U.S. patent application number 10/999394 was filed with the patent office on 2005-05-05 for digital work identification and licensing method.
Invention is credited to Shuster, Gary Stephen.
Application Number | 20050097059 10/999394 |
Document ID | / |
Family ID | 33455984 |
Filed Date | 2005-05-05 |
United States Patent
Application |
20050097059 |
Kind Code |
A1 |
Shuster, Gary Stephen |
May 5, 2005 |
Digital work identification and licensing method
Abstract
A method and system are provided for facilitating the purchase
of a license for a downloaded file of a copyrighted work. In one
embodiment, a method for licensing a digital copy of a copyrighted
work includes determining an identity of the digital copy by using
at least one computer program, calculating a fee for a license for
the digital copy by the at least one computer program. The step of
calculating includes the step of measuring at least one metric of
the digital copy. A license is then provided for the copy after
receiving payment of the fee.
Inventors: |
Shuster, Gary Stephen;
(Oakland, CA) |
Correspondence
Address: |
Brian M. Berliner
O'MELVENY & MYERS LLP
400 South Hope Street
Los Angeles
CA
90071-2899
US
|
Family ID: |
33455984 |
Appl. No.: |
10/999394 |
Filed: |
November 29, 2004 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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10999394 |
Nov 29, 2004 |
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09696904 |
Oct 26, 2000 |
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6826546 |
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60225886 |
Aug 17, 2000 |
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Current U.S.
Class: |
705/59 |
Current CPC
Class: |
G06Q 30/06 20130101 |
Class at
Publication: |
705/059 |
International
Class: |
G06F 017/60 |
Claims
1-28. (canceled)
29. A method for identifying an unidentified digital work on a
remote client of a wide area network, the method comprising:
distributing an application from a host to a remote client, the
application operable to scan files on a storage media operated by
the remote client, to read a predetermined portion of each file,
and to calculate a checksum value for each file, the checksum value
determined by each corresponding predetermined file portion;
receiving the checksum value from the remote client for each of at
least selected ones of the files; comparing each checksum value
against a database of checksum values each associated with an
identifier for a digital copy of a known work; and providing data
identifying at least one file on the remote client for which a
checksum value has been calculated that matches a record in the
database of checksum values.
30. The method of claim 29, wherein the comparing step further
comprises comparing against a database indicating whether each
known work is copyrighted.
31. The method of claim 30, wherein the comparing step further
comprises comparing against a database indicating whether a license
is available for each copyrighted work.
32. The method of claim 30, further comprising notifying the remote
client that at least one of the files scanned by the application
has been associated with a copyrighted work.
33. The method of claim 32, wherein the distributing step further
comprises distributing the application comprising a function of
determining whether each scanned file is marked as authorized by a
copyright holder for storage on the storage media.
34. The method of claim 29, further comprising notifying the remote
client that at least one file scanned by the application is an
unauthorized copy of a copyrighted work.
35. The method of claim 34, further comprising inviting the remote
client to acquire a license for the unauthorized copy.
36. The method of claim 34, further comprising determining a fee
for obtaining a license for the unauthorized copy based at least in
part on a measured quality of the unauthorized copy.
37. The method of claim 34, further comprising electronically
collecting a licensing fee for the unauthorized copy from the
remote client.
38. The method of claim 29, further comprising instructing the
application to calculate a second checksum for a selected file,
wherein the second checksum is to be determined by a substantially
larger portion of the selected file than the checksum value for the
selected file received in the receiving step.
39. A system for identifying an unidentified digital work on a
remote client of a wide area network, the system comprising: an
application in a memory connected to a network-connected host, the
application configured for distributing to a remote client and
operable to scan files on a storage media operated by the remote
client, to read a predetermined portion of each file, and to
calculate a checksum value for each file, the checksum value
determined by each corresponding predetermined file portion; and
further software operable by the host in cooperation with instances
of the application on remote clients to perform the functions of:
receiving the checksum value from the remote client for each of at
least selected ones of the files; comparing each checksum value
against a database of checksum values each associated with an
identifier for a digital copy of a known work; and providing data
identifying at least one file on the remote client for which a
checksum value has been calculated that matches a record in the
database of checksum values.
