Patent Application
20090271318
The invention relates to licensing of digital data which is broadcast and/or performed in public.
The inventor is aware that presently copyright royalty losses are incurred due to unauthorised copying of data, such as music, videos, computer programs, and the like.
This copying usually takes the form of one or more unauthorised copies being made from an original or authorised copy.
The copying can also take the form of illicit recording of broadcasts and/or public performances.
The inventor is further aware that a need exists for a system which would simply allow a listener to a broadcast or public performance to legally obtain the data being broadcast and/or performed.
In U.S. Pat. No. 6,799,084 to Grobler, there is disclosed a data vending system including the storing of data such as digitised music and/or video and/or computer programs on one or more main computer i.e. the data depot and dispensing the data to a uniquely identifiable data carrier. The data on the data depot includes a database which maintains owner and/or possessor records for each said data carrier, the data being selected from the group including ownership or possession history of the data carrier, personal details of the past and present owner and/or possessor of the data carrier, demographic data about the user/owner of the data carrier, data recorded onto the data carrier at an authorised data dispensing device (either cumulatively or periodically, by title, by artist, etc), data rented and the rental period (either cumulatively or periodically, by title, by artist, etc), the user's normal requirements, the user's payment records, royalties paid to the copyright owner by the user, and favorite data of the user. This disclosure does not provide a solution to the above problems although it provides a convenient store for data once legally obtained.
Thus, according to a first aspect of the invention, there is provided a method for securing ownership of data and/or performances which are broadcast and/or performed in public, said method including:
The identified identifier may be catalogued in relation to the data carrier.
The identifier may be used to select specific portions of the broadcast and/or performance which a user of the data carrier desires to legitimately obtain.
The user may either immediately download the selected portions or queue these portions for later download.
The system may include:
The identifier may be an encrypted key.
The identifier may include a catalogue number, a source identifier, a cost label, and/or information usually associated with barcoding of tangible goods.
The interrogation may include attempting to decrypt any unrecognized data.
Where decryption fails, data format cannot be recognized, or there is restriction of access to the data on the carrier device, responding with one of the predetermined actions as if an illicit identifier had been recognized or any other predetermined action.
Where the identifier is read and decrypted and the data or performance is found to be authorized the data may be used normally.
Where the identifier is either not recognized or recognized to be illicit then the data carrier may be locked and require a corrective action to be taken selected from the group including, but not limited to, legalizing the data by paying for it, paying a fine, deleting the unauthorized data, deleting the entire content of the data carrier, deactivating the data carrier, and the like.
The method may include receiving the digital content carrying signal.
The method may include identifying the location at which the signal is received before permitting the data to be saved to the data carrier.
Thus, only a data carrier and/or a receiver at an authorized location may be authorized to access content.
According to a further aspect of the invention, there is provided a method for obtaining content from a broadcast or a performance, said method including:
The method may include processing payment for the marked and/or downloaded data.
The payment may be in more than one stage, the first stage for marking and recording the selection to an inventory associated with a particular data carrier, and one or more further stages associated with the downloading and/or use of the data.
The invention extends to a data carrier of the type described in U.S. Pat. No. 6,799,084, said data carrier further including:
The data carrier may include decryption means for decrypting an encrypted identifier.
The data carrier may include actuation means for permitting a user to mark a particular data set or performance having a recognized identifier for immediate or future download. The actuation means may be a soft key associated with a display.
The data carrier may include payment means to enable payment for marked or downloaded data to be made.
The invention extends further to a broadcaster royalty control system, said system including:
The system also provides for a radio station choosing the song (item) to be played i.e. broadcast from the menu on its broadcasting carrier. As such item (being it a song, advertisement or other catalogued and identifiable content) is broadcast, the broadcasting carrier will log such item as having been broadcast with relevant supporting detail (such as date and time references) for the purpose of tallying and control.
An item may be tallied (counted) upon either partial or complete broadcast thereof.
In the case of advertisements, the advertiser wants to pay for the broadcasting of the complete item, but with music even a part of it warrants payment. This may be managed by a digital start-, intermediate- and end-signal value which can be triggered/chosen through pre-settings as needed.
