media files to different devices. This information allows the
central server
140 to determine whether the user has reached a maximum number of devices onto
which a media file can be copied, as defined by license rules for each
particular media
file. In addition, this information can be used to limit downloads of media
files to
devices that are registered or otherwise associated with a particular user.
Information
about which devices are associated with each user can be retrieved by the
retailer
servers 155 from the central server 140.
The central server 140 further supports a set of rules regarding allocation or
distribution of proceeds from sales of media file licenses. In the case of
music files,
the rules typically define a percentage or dollar amount that is to be
allocated to the
recording company, an operator of the central server 140, and one or more
referring
users. For example, for a ninety nine cent ($0.99) sale, the recording company
might
be allocated fifty cents ($0.50), the central server 140 operator might be
allocated
seven cents ($0.07), a first referring user might be allocated ten cents
($0.10), and a
second referring user (i.e., a user that is referred a file by the first
referring user and,
in turn, refers the file to a third user) might be allocated three cents
($0.30). An
operator of the retailer server 155 that made the sale might also be allocated
a fixed
amount (e.g., $0.29) or might be allocated a remaining amount (i.e., allowing
the
retailer to set a price that produces a desired profit margin). Alternatively,
another
entity can be allocated a remaining amount. For example, the operator of the
central
server 140 can be allocated a remaining amount if the retailer has a fixed
allocation or
if there are no referrals that require an allocation.
FIG. 2A is a signaling and flow diagram of a process 200 for purchasing and
storing media file licenses. A user retrieves a web page from a first retailer
server 204
using a first user device 202 (step 220). The web page may provide a listing
of media
files that can be purchased from the first retailer server 204 or may provide
a search
capability for searching for media files that can be purchased. Using the
listing or as
3o a result of conducting a search, the user identifies and selects one or
more media files
that the user wants to purchase (step 222). For example, the user can add
media files
to an online shopping cart. The user can then initiate a purchase of the
selected media
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files (step 224). To complete the purchase, the user is requested to login
with the first
retailer server 204 (step 226). Assuming that the user has not previously
registered
with the first retailer server 204, the user registers with the first retailer
server 204 to
establish first retailer server login credentials (step 228).
5 The first retailer server 204 further requests that the user login with the
central
server 206 (step 230). In this example, it is assumed that the user has not
previously
registered with the central server 206. Accordingly, the user establishes
central server
login credentials (step 232), which can be performed through the first
retailer server
204 or by redirecting the user to the central server 206 to obtain user
registration
10 information (step 234). Subsequently, logins with the central server 206
can be
accomplished by simply obtaining the user's central server authentication
credentials
at the first retailer server 204 or by redirecting the user to a web page
associated with
the central server 206. The first retailer authentication credentials are
associated with
the central server authentication credentials (step 236). This association can
be
15 performed at the first retailer server 204 or at the central server 206.
For example, the
first retailer server 204 can store the user's central server authentication
credentials in
a local user profile associated with the user's first retailer server
authentication
credentials. Alternatively, the central server 206 can store the user's first
retailer
server authentication credentials in association with the user's central
server
authentication credentials. Thereafter, purchases made through the first
retailer server
204 can be attributed to the user's identity at the central server 206 by
sending at least
part (e.g., a user name) of the user's first retailer server authentication
credentials to
the central server 206 along with data identifying the media files purchased.
The first retailer server 204 requests payment information, such as a credit
card (step 238). In response, the user submits payment (step 240), and the
purchased
media file licenses are delivered to the central server 206 and the first user
device 202
(step 242), where license data for the user is stored in a central license
database 208
(step 244) and in a local database of the first user device 202 (step 246).
FIG. 2B is a signaling and flow diagram of a process 214 for purchasing and
storing media file licenses from a different retailer server. As in steps 220
and 222, a
web page for a second retailer server 210 is retrieved (step 250), and the
user selects
one or more media files for purchase (step 252). The user initiates a purchase
of the
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16
selected media files (step 254). To complete the purchase, the user is
requested to
login with the second retailer server 210 (step 256). In this case, it is
assumed that the
user has previously registered with the second retailer server 210, so the
user provides
second retailer server authentication credentials (step 258). It is also
assumed that the
user has previously associated the second retailer server authentication
credentials
with the user's identity at the central server 206. Accordingly, the user's
central
server authentication credentials are identified (step 260). The second
retailer server
210 requests payment information (step 262). In response, the user submits
payment
(step 264), and the purchased media file licenses are delivered to the central
server
1o 206 and the first user device 202 (step 266), where corresponding license
data for the
user is stored in a central license database 208 (step 268) and in a local
database of the
first user device 202 (step 270). As a result, licensing data corresponding to
media
file licenses purchased from two different retailer servers 204 and 206, each
having
their own independent authentication process, is stored in association with
the same
user identity at the central server 206.
FIG. 2C is a signaling and flow diagram of a process 272 for earning and
storing referral credits. A user on a first user device 202 sends a referral
for one or
more media files to a user on a second user device 212 (step 274). For
purposes of
this example, the referred media files are assumed to be referred by the user
of the
first device 202 from two different retailer servers 204 and 210. The
referrals can be
made as part of a single message or other communication or as part of
different
communications. The user on the second user device 212 performs a login and
purchase of some of the referred media file licenses from the first retailer
server 204
(step 276), and corresponding license data is delivered to the central server
206 and
the second user device 212 (step 278). The license data is stored in the
central server
license database 208 in an account associated with the purchasing user (step
280).
The central server 206 also allocates revenues from the purchase (step 282),
including
identifying the referral by the user of the first device 202 and allocating
credit to the
referring user's account. The allocated credit is stored in the central
license database
3o 208 in association with the referring user's account (step 284).
The user on the second user device 212 also performs a login and purchase of
additional referred media file licenses from the second retailer server 210
(step 286),
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17
and corresponding license data is delivered to the central server 206 and the
second
user device 212 (step 288). The license data is stored in the central server
license
database 208 in an account associated with the purchasing user (step 290). The
central server 206 also allocates revenues from the purchase (step 292),
including
identifying the referral by the user of the first device 202 and allocating
credit to the
referring user's account. The allocated credit is stored in the central
license database
208 in association with the referring user's account (step 294). Thus, the
referring
user can accumulate credits in a single account based on referrals to
different retailer
servers 204 and 210. In addition, the credits can generally be used for
subsequent
purchases from either the first or second retailer servers 204 or 210 or from
some
other retailer server that communicates with the central server 206.