40. The system of claim 39, wherein the comparing function further
comprises comparing against a database indicating whether each
known work is copyrighted.
41. The system of claim 40, wherein the comparing function further
comprises comparing against a database indicating whether a license
is available for each copyrighted work.
42. The system of claim 40, wherein the further software further
comprises a function for notifying the remote client that at least
one of the files scanned by the application has been associated
with a copyrighted work.
43. The system of claim 42, wherein the application further
comprises a function of determining whether each scanned file is
marked as authorized by a copyright holder for storage on the
storage media.
44. The system of claim 39, wherein the further software further
comprises a function for notifying the remote client that at least
one file scanned by the application is an unauthorized copy of a
copyrighted work.
45. The system of claim 44, wherein the further software further
comprises a function for inviting the remote client to acquire a
license for the unauthorized copy.
46. The system of claim 44, wherein the further software further
comprises a function for determining a fee for obtaining a license
for the unauthorized copy based at least in part on a measured
quality of the unauthorized copy.
47. The system of claim 44, wherein the further software further
comprises a function for electronically collecting a licensing fee
for the unauthorized copy from the remote client.
48. The system of claim 39, wherein the further software further
comprises a function for instructing the application to calculate a
second checksum for a selected file, wherein the second checksum is
to be determined by a substantially larger portion of the selected
file than the checksum value for the selected file received by the
receiving function of the further instructions.
Description
CROSS-REFERENCE TO RELATED APPLICATION
[0001] This application claims priority pursuant to 35 U.S.C.
.sctn. 119(e) to U.S. Provisional Application No. 60/225,886, filed
Aug. 17, 2000, which application is specifically incorporated
herein, in its entirety, by reference.
COPYRIGHT NOTICE
[0002] This patent document contains material subject to copyright
protection. The copyright owner, Ideaflood, Inc., has no objection
to the reproduction of this patent document or any related
materials, as they appear in the files of the Patent and Trademark
Office of the United States or any other country, but otherwise
reserves all rights whatsoever.
BACKGROUND OF THE INVENTION
[0003] 1. Field of the Invention
[0004] The present invention is directed to a method and system for
facilitating the purchase of a copyright license for an
unauthorized copy of a copyrighted work.
[0005] 2. Description of Related Art
[0006] The Internet is a worldwide system of computer networks--a
network of networks in which users at any one computer may get
information from any other computer. The use of public and shared
computing environments has proliferated due to the popularity of
the Internet. And, numerous applications exist whereby music,
movies, software, and other types of copyright protected works in
the form of digital files may be distributed over the Internet.
[0007] In some cases, the protected works may be distributed using
a centralized file sharing system, such as Napster. Napster is an
application that allows users to easily search for and download
their favorite music in the form of MP3 music files. Specifically,
to search and download an MP3 music file, the user simply types in
the name of an artist or song at the Napster.com website. The
website then delivers a list of matching MP3 music files that are
located on other users' computers. The user is then able to
download a selected MP3 file by highlighting the particular file
and clicking the "download" button. After completion of the
download, the user is able to play the music on a computer or
portable MP3 player. In view of the ability to download MP3 music
files for free, many users opt to not purchase a copy of the music
in CD or cassette tape format from an authorized retailer.
[0008] In other cases, copyrighted works may be distributed using a
decentralized file sharing system, such as Gnutella. Gnutella makes
it possible to search and download almost any type of copyrighted
work that is in the form of digital files from any other Gnutella
user. Gnutella does this without the need to use a central website
like Napster. Note that Gnutella users can search for and exchange
any type of digital file, not just MP3 music files as with Napster.
Whichever system is used, the Intemet allows consumers to share and
download copyrighted works for free, and almost without
technological limits.