Royalties for the music played by the radio station, in relation to the radio station's license fee, may thus be allocated and distributed accurately in real time, based on the monthly or other periodic reports which is supplied to a licensing body.
Advertising may be managed and controlled in terms of time or incidences over the air.
Each advertisement may thus also be uniquely catalogued and identified by a unique identifier.
As music or other protected content (under copyright) is broadcast, the item's unique catalogue number and RF-identification may be broadcast as well, but at a frequency which is inaudible to the human ear.
The listener may access the catalogue reference of this item through an adapted receiver, such as a car radio or tuner, and can store this item on a unique user data carrier as a potential purchase on a storable shopping list.
Alternatively the user may order the purchase of this item from the vendor, which may be a radio station in this case.
The data repository may receive the user's order via the radio station (vendor), which receives a potential commission on the sale.
After the transaction has been verified as being in line with the controls of the process, as envisaged in U.S. Pat. No. 6,799,084, and payment for this item has been effected, the repository will allow the specific user data carrier to download or stream the permanently or temporarily purchased digital content to that specific user data carrier in a uniquely encrypted format.
As a consequence of the above system, the repository may warn the user data carrier of illegal content i.e. unauthorized content stored thereon or that a specific item has already been purchased previously, to name but two issues.
The method may include receiving the digital content carrying signal.
The method may include identifying the location at which the signal is received before permitting the data to be saved to the data carrier.
The method may include identifying the location of the data carrier on which the digital content is to be stored. This may form part of the authorization process.
The digital content may include meta-data.
The meta-data may be embedded in the digital content.
Identifying the location at which the signal is received may include GPS methods, internet address methods, mobile telephony methods, or any other suitable method.
The invention extends to a broadcast system for a hot-spot, being a special zone within which a broadcast signal is receivable, which hot-spot system includes:
The user may select digital content for immediate purchase and/or download, or capture the unique identifier of desired digital content for later purchase and/or download.
The hot-spots may be located in restaurants, shopping malls, airplanes, ships, busses, trains, airports, bus stations, and any other such place.
Wherein the geographical locking includes pre-determining boundaries of an authorized geographical location within which the hot-spot data carrier operates using GPS co-ordinates, IP address, or triangulation position and preventing the hot-spot data carrier from fully functioning outside these boundaries.
The invention extends further to a management system of copyright of performed content which is performed live, said system including:
The invention is relevant to all forms of digital content including music, video, software for gaming computers and consoles, computer software, reprography, and the like.
Although the invention is not limited to any specific embodiments, the inventor presently foresees at least the following uses for the invention which are also shown graphically in the attached schematic representations. These embodiments form an integral part of the disclosure of the invention in this specification and are intended to convey general concepts rather than specific details.
It follows then that:
This refers to the operational application of the envisaged process at establishments such as discotheques, shopping malls, clubs, restaurants, sport stadiums and other places frequented by patrons.
This refers to live music shows, comical shows, cinema etc where the possibility exists that someone in the audience can copy the content which is supposed to be copyright protected. (bootlegging)
It is expected that users will soon utilise different models of universal portable “user carriers” as envisaged in U.S. Pat. No. 6,799,084. This will typically be a unique unit which is a combination of a cellular phone, camera, GPS, radio (RF-receiver), music player, video player, TV-receiver, game station and computer. It follows logically that user would want to carry only one device through which they can access all digital content to which they have legal access. The access will probably be managed by various processes and controls applied by a federal repository (virtual digital library).
It follows that the user would have the need to link or “pair” the above mentioned device (user data carrier”) to various linked systems in various environments. The process thus relates to a potentially shared environment where more than one “user carrier” can access various broadcasted digital items by pairing to an “adapted receiver”. The typical environments include:
In addition it is also envisaged that all broadcasted multi-media content also be tallied as is discussed earlier.
4.1. Home Entertainment
In the home environment, the “general receiver” will be able to access a range of broadcasted, downloaded or streamed items (digital content). In simplicity, the existing “DVR” decoder unit utilised by Multichoice's DSTV in South Africa or the “Cable-TV” decoder units utilised in other countries are adapted to receive encoded and encrypted digital content.