FIG. 3 is an example of a user interface 300 that can be used to purchase
media
file licenses. The user interface 300 includes a list of music files that meet
certain
search criteria. The user interface 300 includes a user interface component
305 for
selecting music files, a user interface component 310 for initiating a
purchase of the
selected music files, and a user interface component 315 for referring
selected music
files to one or more other users. For example, by selecting the user interface
component 315 for referring selected music files, another user interface can
be
displayed that allows the user to identify users (e.g., email addresses) to
whom each
music file is to be referred.
The central server described above can be used as part of a system designed to
prevent unauthorized access to digital media files. For example, the central
server can
be used in connection with software on user devices to authorize access to and
use of
media files for which the user has a valid license.
FIG 4 is a flow diagram of a process 400 for managing digital rights to a file
that is loaded onto a user device, such as a computer. The user device
includes
software interfaces with the I/O ports for the device to monitor all file I/O,
much like
a firewall, which scans all inbound and outbound traffic for the computer and
checks
all files being moved into and out of the system. Files may be loaded onto the
device
using any type of I/O port, including a floppy drive, an Ethernet or LAN
connection, a
dial-up connection, a CD-ROM or DVD drive, a USB port, an infrared data port,
a
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18
Bluetooth or other wireless connection, or any other mechanism and/or protocol
for
transferring data to and from the user device.
When the file is loaded onto the user device, the file is detected (step 405).
The detected file is further examined using file identification software in an
attempt to
identify the file (step 410). For example, the file identification software
may
determine if the received file represents a known song or movie (e.g., in MP3,
Windows media, or some other format). This file identification may be
performed by
software implementing the techniques described in Roberts, et al., U.S. Patent
Application Publication No. 20030028796, filed July 31, 2002, Roberts, U.S.
Patent
Application Publication No. 20030046283, filed October 29, 2002, and/or Wells,
et
al., U.S. Patent Application Publication No. 20030086341, filed July 22, 2002,
all of
which are assigned to Gracenote, Inc. and all of which are incorporated herein
by
reference. This technology extracts a digital fingerprint from a digital file
and
compares the extracted fingerprint to a database of known works. More
specifically,
this technology can use algorithms to detect a media file type and a
likelihood that the
media file is of interest (e.g., represents a potentially protected work).
Generally,
these algorithms examine internal attributes of the file, instead of simply
identifying
the file type based on the file extension. Media files that are determined not
to be of
interest may be allowed to pass without further analyzing the file.
If the media file is found to be likely to be of interest, additional
algorithms
are used to identify the specific media file (e.g., the specific song, movie,
photo,
written work, etc.). Fingerprinting data that allows the specific media file
to be
identified may be stored at a central server and accessed using an Internet
connection.
Some files may be of a relevant file type but may not be recognized (e.g., if
the media
file represents a recording generated by the user or if access to a central
database of
digital fingerprints is not available). Access to such a file may be allowed
without
restriction, but the file may be flagged as unrecognized (e.g., by storing an
indication
on the user device that the unrecognized file has been accessed), which allows
faster
processing in the future and allows the Solution Software to potentially
identify the
3o media file at the time of a later use if the media file is subsequently
catalogued or
otherwise identified (e.g., when an internet connection to the central digital
fingerprint
database becomes available). If the file is subsequently identified or
catalogued and is
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19
subject to restrictions, a stored indication that the unrecognized file was
accessed may
be used to require purchase of a license to continue using the file or to
otherwise
collect license fees for use of the file. In some implementations, data for a
limited
number of media files (e.g., the 2000 most popular song files) may be stored
locally
on the computer for quick access. The locally stored fingerprinting data may
be
periodically updated from the central server (e.g., as the popularity of song
files
changes).
The file identification techniques described above allow for accurate
identification of the file even if someone has attempted to disguise the file
(e.g., by
changing the file name, extensions, or other attributes) and regardless of
whether the
file is received in compressed or uncompressed form (e.g., using standard
practices
for reading compressed information). Such techniques offer a very low error
rate of
less than 2% (less than 1% false negatives and less than 1% false positives).
Other file identification techniques may also be used, such as watermarking
and fingerprinting techniques, as are known in the field of digital rights
management.
In some cases, it may not be necessary to identify the file using complex file
identification techniques. Instead, the file may be identified based on a file
name or
using file ID attributes, which may be contained in or with the file and may
be
designed to be tamper-resistant. For example, if the media file is wrapped,
the file
identification software may operate to detect the wrapper and read file ID
information
embedded in the wrapper. Thus, files can be identified using implicit
characteristics
of the file (e.g., a fingerprint or watermark) or using explicit file
characteristics (e.g., a
file identifier stored in a file header).
Once the file has been identified, a determination is made as to whether the
file has been licensed for use on the user device and/or by the particular
user (step
415). This determination may be performed by referring to one or more license
databases, which may be stored locally (e.g., on the user device) and/or
remotely (e.g.,
at a central server). To ensure that the license information in the license
database is
valid, one or more special keys may be used to access the information, unlock
the
license database, and/or to validate the user, the user device, and/or the
license on the
user device itself or by communicating with a central server, as discussed in
greater
detail below. If the file is licensed, the user may be allowed to access the
file (step
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420), which may involve, for example, unwrapping the file, playing a song or
movie
contained in the file, storing or otherwise using the file on the user device,
or
streaming the file to the user device over a wireless or wired connection. The
license
may specify what type of access or use of the file is permitted.
5 If the file is not licensed, a license may be offered to the user for
purchase
(step 425). For example, the user may be directed to a website where a
purchase can
be made, or a pop-up window may appear on a display screen for the user device
asking whether the user wishes to purchase a license to the file or otherwise
accept
certain license terms and/or the user may be directed to a website where a
purchase
10 can be completed. Alternatively, the user may have a service that allows
for pre-
purchasing of a certain number of credits that may be applied to license
purchases. As
another alternative, the number of unlicensed media used in a particular
period may
be monitored locally by the Solution Software or other software, and this
information
may be subsequently used to calculate usage fees or rates. The license terms,
such as
15 duration, use and distribution limitations, and payment options, may also
be displayed
as part of the offer of a license for purchase. It is then determined whether
the user
accepts the license (step 430) (e.g., by receiving an indication that the user
clicked on
an accept button or a decline button in the pop-up window). If the user does
not
accept the license, access to the file may be denied (step 435). If the user
does accept
20 the license, including complying with any payment terms, the user is
allowed to
access the file, and license information, indicating that the file has been
licensed and
any other necessary infon=nation, is stored in the license database(s) (step
440).