[0009] The distribution system described above provides many
advantages and disadvantages for consumers and copyright owners.
The advantages include distribution of copyrighted works to a vast
audience at no cost or relatively little cost to the copyright
owner. The copyrighted works may also be distributed quicker than
through traditional channels. Further, the works may be made
available in different formats, and the system may allow consumers
to sample the work before committing to purchase the work.
[0010] However, the above distribution system is economically
harmful to copyright owners since the copyrighted works are being
distributed for free so that copyright owners suffer loss of
revenues. Consumers are also hurt because the downloading of
copyrighted works is illegal and immoral so that consumers suffer
from a guilty conscience and the possibility of criminal and civil
sanctions.
[0011] In order to eliminate the disadvantages of the
above-described distribution system, some have proposed to increase
enforcement of the copyright laws. Today's enforcement activities
are mostly directed to shutting down website operators that
contribute to copyright infringement by consumers. If a centralized
file sharing system such as Napster is shut down, then consumers
are prevented from making illegal downloads. With the advent of
decentralized distribution systems such as Gnutella, however, there
are no website operators to shut down so that consumers are not
prevented from making illegal downloads. To effectively deter
illegal downloading, consumers themselves must be prosecuted; but
to track, investigate, and prosecute each individual case of
illegal downloading on a network such as the Internet is not
feasible.
[0012] Thus, it would be desirable to provide a method and system
that realizes the advantages of a costless distribution system, and
which also promotes compliance with the copyright laws.
SUMMARY OF THE INVENTION
[0013] In accordance with the teachings of the present invention, a
method and system are provided for facilitating the purchase of a
license for a downloaded file of a copyrighted work. In one
embodiment, a method for licensing a digital copy of a copyrighted
work includes determining an identity of the digital copy by using
at least one computer program, and calculating a fee for a license
for the digital copy by the at least one computer program. The step
of calculating includes the step of measuring at least one metric
of the digital copy. A license is then provided for the copy after
receiving payment of the fee.
[0014] In another embodiment of the present invention, a computer
program is used for licensing a digital copy of a copyrighted work,
with the at least one computer program being executable by a
processor. The program includes the steps of determining an
identity of the digital copy, and calculating a price of a license
for the digital copy. The calculating step includes the step of
measuring at least one metric of the digital copy. A license is
then provided for the copy after receiving payment of the fee.
[0015] In another embodiment of the invention, a web host for
licensing a digital copy of a copyrighted work includes a web
server, and a storage medium accessible by the web server. The
storage medium includes a database, and the database includes at
least one of known checksums or other unique characteristics of
copyrighted works and reference codes for identifying copyrighted
works. Also included is a computer program that performs various
licensing functions including identifying the digital copy and
calculating a fee for a license for the digital copy based on
various metrics of the digital copy.
[0016] In another embodiment of the invention, a method for
licensing a digital copy of a copyrighted work includes the steps
of allowing inputting of information relevant to pricing of a
license for the digital copy, and calculating a fee for a license
for the digital copy based on the relevant information. A license
is then provided for the digital copy after receiving payment of
the fee.
[0017] According to the present invention, when a consumer has
downloaded a copy of a copyrighted work from the Intemet, the
consumer can conveniently purchase a license for the downloaded
copy. The invention takes advantage of the costless distribution
system already in place over the Internet to provide a valid
license at reduced fees as compared to purchasing a copy of the
copyrighted work through traditional distribution channels. The
consumer benefits from the costless distribution system since no
middleman fees are passed on to the consumer. The consumer also
enjoys the ability to freely choose a distribution system, even
systems so novel or secret that they are, at the time of use,
unknown to the copyright holder. Further, the consumer is provided
a mechanism for complying with the copyright laws so that anxiety
and guilt over breaking the law and acting immorally can be
assuaged.
[0018] Another element of the present invention requires that the
consumer report the method by which the work was acquired so as to
allow the copyright holders to track down infringers. Consumers may
then be rewarded with a free upgrade or paid upgrade.