Currently encoded content is received by such units and such content can be recorded and copied, which poses open risk to piracy of intellectual property. The idea is that the certain protected digital content should be decoded or decrypted only when the specific “user data carrier” which has legal access to such content, is “paired” to it. Such pairing can be managed by GPS application on both units. In addition the receiving unit should be equipped with coded access (PIN) in order to limit pairing with “user data carriers” to authorised users only.
The GPS application and coded access (PIN) of the receiver prevents it from being utilised when stolen (it is operative to a specific geographic address and authorised user only) and the GPS application of the “user data carrier” limits illegal distribution of content authorised to that specific “user data carrier”.
It is envisaged that the receiver will form part of an integrated system, potentially including various linked or paired TV's (or screens), amplifiers, graphic equalizers, speakers, PC's, laptops, play-stations or any similar equipment. Depending on the specific system's available peripherals, any paired “user data carrier” can therefore access any authorised content from a broadcaster or the repository (envisaged in U.S. Pat. No. 6,799,084). The potential memory capacity of the system can therefore be utilised by a number of “user data carriers”, although the content can only be decrypted by the specific “user data carrier” which has authority to do so. The adapted receiver (decoder) of digital content (being broadcasted, cabled, downloaded or streamed) thus acts as a receiver and potentially an auxiliary (extended) memory for user data carrier(s) paired to it. It follows then that various users can link or pair their “user data carriers” to such decoding receiver which provides potential connectivity to the whole system at that address.
4.2. Broadcasting
A broadcaster (by cable, satellite transmission or other means) can broadcast protected content” in a coded and/or encrypted format with a “signature” as mentioned earlier. The protected data broadcasted can therefore be a “package” with a specific content which is accompanied by “*meta-data” (see at bottom) which may include various fields of information, similar to the “digital package” which is disbursed by the repository envisaged in U.S. Pat. No. 6,799,084.
If certain content is “open” the user can record or even copy it and can potentially commit piracy on it. If on the other hand, limited use is permitted, a date and time stamp can allow decoding/decrypting for a specific period only. Or, as envisaged earlier, such content can be purchased by the user, by procuring the digital item for a specific “user data carrier”.
Typically then, a broadcaster can broadcast movies, news, music, etc. to a decoder for “real-time” or temporary use (limited time). If the user should record such content, the access to it is potentially restricted to a specified time period.
The broadcaster can now offer a menu of additional digital items (such newly released movies, games, etc) which can be procured for a specific “user data carrier”. It follows then that if a user wants to see a movie which is not on the normal menu/bouquet of the broadcaster, he can rent/buy it, for the exclusive use of his specific “user data carrier”.
It follows thus, that the request for the specific digital item chosen by a user or “owner” of a “user data carrier” is then procured from the “digital repository” as envisaged in U.S. Pat. No. 6,799,084 and that the multimedia broadcaster can then potentially receive a commission on it. It is obvious then that the multimedia broadcaster will become a vendor of movies (replacing video/DVD/Blue Ray/iVDR or similar outlets), video-games and even certain software.
Although the “user data carrier” may have been able to accommodate all the above directly, the “home receiver” is a useful piece of equipment, since it is already connected with TV's, screens, PC's laptops, speakers, etc in the home environment and provides entertainment for the whole family. The “home receiver” can also provide additional memory capacity for all the linked or paired “user data carriers”.
The “home receiver” is envisaged to become the central receiver, distributor and memory/storage device in the residential environment. It will only decrypt protected content which is authorised for “user data carriers” which are linked or paired to it.
It follows that it is envisaged that existing decoders for Cable-TV, Satellite-TV etc. will evolve to become universal “Receiving devices”.
Such a “home receiving device” can therefore also be utilised in guest houses, hotels, etc.
If the user of a “user data carrier” is then able to link or pair to a “receiver” in a car or a home, he can access digital content which is authorised for that specific “user data carrier”. This will enable a user to listen to his music collection in a rented car, or a car of a friend and will give him access to his movie collection, games or even software when linked to an “adapted decoding/decrypting receiver” when his “user data carrier” is paired to such device. Although the “user data carrier” provides access in itself, it thus also becomes the “key” through which access can be accomplished through installed systems with bigger screens, keyboards, speakers, etc.