FIG. 5 is a flow diagram of a process 500 for installing, on a user device,
software ("Solution Software") that controls access to protected files. The
Solution
Software may perform a number of different functions, including gathering
information for generating keys, communicating with the central server,
monitoring
the file I/O system, storing and retrieving license information from the local
database,
identifying files (e.g., using the Gracenote or other technology), wrapping
and
unwrapping files, and facilitating the purchase of licenses. The Solution
Software
may be installed on a user device in a number of different ways. Traditional
download and software install processes are one way for the Solution Software
to be
installed. The installation process can be initiated when the user device
receives
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21
wrapped files. Other potential installation processes could involve seeding
current
peer-to-peer networks with songs wrapped by the Solution Software, sending the
Solution Software, or a link to a server that stores the Solution Software,
using instant
messaging or emailing, and other alternatives. The process 500 illustrated in
FIG. 5
illustrates an installation initiated as a result of receiving a wrapped file.
Initially, a data file is created (step 505). If the data file is a song, for
example,
the creation of the data file may include an artist recording a song and the
artist, label,
and publisher working together to create a song that is ready for
distribution.
Alternatively, an independent artist may self produce and publish a song for
lo distribution. The song may subsequently be "ripped," which involves taking
a song
from a digital source such as a CD or DVD or an analog source and encoding the
song
into an MP3 file, Windows Media file, Real Player file, or other media format
for
playback on a computer or music/media player device.
A digital wrapper may then be applied to the media file (step 510). The
content owner (e.g., the record label, publisher, or independent artist) or
someone else
in the distribution chain may apply, adjust, or enhance the digital wrapper to
the
media file. The digital wrapper may include attributes such as a title,
author/artist,
and volume/collection along with business rules specifying ownership, usage
rights,
royalty fees, and pass-along payout levels (i.e., commissions that will be
paid to
individuals along the distribution chain). This combined information is given
a
"Unique File ID" (UFID) and may be stored in a central database (see FIG. 2).
The
UFID is included in the wrapper during any and all transmissions and is used
as a
mechanism to identify the media file and to trigger specific functions like
copyright
owner payment events, file usage database updates, and micro-payment fee
allocations for consumer pass-along activities. The Solution Software may
include
processes for verifying the integrity of a file and its UFID to prevent UFID
and
wrapper tampering. For example, the file recognition techniques discussed
above
with respect to files that do not include a unique embedded ID may be used to
"recognize" the file by generating a derived ID. The derived ID may then be
checked
3o against a corresponding stored ID to ensure that the file and its unique
embedded
identifier have not been subject to tampering.
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In addition to information about the media file, the wrapper prevents
unauthorized access to the media file. In other words, the wrapper prevents
access to
the media file unless the user has purchased a license. In essence, the
wrapper places
the file in an encrypted form that requires a key to be able to access the
underlying
media file. Conventional digital wrappers that are typically used for
protecting
software applications as they are distributed electronically may be used as a
wrapper
for the media file. For example, the wrapper may be of the same type as the
ecommerce wrapper available from Digital River, which has been used to
distribute
software such as Norton Antivirus from Symantec Corporation and Aladdin
Software's Privilege system. Once the user purchases a license for himself or
for the
device, a key is used to unwrap the media file. The key may be received from
the
central server.
Typically, all communications between the user device and the central server
occur with two levels of encryption. First, transmissions are encrypted via
SSL/TLS
(Secure Sockets Layer/Transport Layer Security also known as Secure HTTP).
Second, transmitted keys are secured via public and private key pairs and a
symmetric
key. A certificate specific to the user's device may be issued to the user
device at
installation to ensure the computer can be trusted for communication by the
central
server. The certificate indicates that the sender is who it says it is. The
central server
can then send its public key to the sending computer. The sending computer
encrypts
the information it wishes to transmit with a symmetric key and then encrypts
the
symmetric key with the public key of the central server. The central server
uses its
private key to decode the symmetric key and then uses the symmetric key to
decode
the received information. Examples of symmetric key algorithms include DES
(digital encryption system), 3DES (Triple-DES), and simple cipher
transcription
algorithms. A popular example of a key pair encryption algorithm is PGP
(Pretty
Good Privacy). The methodology described can be used in reverse to send
information from the central server to the user's device.
In general, each media file may have a corresponding unique key, or a
particular key may be shared among two or more media files. To improve
security,
the specific encryption method used may be unique to each file. Thus, multiple
encryption techniques may be used, and the wrapper may include an encryption
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23
technique identifier to inform the Solution Software of which decryption
technique to
use for unwrapping the file. The wrapper may also include an executable
component
that runs whenever a user tries to open the wrapped file. Among other things,
the
executable component determines whether a valid installation of the Solution
Software exists on the user device.
Note that the license database local to the device can be encrypted. This
encryption typically uses a symmetric key algorithm as described above. To
improve
security, layers of security can be added (also described above) and the
encryption
scheme may be changed from time to time in communication with the central
server.
The described techniques utilize combinations of data and encryption seed
values to
generate the symmetric keys. Elements of these encryption seeds include
information
specific to the local user and/or device, including information that is bound
to the
device's hardware and non-volatile memory. This enhances the system's ability
to
make the encryption specific to the local machine. In this way, encryption and
identification keys generated for a system cannot be used on another system.
Wrapped files are typically encrypted using symmetric keys as described
above. The encrypted contents are stored within the executable wrapper.
Accordingly, keys may be used for a variety of different security functions,
including
protecting (i.e., locking) and unlocking a wrapped file, locking and unlocking
a local
2o database, protecting communications between the user device and the central
server
and/or central database, authenticating the user, authenticating the user
device to the
central server, and authenticating the central server to the user device.
A user device may subsequently receive the wrapped file (step 515) through a
physical or electronic media distribution technique. For example, a user may
receive
the wrapped file on his computer from a peer-to-peer platforms such as
Morpheus,
KaZaA, Napster, Grokster, etc.; in an email received from another person;
through a
file access and download process (FTP or HTTP) from a web site, telephone or
satellite network, whether or not the site is a legitimate distributor of the
digital
content; in a person-to-person file sent via instant messaging or other direct
connect
methods; or via other media, such as network connection, CD-ROM or CDR, DVD-R,
Zip disk, and the like.
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When a user attempts to open or otherwise access the wrapped media file (e.g.,
by double clicking on the file), the executable component of the digital
wrapper
determines whether a valid installation of the Solution Software already
exists on the
user device (step 520). During installation of the Solution Software, the
central server
creates a unique key, which may include a "Unique Customer ID" (UCID)
associated
with the user and/or a device key. The unique key is generated by combining,
according to a predetermined algorithm, a number of data types, which may
include
device specific information, data gathered from user input, data generated by
the
Solution Software or central server, and local database access and location
information. The data, or at least some parts of the data, is generally sent
to the
central server from the user device, and the central server uses the received
data to
generate the unique key. The central server then encrypts this information and
sends
the information back to the user device where the information is stored in a
secure,
non-volatile area on the user device, such as the BIOS. Among other things,
the
unique key allows the central server to recognize the consumer, enabling the
user to
use licensed data files and receive payment for "promoting" (pass-along) files
to other
consumers. The presence of the unique key on the user device, along with the
executable Solution Software and supporting files, thus indicates that a valid
installation of the Solution Software exists on the user device. If the unique
key is
present but the user has removed all or part of the software and supporting
files, on
the other hand, a reinstallation of the Solution Software is necessary.