[0019] A more complete understanding of the present invention will
be afforded to those skilled in the art, as well as a realization
of additional advantages and objects thereof, by a consideration of
the following detailed description of the preferred embodiment.
Reference will be made to the appended sheets of drawings, which
will first be described briefly.
BRIEF DESCRIPTION OF THE DRAWINGS
[0020] FIG. 1 is a flow chart showing the steps to purchasing a
license for an unauthorized digital copy of a copyrighted work
according to an embodiment of the invention;
[0021] FIG. 2 is a block diagram of a wide area network for
downloading the conscienceware program and for purchasing a license
according to an embodiment of the invention; and
[0022] FIG. 3 is a flow chart showing the steps to upgrading an
already downloaded copy according to an embodiment of the
invention.
DETAILED DESCRIPTION OF PREFERRED EMBODIMENTS
[0023] The present invention facilitates the purchase of a license
for an unauthorized copy of a copyrighted work so as to take
advantage of the distribution system that is already in place using
the Internet. Specifically, the invention allows consumers to
obtain a license for an unauthorized copy of a copyrighted work
that was downloaded from the Internet. Note that the unauthorized
copy is a digital copy of a copyrighted work such as a computer
program, music, movie, and the like.
[0024] FIG. 1 is a flow chart showing the steps to purchasing a
license for an unauthorized digital copy of a copyrighted work
according to an embodiment of the invention. At step 100, a
consumer downloads a digital copy of a copyrighted work. The
consumer may download a digital copy of a copyrighted work in any
desired manner. For example, the consumer may use an application
such as Napster or Gnutella to download the digital file onto his
computer.
[0025] After downloading the digital copy, the consumer wants to
purchase a license for the downloaded file. The consumer has many
good reasons for purchasing a copyright license. The consumer may
be a law-abiding citizen and wish to comply with the copyright
laws. The consumer may be a religious person and may wish to remain
a morally upright person. Additionally, after purchasing a license,
the consumer can register his downloaded digital file with the
copyright owner, and receive customer support. For example, if the
consumer has downloaded a copy of a computer program, then the
consumer can obtain a license and register with the copyright owner
of the computer program via the Internet or by phone. Thereafter,
the consumer is able to obtain customer support when using the
computer program. Similarly, a consumer who licenses a poorly
digitized MP3 file may be offered the option (for free or
otherwise) of downloading a higher quality version.
[0026] Since many consumers do not know certain characteristics of
a file that they are downloading, which are important for receiving
a fair price when purchasing a copyright license, a computer
program ("conscienceware program") is provided that facilitates the
transaction. FIG. 2 is a block diagram of a wide area network for
downloading the conscienceware program and for purchasing a license
according to an embodiment of the invention. FIG. 2 depicts a
client computer 10, connected via a communications network such as
the Internet 40, to a web server 22 of the authorized website 20.
Note that there may be many other computers 10 that may be
connected to the web server 22 at the same time. Also, multiple
servers 22 may service multiple client computers 10. Alternatively,
the conscienceware program could also be distributed via
publication on Gnutella, or even via inclusion in a data partition
of a music CD or a DVD.
[0027] To interactively browse the authorized website 20, the
client computer 10 runs a web browser application 12 (e.g.,
Microsoft Internet Explorer.TM. or Netscape Communicator.TM.). The
authorized website 20 includes the web server 22 that sends web
pages 26 in the form of HyperText Markup Language (HTML) documents,
which may be stored in database 24, to the client computer 10 using
the HyperText Transfer Protocol (HTTP). The server 22 includes a
processor to execute the web server software, and an operating
system program and applications programs including the
conscienceware program 27, a file identification application 28 and
a licensing program 29. The server 22 also has a memory 30
including databases 31-32 that stores data files for comparison by
the file identification application 28, and a cache memory 33. The
file identification application 28 and licensing program 29 may be
executing on the server 22, or may be executing on a separate
computer. In the present invention, the file identification
application 28 compares the files stored in databases 31-32 with
the file attribute information that is sent by the client 19
running the conscienceware program 27, as described below.