4.3. Office Environment
Most offices have computer servers, connected to various “work-stations” and in many cases the boardroom has a decoder connected to a TV or screen. It is envisaged that similar to the home environment, the office environment will also provide a central “decoding/decrypting receiver” which device can receive and store digital content which can be accessed only by those “user data carriers” which are authorised to do so.
Since it is expected that digital content will be categorized by the “repository” as envisaged in U.S. Pat. No. 6,799,084 the office will be able to allow only certain categories, if it so wishes. In this way it can prevent employees from access to games, pornography, etc.
It will be ideal to carry all software utilised within that closed environment on such a device, since the number of users, the geographic location, etc can be managed and controlled in this manner. Again access (also to the software) is limited to “user data carriers” with due authority, which are paired to the system.
It follows then that the envisaged “decoding/decrypting receiver” can harbour digital content which is inaccessible or unreadable unless linked or paired with a “user data carrier” with authority to do so!
The mentioned receiver will obviously have the means to erase all data on memory which was dedicated to a specific “user data carrier”. If a user leaves the employ of an employer, they can merely erase his authority to link or pair with the device and erase any data he had in memory.
Software houses can now very easily police the number of users of their software at any point in time by on-line access to the user-records of the system.
Introduction:
The data depot i.e. a global content digital library that is interlinked from country to country that will ultimately represent one large federated repository. This repository will be used to source digital data from all relevant data owners and suppliers, index, catalogue and store the digital data content.
The data vendor content digital library is a subset of the federated repository that will be located at local data vending outlets. These outlets will serve as physical data outlets or as online data vending service providers, distributing digital data to registered carrier devices.
Management data containing history of carrier transactional data, royalty payments, and commissions to vendors will be captured and stored at the federated data repositories. These data will be available to all accredited data vending service providers and relevant data owners and suppliers.
Current proven best practices e.g. ITIL for hosting, maintaining, safeguarding and managing (housekeeping) data will be used for these data stores.
International standards for disaster recovery and business continuity will be designed, tested, implemented and regularly audited against quality assurance standards like O.S.K.
The envisaged data libraries will consist of the following as a basis to source, index, catalogue, store, and distribute digital data content namely:
The data in the data vending concept can be provided in any digital format. For indexing and cataloguing of the data any number of metadata attributes can be added to describe the specific data item.
Embedded in the data a digital signature must be added to uniquely identify the specific data item together with the data carrier that purchased the digital data content and the purchase details of the digital data.
For example:
Embedded data signature=Carrier ID+Digital Data Code+Transaction Code
This unique signature will be stored on the Global Repository for each transaction to allow the data vending system to monitor if any foreign data was allowed on the data carrier and to take the necessary steps in such case.
The specifications for the use of public and private keys are well known and together with a number of available technologies the embedded signature can be achieved with minimal effort.
Introduction:
The typical carrier will be close to what is already available on the market today in the form of new generation cellular phones. Already embedded features include data input lay-out keyboards, SVGA Screens, Large Memory Capacity, USB Connectivity, Multi-media features, GPS, and other.
Typically a Data Carrier should have the following as a basis to operate on the Data Vending System, namely:
The Permanent Storage will have inter-connectivity through the Carrier Device to other Storage Devices, (e.g. Removable HDD) Access to this device will only be possible through the specific Data Carrier Device that will be recognised, paired and authenticated through the Data Vending Solution. This will be identified by the Data Vending Solution as merely a pre-registered extension of the Data Carrier Device.
Data sourcing can be done to any open standards database and data repository. The workflow below illustrates the necessary steps to source digital data effectively.
| Number | Date | Country | Kind |
|---|---|---|---|
| 2006/7188 | Aug 2006 | ZA | national |
| Filing Document | Filing Date | Country | Kind | 371c Date |
|---|---|---|---|---|
| PCT/ZA07/00054 | 8/28/2007 | WO | 00 | 2/27/2009 |