Accordingly, when a user attempts to access the wrapped media file, the
Solution Software checks the BIOS for a valid unique key by conducting a
memory
read of the BIOS data tables, which may be written to the SMBIOS (also known
as
DMI) standard (as defined in the "System Management BIOS Reference
Specification
version 2.3 (Section 2.1 - Table Specification)", where the unique key is
written when
the Solution Software is installed. If the unique key is not found, the
executable
component of the wrapper determines that the Solution Software is not yet
installed.
If a unique key is found in the BIOS, the unique key is read and verified with
the
central database to ensure the found unique key is valid. The central database
decrypts the unique key and calculates and verifies a checksum. As an
alternative to
using a checksum, other verification methods, such as the inclusion of an
additional
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key or handshake token in the exchange between the client device and the
central
server, may be used. In some situations or implementations, verification of
the unique
key's validity may be performed by the Solution Software on the user device.
If the
unique key and checksum do not match, the executable component of the wrapper
5 determines that valid Solution Software is not currently installed. If the
unique key
and checksum do match, it is determined that a valid installation exists. In
some
implementations, such as where the local system has limited processing
resources
(e.g., in a cell phone), the process of checking for a valid installation may
be
performed at the central server.
10 In addition, if the unique key indicates that a valid installation exists,
the
Solution Software located on the user device may be validated against unique
identification information for the Solution Software that is included in
unique key
stored in the BIOS. For example, the unique key stored in the BIOS may include
a
checksum and version for the Solution Software, which may or may not be stored
in
15 an encrypted form, that are compared to a checksum and version for the
Solution
Software located on the user device. If this information does not match, the
executable component of the wrapper determines that valid Solution Software is
not
currently installed. Otherwise, a valid installation is recognized.
Although not illustrated in FIG 5, there may be situations in which the
20 wrapped file is already licensed (i.e., a license to access the file is
already stored in a
local or central license database) or the file, without the wrapper, already
exists on the
user device (e.g., the file was ripped onto the user device from a CD before
the
Solution Software was installed on the user device). In the latter case, it
may be
presumed that the user is entitled to a license to access the file. To
determine if the
25 file already exists on the user device, it is generally necessary to scan
the storage
devices connected to the user device to discover what files exist on the user
device.
The handling of files that are already licensed on the user device or that are
already
present on the user device are further discussed below.
If the executable component of the wrapper determines that valid Solution
Software is not currently installed, an offer to install the Solution Software
is
presented on the user device (step 530). The offer may be presented, for
example, in a
pop-up window. It is then determined whether the user accepts the offer to
install the
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26
Solution Software (step 535) (e.g., by receiving an indication that the user
clicked on
an accept button or a decline button in the pop-up window). If the user does
not
accept the offer, the Solution Software is not installed and access to the
wrapped
media file is denied (step 540). If the user accepts the offer, the Solution
Software is
installed (step 545) from a central server that stores the Solution Software
code or
from code included in the wrapper.
Once the solution software is installed at step 545 or if the executable
component of the wrapper determined at step 520 that a valid installation of
the
Solution Software already exists (and assuming the wrapped media file is not
already
licensed by the user and/or on the user device), an offer to purchase or
license the
wrapped media file is presented on the user device (step 525). Alternatively,
the user
may be directed to a website where a purchase or license of the file can be
completed.
It is then determined whether the user accepts the purchase or license offer
(step 550).
If not, access to the wrapped media file is denied (step 540).
In some implementations, installation of the Solution Software may not occur
until after presenting the offer to purchase or license the wrapped media file
at step
525 or even after the user accepts the purchase or license offer at step 550.
Accordingly, an offer to purchase or license (step 525) the wrapped media file
may be
presented on the user device regardless of whether a valid installation of the
Solution
Software is found on the user device at step 520 and before a copy of the
Solution
Software is installed at step 545. In such a case, the Solution Software may
be
installed, without requiring a separate offer and acceptance for the Solution
Software,
at about the same time as, or after, determining whether the user accepts the
purchase
or license offer at step 550. Accordingly, step 545 may be performed roughly
concurrently with step 550 or after step 550, and steps 530 and 535 may be
omitted.
As another alternative, steps 530 and 535 may be performed at some other point
during the process 500.
If the user accepts the purchase or license offer, payment information is
obtained from the user and sent to the central server (step 555). The central
server
may include a micro-payment system that tracks the sale of the media file
license and
also all the parties to be paid for each specific sale, as further discussed
below. If this
purchase is the first time the user has purchased a media file, the billing
information
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including payment method and related information as well as address and phone
contact information are entered. Otherwise, the user may have the option to
log in
and use a previous payment method or to enter a new payment method.
The payment method is processed. If the payment fails, the user can enter a
different payment method and try again. If the user chooses not to try again
or if no
payment method offered is validated, the transaction is cancelled and access
to the
media file is denied. Assuming payment is successful, however, the media file
is
unwrapped (step 560) and license information may be stored, as appropriate, in
a local
database and/or a central database.
Once the Solution Software is installed on the user device, the Solution
Software may check all media on the user device (step 565) to determine
whether any
of the media files represent protected content. This check may be performed by
scanning the contents of the user device's memory and using a file
identification
technique to identify known media files. Recognized media files may then be
wrapped to enable the user to promote and sell his/her own cataloged library,
as
further discussed below. In specific implementations, the media files may be
wrapped
upon recognition or may not be wrapped until a user attempts to send the file
through
the I/O system of the user device. In addition, the user may be required to
purchase a
license for any recognized content for which the user does not already possess
a
license. In some implementations, however, it may be undesirable to require
purchase
of a license for files that already reside on the user device when the
Solution Software
is installed because it may not be possible to determine if the user
legitimately
possesses the file (e.g., if the user previously paid for the file before the
Solution
Software was installed on the user device). Files that already exist on the
user device,
however, may be wrapped upon transfer to another device and/or another user.
FIG. 6 is a flow diagram of a process 600 for wrapping content that arrives
without any digital wrapper on a user device that includes the Solution
Software.
Initially, a media file is created (step 605), as described above in
connection with FIG.
5. The media file is subsequently received on a user device that includes the
Solution
Software (step 610) through a physical or electronic media distribution
technique.