[0028] In order to download the conscienceware program 27, at step
104 the consumer accesses the authorized website by communicating
an HTTP request from the web browser 12. The HTTP request includes
the Uniform Resource Locator (URL) of the home page of the
authorized website. The HTTP request is routed to the web server 22
via the Internet 40. The web server 22 retrieves the home page
identified by the URL, and transmits the home page over the
Internet 40 to the web browser 12. The HTML document may be sent in
the form of plural message packets as defined by the Transport
Control ProtocolInternet Protocol (TCP/IP).
[0029] At the home page, a hypertext link is provided that links to
a download page of the conscienceware program 28. By clicking on
the highlighted link, the download page is retrieved by the server
22 and sent to the web browser 12. At the download page, the
consumer chooses among various platforms in order to download a
compatible version of the conscienceware program for the particular
client platform. For example, if the client computer 10 is
operating on the Windows.TM. operating system, then he selects the
Windows platform. It can also be coded in a platform-independent
language such as Java.
[0030] After the choosing the appropriate platform, at step 108 the
consumer downloads the conscienceware program to his computer by
clicking on the download button. After downloading and installing
the conscienceware program, at step 112 the conscienceware program
checks to see if the downloaded file is a usable copy. For example,
when the user selects the downloaded file for the conscienceware
program to check at step 112, the conscienceware program checks to
see if there is a valid serial number associated with the
downloaded digital file or that the encryption has been removed. If
the downloaded file is a copy of a software program, then the
program may not be usable without a valid serial number (e.g.,
Microsoft Windows 98.TM.). Similarly, a downloaded digital file of
a movie "ripped" from a DVD is checked by the conscienceware
program to make sure that the encryption has been removed.
[0031] Next, the identity of the downloaded file needs to be
determined. The identity of the downloaded file may be made using
the method disclosed in copending U.S. patent application Ser. No.
09/561,751, which is incorporated herein by reference. Any other
suitable verification technology may also be used, such as pattern
matching or digital watermarking. In addition, when the
conscienceware database is unable to identify a work, the work can
be manually reviewed and added to the database. In order for the
conscienceware program to identify the downloaded file, a
connection may need to be maintained by the client computer 10 with
the authorized website 20. Attentively, the client 10 and the
server 22 may maintain a stateless connection such that only when
the client 10 needs to send identification information to the
server 22 and download a license is the client connected to the
server.
[0032] In one embodiment, the conscienceware program samples a
portion of the downloaded file and generates a "checksum" of the
file, which is a unique number based on a range or ranges of bytes
in a file. Unlike checksums as they are traditionally used in the
computing field, the checksum described herein is not related to
the total number of bytes used to generate the number, thus
reducing a traditional problem with checksums, namely that similar
file lengths are more likely to generate the same checksum than are
dissimilar file lengths.
[0033] In a preferred embodiment of the invention, two separate
checksums are generated for a file corresponding to two different
length portions of the file. While it is possible that the first
checksum based on a shorter length portion of the file may falsely
match the checksum of another file, it is highly unlikely that the
second checksum would result in a false match. In addition, the use
of an initial checksum based upon a small amount of data reduces
the burden on the network and file server. This reduction is a
result of the ability to disqualify a file that does not match the
first checksum without the need to read the larger amount of data
necessary to generate the second checksum. Specifically, the
conscienceware program reads a first portion of the downloaded
file, which may be the first one thousand (1024) bytes of the file,
and at step 116 generates a first checksum. At step 120, the first
checksum is uploaded to the server 22. The file identification
application 29 at step 124 compares the first checksum with a
library of known checksum values that are stored in database 31.
This step provides an initial identification of the downloaded
file.
[0034] If there is not a match based on the initial screen of the
file at step 128, then at step 132 a license is refused by the
authorized website. If there is a match at step 128, then the
conscienceware program reads a second portion of the downloaded
file, which may be the first ten thousand (10240) bytes of the
file, and generates a second checksum at step 136. At step 140, the
second checksum is then uploaded to the server 22, and at step 144
is compared to the library of known checksum values for a match in
database 31. This step provides a more conclusive determination of
the identity of the downloaded file. If there is not a match at
step 148, then at step 132 a license is refused by the authorized
website. If there is a match at step 148, then at step 152 the file
identification program 28 reads the identification information of
the known checksums and stores it in the cache memory 33. Note that
identification information may also include the particular version
of the copyrighted work that was downloaded.
[0035] As described above, the first one thousand bytes and the
first ten thousand bytes are used for the two checksums,
respectively. For most applications, the use of the entire file or
a larger portion of the file is not necessary and indeed may slow
the process; however, there is no reason why the entire file or any
other subset of the file could not be used. In an alternative
embodiment, the first and last portions of the file are used for
generating the checksums, although premature file truncation then
becomes a way to defeat the screen. It is also possible to use
other data to improve the quality of the initial screen, such as
the length of the file and the file name. Any file matching the
initial screen criteria is then checked against one or more
checksum tests. Yet another alternative embodiment is to
simultaneously generate both the initial screen checksum and the
confirmation checksum in a single file read, thereby reducing the
number of distinct disk access events. Verification is optional
when the initial screen is performed using a checksum, as the
checksum denotes a nearly certain match.
[0036] In an alternative embodiment of the invention, a downloaded
file includes certain identifying data that permits unique
identification of that file. For example, MP3 encoders can be
configured to encode this information into the first bytes of each
MP3 file. As such, the MP3 file would carry the signature of the
music CD that it was created from. This would permit the
conscienceware program to scan the-downloaded file for the
signature code of a particular CD. When such a code is found, the
code can be uploaded to the server 22 so that it can be checked
against a database 32 of known reference codes, with the identity
of the work being stored in cache memory 33. Further, the
downloaded file may include a version number that is embedded in
the file. The conscienceware program would then be able to read the
version number and upload it to the server 22 for storage in the
cache memory 33.
[0037] At step 156, the conscienceware program measures various
metrics of the downloaded file in order to determine a fair price
for a license. For example, for a downloaded digital copy of a
copyrighted song that is in the MP3 format, the conscienceware
application determines a sampling rate for the MP3 music file.
After determining the sampling rate, at step 160 this information
is uploaded to the server 22 for storage in cache memory 33. Other
metrics that may be measured and uploaded to the server may include
the length in bytes of the file, the version of the file, the type
of work downloaded, and the like.
[0038] After all of the relevant information is stored in the cache
memory 33, such as the identity of the downloaded file, the
sampling rate, the version, the type of work, and the like, at step
164 the licensing program 29 running on the server 22 computes a
price for a license for the downloaded file. Specifically, the
licensing program 29 computes a price based on the measured
metrics. For example, if the downloaded file is the most recent
version of a copyrighted work, then the price would be higher than
for an earlier version. The type of work would also be considered
in determining a fair price for the work so that if the downloaded
file is a DVD movie file, then a license for this type of work may
be higher than for a song. Additionally, the length of the digital
file would be considered in computing a fair price. Further, the
sampling rate of the compressed digital file would be important to
determining a price. For example, if the MP3 music file has a
sampling rate that is below 32 kbps, then it may be licensed for
free. If the MP3 music file has a sampling rate above 32 kbps but
below 64 kbps, then it may be licensed for $0.50, and so on. Other
defects in the copy, such as background hiss indicating that the
data has once been stored in analog (i.e., cassette tape or the
like), or encoding defects such as pops may also influence the
price calculation. Thus, the licensing program 29 is able to
calculate a price for a license based on the measured metrics.