The Solution Software monitors the file I/O system and thus recognizes the
receipt of
the media file. Using a file identification technique, the Solution Software
attempts to
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identify the media file (step 615) by, for example, extracting a digital
fingerprint from
the media file and comparing the fingerprint with fingerprints of known media
files.
A determination is made as to whether the media file is recognized (step 620).
If not,
it may be assumed that the file is not protected by copyright or otherwise,
and access
to the media file may be allowed (step 625).
If the file is recognized, it is detennined whether the media file has already
been licensed for use on the user device and/or by the particular user (step
630). In
general, when a file is recognized, the file identification techniques will
identify an
existing UFID associated with the media file. To detenmine if the media file
is
lo licensed for use on the user device, the Solution Software may determine if
the UFID
is stored in a local database that contains UFIDs for licensed media files. In
some
cases, the user may have a license to the media file but the license
information may
not be stored on the user device. For example, the user may have purchased a
license
using a different device. Assuming the business rules for the media file do
not limit
use of the media file to a particular device (i.e., the device on which the
media file
was originally licensed) or otherwise preclude use of the media file on the
current user
device, access to the media file may be permitted. Accordingly, if the UFID is
not
found in the local database, a central database may be checked to determine if
the user
has a license for the media file.
If it is determined that the media file is licensed, access to the media file
may
be allowed (step 625). In some cases, it may be determined that a valid
license exists,
and access to the media file may be allowed, even if the file is not contained
in a
license database for the user. For example, if the file is being loaded onto
the user
device from a compact disc (CD), the Solution Software may be able to
recognize
whether the CD is factory-produced and, if so, may be programmed to assume
that the
attempt to copy the file is legitimate or permissible. Accordingly, the
Solution
Software may allow copying of files from an original CD and may store license
information for files that are copied from an original CD (see step 640 of
FIG. 6).
However, the Solution Software may also be programmed to prevent further
copying
3o of a file that is received from a CD. In particular, the Solution Software
may wrap a
file that is copied from a CD, either at the time that the file is recognized
or upon
detecting that the file is being transferred through the I/O system for the
user device.
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If the media file is not licensed, the user may be offered the opportunity to
purchase a license to use the media file (step 635). If the user opts not to
purchase a
license, access to the media file may be denied (step 640). If the user
decides to
purchase a license, payment information is obtained from the user and sent to
the
central server (step 645). Assuming payment is successful, license information
for the
media file may be stored, as appropriate, in a local database and/or a central
database
(step 650). The media file may also be wrapped for further distribution (step
655),
which ensures that the media file is licensed and that the appropriate fee
distributions
are made before others can access the media file. As discussed above, the
media file
may be wrapped immediately. Alternatively, the media file may remain in an
unwrapped form on the user device and be wrapped only when a user attempts to
send
the media file through the 1/0 system for the user device.
FIG. 7 is a signaling and flow diagram of a process 700 for. generating a UCID
for a user and/or a key that is specific to the user device. In general, each
user will
have a single UCID and each user device will have its own specific device key.
The
UCID may be used for identifying the user for purposes of accessing the user's
license information stored at the central server, tracking the source of files
for
purposes of identifying payments (i.e., when a user has added his/her UCID to
a file
wrapper and distributed the file to other purchasers), and for identifying
certain user
2o devices as belonging to a particular user. The specific device key may be
used for
unlocking and/or accessing the local license database as well as allowing the
central
server to identify the specific device. The UCID and the specific user device
key may
also be merged into a combined key by simply appending one to the other or by
intermixing the keys according to some type of coding algorithm. A combination
of
the UCID and the specific user device key may be used for distinguishing among
the
specific user devices that belong to a particular user (e.g., so the central
server can
keep track of which devices on which a licensed file resides).
The process 700 involves operations on and communications between a user
device 705, a BIOS 710 for the user device 705, a central server 715, and a
central
3o database 720. An installation of the Solution Software on the user device
705 is
initiated (step 722). As a result, the user device 705 sends a request 724 to
the central
server 715 for the Solution Software. In response to the request 724, the
Solution
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Software is downloaded 726 from the central server 715 to the user device 705.
Instead of sending a request 724 and performing a download 726, the Solution
Software may be loaded locally (e.g., from a file located on the user device
705 or
from a disk). The user may be prompted to accept the terms and conditions of a
5 license agreement for the Solution Software, and acceptance of the license
agreement
may be received (step 728).
The Solution Software that is loaded onto the user device 705 includes
executable code necessary to collect certain user-related information (step
730).
Some of the information may be collected automatically while other information
may
10 require manual input by the user. For example, the user may be prompted to
enter a
unique user name or "handle," a password, an email address, and other user
input
information. This information may be used to access the user's license and
other
information stored in the central database and/or to access a local database
specific to
the user on a user device 705 that may be shared by multiple users.
Information that
15 is automatically gathered may include device specific information (e.g.,
System
Universal User ID, CPU ID, MAC address, BIOS boot block) and access and
location
information for the local database.
The Solution Software that is loaded onto the user device 705 also includes
executable code necessary to establish a connection 732 between the user
device 705
2o and the central server 715. Typically, an Internet connection between the
user device
705 and the central server 715 is made automatically. If automatic connection
is not
possible, a manual process is started to prompt the user to initiate a
connection (using
a modem, network, etc.). If no Internet connection is made, the installation
aborts, in
which case the information gathered at step 730 may be stored for a subsequent
25 attempt to install the UCID and specific device key when an Internet
connection is
available. Installation of the Solution Software may similarly be aborted at
steps 722,
724, & 726 in cases where the Solution Software is installed from the central
server
715. The Internet connection is made via a secure channel such as Secure
Sockets
Layer (SSL).
30 Information sent to the central server 715 may be sent on this secure
channel,
and the information may have additional encryption applied to it (e.g., using
PGP in
addition to the encryption provided by the SSL connection). Messages sent to
the
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central server 715 may be responded to with a success or fail code. Messages
sent
which receive no response in a programmatically deterrnined reasonable
timeframe
may be assumed to have failed. Using the established connection, the user
information collected at step 730 is transmitted 734 to the central server
715.
The central server 715 may search 736 the central database 720 to see if the
user is already known. Determining if the user is already known may involve a
comparison of one or more of the data items of user information to known data
items
stored in the central database 720. For example, if the user name is already
in the
central database 720 but the password does not match, the user may be prompted
to
log in with the correct password and/or notified that the user name is already
in use.