[0039] Optionally, the licensing program 29 may offer a discount to
the consumer, or simply refuse a license to the consumer, unless
the consumer discloses the source from which they downloaded the
digital copy. The licensing program 29 would then verify that the
copyrighted work is available at the source. This would provide the
additional benefit to the copyright owner of discovering the
identity of the entity that is pirating copyrighted works.
[0040] At step 168, the consumer is provided the terms for the
license including the price and conditions of use. If the terms are
satisfactory for the consumer, then at step 172 the consumer
accepts the terms of the license and provides payment for the
license, preferably via a credit card. At step 176, the server
receives the order, and processes the order by verifying the credit
card payment. After verification of the payment method, at step 180
the server 22 sends to the client computer 10 a digital file
containing a license as proof that the consumer has obtained a
valid license for the downloaded file. After receipt of the file,
at step 184 the consumer prints the license on his printer.
Additionally or alternatively, the license may be centrally stored
in the conscienceware database under the consumer's name and
password.
[0041] In another embodiment of the invention, the consumer may be
provided an option to upgrade the copy of the copyrighted work that
was downloaded with a more recent version or a better quality copy
from the authorized website 20. FIG. 3 shows the steps for
upgrading the downloaded file according to an embodiment of the
invention. Steps 300-368 are the same as step 100-168 of FIG.
1.
[0042] If the consumer has the best copy available of the
copyrighted work or does not want to upgrade at step 372, then at
step 376 the consumer can decline to upgrade by accepting the terms
of the license for the already downloaded file and paying the
license fee. Steps 376-384, 394 are the same as steps 176-184 of
FIG. 1. If the consumer does not have the best copy available and
wants to upgrade at step 372, then at step 386 the authorized
website provides to the consumer the terms including price and
conditions of use for the upgraded copy. For example, a consumer
who is seeking a license for Windows 98.TM. may be offered the
opportunity to download and upgrade to Windows 2000.TM.. Or, a
consumer who has downloaded a MP3 music file having a 64 kbps
sampling rate may be able to upgrade to a CD-quality 148
kbps-sampling rate MP3 music file. For software that requires a
valid serial number to run, the consumer may optionally be given a
unique, new serial number in exchange for the pirated one they had
been using. Indeed, such a switch may be required and the pirated
serial number disabled in the next version of the software.
[0043] If the terms are acceptable to the consumer, then at step
388 the consumer accepts the terms of the license for the upgrade
and provides payment for the license. At step 390, the server
receives the acceptance by the consumer and verifies the payment
method. After verification of the payment method, at step 392 the
server sends to the client computer the upgraded copy of the
copyrighted work and a license for the copy. After receipt of the
copy and license, at step 394 the consumer prints the license on
his computer.
[0044] Although in the embodiments described above, the
conscienceware program is downloaded onto a client computer, in
alternative embodiments, the program could be embedded in a web
page that is sent to the client 10. Also, for a single file, such
as a MP3 file, the file can be dropped onto a web page that allows
uploading of the MP3 file so that conscienceware program running on
the server operates on the file directly.
[0045] Attentively, if the consumer already has information that is
relevant to the pricing, the conscienceware program does not need
to identify and measure the various metrics of the downloaded file.
In this instance, the consumer accesses the authorized website and
inputs the required information and purchases a license for the
downloaded file.
[0046] In the method and system of the present invention, there are
no added costs that must be passed on to the consumer for the
distribution of copyrighted works. Since a consumer initially
obtained a copyrighted file for free, there are no associated
distribution costs that must be passed on to the consumer. Further,
the invention allows consumers to easily obtain a license so that
they do not have to feel anxiety and guilt for the illegal
downloading of protected works.
[0047] Having thus described a preferred embodiment of a method and
system of licensing of copyrighted works, it should be apparent to
those skilled in the art that certain advantages have been
achieved. It should also be appreciated that various modifications,
adaptations, and alternative embodiments thereof may be made
therein within the scope and spirit of the present invention. The
invention is further defined by the following claims.
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