If the user is not already known, the central server 715 generates a UCID
and/or a device key (step 738). The UCID and the device key may be generated
by
combining a selected number of data items, which may be selected from among a
various available data items including the received device specific
information, the
received user information gathered from user input, the received access and
location
information for the local database, data generated by the central server 715,
and
information regarding the date and time of, or other information about, the
transaction. As discussed above, the UCID may be combined with the specific
device
key to create a combined key. Which data items are used and how the data items
are
combined may be defined by algorithms stored in the central server 715. By
generating the UCID, device key, and/or combined key at the central server
715, the
algorithms for generating the UCID, device key, and combined key may be kept
secure, which may help prevent users from being able to generate counterfeit
UCIDs,
device keys, and combined keys. In addition, reverse engineering of the UCID,
device key, and combined key and/or the algorithm for producing the UCID,
device
key, and combined key may be further prevented by using less than all of the
user
information received from the user device 705 and/or randomly selecting some
of the
data items to be used in generating the UCID and by encrypting the UCID before
sending the UCID to the user device 705.
The UCID, device key, combined key, and/or additional machine specific
information, along with the other user information, is stored 740 in the
central
database 720. The UCID, device key, and/or combined key are also encrypted
(step
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742), and the encrypted UCID, device key, and/or combined key are transmitted
744
to the user device 705, which stores 746 the encrypted UCID, device key,
and/or
combined key in the BIOS 710. The keys may be split into parts and the
different
parts of the keys may be stored at separate locations in the BIOS. The UCID,
device
key, and/or combined key may represent a public key that subsequently may be
used
to encrypt messages between a client machine and the central server. A local
license
database is created on the user device 705 (step 748). For example, a portion
of the
Solution Software code is run to create an encrypted license database on the
user
device 705. By encrypting the database and/or the information stored in the
database,
it is possible to prevent the information contained in the database from being
readable
unless the appropriate keys are used. Generally, the license database is
created on a
hard drive of the user device 705 with a location pointer stored in the BIOS
710, but
the license database may also be created in the BIOS 710. The encrypted UCID
and
the device key and/or combined key, which may include one or more location
pointers, are written to the BIOS using an industry standard process, such as
Desktop
Management Interface (DMI), for storing extended data structures.
Consumers often have multiple devices and want to be able to use licensed
files on the various devices. In some situations, therefore, the process 700
may be
initiated on a new device but by a user who already has a UCID. Based on the
UCID,
2o a user name and password, and/or other identifying information, the central
server 715
may determine that the user is already known during the search 736. The user
may
still be able to install the Solution Software on other devices and login with
his/her
user name and password. The central server 715 may generate a new device key
without having to generate a new UCID (at step 738) and update the combined
key
with the new device information. Thus, the combined key may include the UCID
along with device specific information (e.g., specific device keys) for all
devices
owned or used by the user.
When the combined key is received by the central database, the combined key
may be unencrypted by the central server to identify the user (using the UCID
portion
of the combined key) and to determine whether the user device is a new device
or a
known device for the user (using the device specific information contained in
the
combined key). If the device is a new device, the new device may be added to
the list
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of known devices for the registered user, and the device can then use data
files based
on license permissions for the individual files (e.g., the number of different
devices on
which a media file may be used without purchasing an additional license). The
UCID
and/or the updated combined key (as well as a new device key) may also be
added to
the BIOS of the new device so that the device may be associated with the
specific
user. The UCID and/or the updated combined key may also be added to the BIOS
of
the user's other devices the next time those devices connect to the central
server. A
specific device may also be associated with multiple users, in which case each
user
may have a separate license database and the separate license databases may be
distinguished using a user name and password. Additionally, a device without
the
Solution Software but that is authorized to communicate with a license library
in the
local database or the central database 720 could be permitted to use licensed
files
based on the license information located in the license library.
In some situations, users may be permitted to access licensed files on a
temporary basis using, for example, borrowed devices. For instance, a user may
want
to listen to a music file while at a friend's house. In such a case, the
device may be
temporarily added as an additional device (e.g., with an expiration
date/time), the file
may be granted a temporary license on the device, or the file may be provided
to the
device in a streaming format. To prevent users from allowing others to access
their
licenses, however, users may be limited to one concurrent login at a time
and/or such
temporary licenses may be granted for a limited time or to only one device at
a time.
FIG. 8 is a signaling and flow diagram of a process 800 for accessing a media
file in a case where a user already has a license for the media file. The
process 800
involves operations on and communications between a user device 805, a BIOS
810
for the user device 805, a local database 815, a central server 820, and a
central
database 825. The user device 805 receives a wrapped file as in step 715 of
FIG 7.
When the user attempts to open the wrapped file, executable wrapper code is
run on
the user device 805 (step 830). The executable code may cause the user device
805 to
first check for a valid installation of the Solution Software (step 835).
Assuming a
valid installation is found, the executable code may cause the user device 805
to
check for a valid UCID, device key, and/or combined key in the BIOS 810 (step
840),
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which may involve a memory read of the DMI tables where the key is written
when
the Solution Software is installed.
If a valid UCID, device key, and/or combined key are found, the Solution
Software on the user device 805 may check for a license to the wrapped file in
the
local database 815 by sending a file license request 842. This search may be
conducted by identifying the media file's UFID, which is contained in the
digital
wrapper, and trying to locate the UFID in the local database 815. The local
database
815 may be unlocked by comparing unique machine information from one or more
keys stored in the BIOS with the actual unique machine information. If the
information matches, the Solution Software can then decrypt the local database
to
read license information. If the information does not match, the keys may be
designed such that an attempt to decrypt the local database will be
unsuccessful (e.g.,
to thwart unauthorized copying of the license database to a different device),
in which
case it may be necessary to contact the central server 820 to obtain
authorization or to
register the user device 805 (see FIG. 7). Decrypting the local database 825
and/or the
license information contained in the local database 825 may be performed using
a
digital key stored in the BIOS to unlock the local database 825 or its
content.
Assuming the local database 825 is successfully decrypted, a response 844
containing the necessary license information or an indication that the file is
not
currently licensed on the user device 805 is returned to the user device 805.
If the
license information is returned, access to the file may be allowed (step 885).
Otherwise, it may be necessary to access the central database 825 to determine
if the
user device 805 is an authorized device and/or to determine if a valid license
exists.
Each time the central server 820 and/or central database are accessed, it may
be
necessary to test the keys stored on the user device against information
stored in the
central database 825 to ensure that the communication involves a valid,
authorized
user device 805. The following steps describe testing of a combined key.
Although a
combined key may be used, other implementations may use a UCID, a device key,
and/or other information. If a combined key is found in the BIOS 810, the
found key
is sent 845 to the central server 820 for verification along with additional
machine
specific information (i.e., the information or some of the information
originally used
to generate the combined key). The central server 820 decrypts the received
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combined key to retrieve the UCID (step 850) and embedded device information.
The
central server may additionally calculate a checksum for the unencrypted
combined
key (step 855). The central server then verifies the unencrypted combined key
against
information stored in the central database (step 860). Verifying the combined
key
5 may include calculations with the checksum. If the unencrypted combined key,
UCID, and machine information match the information stored in the central
database,
an authorization 865 to proceed is sent to the user device 805 indicating a
successful
verification of the combined key. If the combined key is counterfeit or copied
from
another device, the machine specific information sent along with the combined
key
10 will not match the information contained in the unencrypted key and the
information
stored in the central server.
In response to the authorization 865, which may be used once per session
when connecting to the central database 825, the executable code causes the
user
device 805 to search the local database 815 for a license to the media file
(step 875)
15 by trying to locate the UFID for the media file in the local database 815.
In some
cases, this search may be successful even though the original search (at 842)
was not
if, for example, the key information stored locally became corrupted but is
updated
through the authorization 865. If the UFID is not found in the local database
815, the
central database 825 may be searched for the UFID. If the UFID is found in the
20 central database 825, the local database is updated 880 with the license
information.
Assuming a license is located, use of the media file is allowed (step 885).
For
example, the Solution Software may allow a media player application to access
a
requested music file. In some implementations, once a media file is allowed to
be
used on a particular user device 805, the media file is stored on the user
device 805 in
25 an unwrapped fonn. The wrapper is only reapplied by the Solution Software
when
the software detects that the media file is being copied or moved from the
user device
805 to another device or storage medium, which may be determined through
monitoring of the file I/O system as discussed above. In other
implementations, the
media file may be stored on the user device 805 in a wrapped form and may be
30 unwrapped using license information stored in the local database 815 each
time the
media file is opened.
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FIG. 9 is a signaling and flow diagram of a process 900 for accessing a media
file.in a case where a user does not have a license for the media file. The
process 900
involves operations on and communications between a user device 905, a local
database 915, a central server 920, and a central database 925. The process
900
begins with a determination that the user does not have a license for the
media file
(step 930). This determination may be the result of a failed search for a
license in step
875 of FIG. 8. In response to this determination, the user device 905 notifies
935 the
central server 920 that a license is needed. The central server 920 responds
with a
payment request 940, which is displayed on the user device 905 or the user is
directed
to a website where payment information can be obtained. The user device 905
receives payment information from the user (step 945) and sends the payment
information to the central server 920. The payment information is processed
(step
955), which may involve determining how much of the license fee is allocated
to the
content owner and/or to one or more users who have distributed the media file.
The
central database 925 is updated 960 with information indicating that the user
has a
license to the media file. The central database 925 may also be updated with
payment
allocation information. In addition, the local database 915 is updated 965
with
information indicating that the user has a license to the media file. Based on
the
updated license information, the user may be allowed to use the media file on
the user
2o device 905 (step 970).
Some devices may not be capable of communicating directly with the central
server if, for example, the devices cannot conveniently connect to the
Internet. Media
files may be transferred to such devices in a manner that prevents the media
files from
being further transferred to other devices without the wrapper. In these
situations
portions of the computer code may be installed in firmware and a small local
license
database may be installed in the device's writable memory. FIG. 10 is a
signaling and
flow diagram of a process 1000 for copying or moving a media file from a user
device
1005 to a secondary device 1010. The process 1000 involves operations on and
communications between the user device 1005, the secondary device 1010, a
local
3o database 1015, a secondary device database 1020, and a central server 1025.
The
secondary device 1010 may be, for example, a satellite connected car audio
system,
cellular phone, MP3 player, or other portable device and may connect to the
user
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device using a cable such as but not limited to an IEE 1394 firewire or USB
cable, or
could be connected via a wireless connection. A version of the Solution
Software
may be pre-installed (e.g., at the factory) on the secondary device 1010.
A request to transfer a media file is received by the user device 1005 (step
1030). In response, the user device 1005 requests 1035 a device ID from the
secondary device 1010. The secondary device responds 1040 with its device ID.
The
user device 1005 confirms that the business rules contained in the wrapper for
the
media file allow the requested transfer (step 1045). For example, the business
rules
may place a limit on the number of devices to which the media file can be
copied.
Assuming that the transfer is permitted, the wrapped media file and the
corresponding
license information may be transferred 1050 to the secondary device 1010. The
secondary device 1010 may store the license information in the secondary
device
database 1020 (step 1055). The license information, in conjunction with the
pre-
installed Solution Software, may allow the secondary device 1010 to access the
wrapped media file. In addition, the user device 1005 may update the local
license
information in the local database 1015 (step 1060). This update may store
information indicating that a copy of the media file has been transferred to
the
secondary device 1010.
Subsequently, a connection may be established 1065 between the user device
1005 and the central server 1025. This connection may be established in
response to
an attempt to access a new media file, an attempt to locate license
information, or a
requirement that the user device 1005 periodically validates the licenses
stored in the
local database 1015 to continue using the licenses. Using the connection, the
license
updates stored in the local database 1015 may be uploaded 1070 to the central
server
1025 (and stored in the central database), which allows the central server to
keep track
of the devices on which copies of the media file are located and to prevent
the media
file from being copied onto more devices than are allowed under the business
rules.
The central server 1025 may also validate 1075 the existing licenses stored in
the
local database 1015.
Techniques may also be provided for supporting the distribution of media files
from user to user and allowing users to benefit from revenues generated as a
result of
their distribution of media files to others. A user may electronically send
other
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consumers information about media files he owns or enjoys. If a sale is made
as a
result of the pass-along, the user may earn a percentage of the revenue
generated from
the sale of the media file and even subsequent sales of the media file. The
media file
wrapper can contain information identifying the original reseller and
distributor in the
event that the user received the media file from a recognized reseller and
distributor,
as well as information identifying the user who further distributes the media
file.
Based on business rules associated with the file, this information enables the
reseller
and the user to receive compensation for purchases made as the media file is
passed
along. Additionally, where a file is sent or received unwrapped, a referring
user,
reseller, and distributor can still be compensated as long as their unique
identification
is included with the transaction data. For example, it may be possible for a
purchaser
to identify a referring user, in which case the central server may determine
how the
referring user received the file and reconstruct the distribution chain,
including
identifying who should share in the revenue.
Business rules can determine if a user that has not licensed the media file
can
still profit from redistribution of the media file. For example, a user may
house files
on a server, acting as a redistribution point, and may be paid a pass-along
participation
fee, even though the user does not own a license for the files he/she is
distributing.
When someone begins the process of sending a file to a friend, the Solution
Software creates a newly wrapped version of the media file, preparing the
media file
for the pass-along process. This new wrapper includes the UFID for the media
file,
the business rules that apply to the media file, and the UCID for the
originating user
(or users), which allows the user (or users) to be compensated when he/she
promotes
a song that is purchased by the receiving user. Reseller and Distributor ID
information can also be included in the wrapper. The Solution Software
performs this
same process when a user device is used to rip a CD or DVD. For example, when
songs on a CD are ripped onto a computer, licenses for the songs are installed
in the
license database. Subsequently, if the songs are transferred through the I/O
system for
the computer, a wrapper may be applied to the songs. The wrapper may include
licensing and payment information, which may be retrieved from the central
database
based on song identification information contained in the ripped file or based
on
identification information obtained using the file identification techniques
discussed
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above. If the songs are burned onto a CD, wrapped files may be written to the
CD.
Alternatively, the Solution Software could create a dual session CD, which
contains
the media information files, such as the UFID and the UCID with reseller and
distributor information, in the PC readable area of the CD. In a dual session
CD
format, traditional audio files could be permitted in the audio section of the
CD,
allowing the CD to be played on conventional CD players. If the files are
loaded in a
device on which the Solution Software is installed, however, the files would
require
licensing.
FIG. 11 shows a flow diagram of an illustrative process 1100 for performing a
pass-along distribution. Initially, User2 receives a media file from Userl
(step 1105).
User2 purchases a license for the media file received from Userl (step 1110).
In
connection with the payment processing, the business rules associated with the
media
file are examined (step 1115). This examination may be performed on a user
device,
at a central server, or at another location. Userl is then credited with a
commission in
an amount specified by the business rules (step 1120). The commission may be
credited to a micro-payment account managed by a central server, may be
credited to
Userl for use in future purchases of media file licenses, or may be deposited
to
User1's bank account through a micro-payment system.
Subsequently, User3 receives a media file from User2 (step 1125). User3
purchases a license for the media file received from User2 (step 1130). In
connection
with the payment processing, the business rules associated with the media file
are
again examined (step 1135). Userl and User2 are then credited with a
commission in
an amount specified by the business rules (step 1140). Accordingly, multiple
levels of
payments may be made for the distribution of the media file.
In some implementations, the central server credits and tracks all accounts
from user pass-along activity, much like a savings account. All account
holders can
track and use their funds either in payment for additional music or as a
withdrawal to
be transferred as monetary funds via electronic funds transfer (EFT) or
another
suitable method. This applies to all parties that participate in the revenue
stream
3o including users, resellers, distributors, and content managers, such as
record
companies, publishers, and artists. The number of levels of payment and the
amount
of the payment to each level is established in the creation of the UFID by the
holder
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of the ownership for the file (usually the copyright holder or publisher) and
can vary
depending on business rules.
FIG. 12 is a flow diagram of a process 1200 for wrapping a media file. The
process begins with a selection of a media file to be wrapped (step 1205).
Business
5 rules to be associated with the media file are identified (step 1210). The
business
rules may be established by the owner or publisher of the media file. The
business
rules may include payment information and information relating to limitations
on use
and copying of the media file. A UFID is generated for the media file (step
1215).
The UFID may incorporate the business rules and/or may serve as a pointer to
10 business rules that are stored in the central database. Generally, the UFID
is
associated with a particular work (e.g., a specific recording by a specific
artist)
regardless of whether a specific copy of the work is wrapped or unwrapped.
Accordingly, when file identification techniques are used to identify a media
file, a
recognized media file will have a particular UFID that corresponds to the
media file.
15 A wrapper that incorporates the UFID is then applied to the media file
(step 1220).
The wrapper generally includes an encryption of the media file, such that a
user can
only remove the wrapper with a license to the media file. Although the
Solution
Software may generally preclude moving files without the wrapper, there may be
situations in which a file may be moved without the wrapper, such as if a user
bums a
20 standard audio CD and the content of the CD is subsequently ripped into
another
computer. In the event that the file is moved without the wrapper, recognition
techniques can be used to identify the file and look up the associated UFID
and its
business rules in the central database.
The described techniques can be implemented in digital electronic circuitry,
25 integrated circuitry, or in computer hardware, firmware, software, or in
combinations
thereof. Apparatus for carrying out the techniques can be implemented in a
software
product (e.g., a computer program product) tangibly embodied in a machine-
readable
storage device for execution by a programmable processor; and processing
operations
can be performed by a programmable processor executing a program of
instructions to
30 perform the described functions by operating on input data and generating
output.
The techniques can be implemented advantageously in one or more software
programs that are executable on a programmable system including at least one
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programmable processor coupled to receive data and instructions from, and to
transmit data and instructions to, a data storage system, at least one input
device, and
at least one output device. Each software program can be implemented in a high-
level
procedural or object-oriented programming language, or in assembly or machine
language if desired; and in any case, the language can be a compiled or
interpreted
language.
Suitable processors include, by way of example, both general and special
purpose microprocessors. Generally, a processor will receive instructions and
data
from a read-only memory, a random access memory and/or a machine-readable
signal
(e.g., a digital signal received through a network connection). Generally, a
computer
will include one or more mass storage devices for storing data files; such
devices
include magnetic disks, such as internal hard disks and removable disks,
magneto-
optical disks, and optical disks. Storage devices suitable for tangibly
embodying
software program instructions and data include all forms of non-volatile
memory,
including by way of example semiconductor memory devices, such as EPROM
(electrically programmable read-only memory), EEPROM (electrically erasable
programmable read-only memory), and flash memory devices; magnetic disks such
as
internal hard disks and removable disks; magneto-optical disks; and CD-ROM
disks.
Any of the foregoing can be supplemented by, or incorporated in, ASICs
(application-
specific integrated circuits).
In some implementations, the user device on which a file is displayed, played,
or otherwise delivered to the user may not have a local storage medium or
memory
that is capable of or sufficient to store the Solution Software and/or the
local license
database. In such a case, the file may be streamed to, or otherwise
temporarily stored
on, the user device. Accordingly, the processor or processors on which the
Solution
Software is run, and thus that control access to the file, may be located
remotely.
Such remote processors may serve as proxies for user devices that cannot store
information locally.
To provide for interaction with a user, the techniques can be implemented on a
computer system having a display device such as a monitor or LCD (liquid
crystal
display) screen for displaying information to the user and a keyboard and a
pointing
device such as a mouse or a trackball by which the user can provide input to
the
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computer system or a system which enables input and presents information via
voice,
symbols, or other means such as a Braille input and output system. The
computer
system can be programmed to provide a graphical user interface through which
computer programs interact with users. With new technologies such as voice
input
and output, it is not a requirement to have a visual display to implement the
described
techniques.
A number of implementations have been described. Nevertheless, it will be
understood that various modifications may be made. For example, the steps in
the
processes illustrated in FIGS. 2A-C, 4-12 may be rearranged and/or certain
steps may
be omitted. Accordingly, other implementations are within the scope of the
following
claims.
