U.S. patent application number 11/711735 was filed with the patent office on 2007-07-12 for method and apparatus for transferring usage rights and digital work having transferable usage rights.
Invention is credited to Charles P. Gilliam, Guillermo Lao, Aram Nahidipour, Michael C. Raley, Thanh T. Ta, Bijan Tadayon, Xin Wang.
Application Number | 20070162398 11/711735 |
Document ID | / |
Family ID | 25350388 |
Filed Date | 2007-07-12 |
United States Patent
Application |
20070162398 |
Kind Code |
A1 |
Tadayon; Bijan ; et
al. |
July 12, 2007 |
Method and apparatus for transferring usage rights and digital work
having transferable usage rights
Abstract
A method, system and computer program product for transferring a
digital work, including receiving by a first device a first digital
work including digital content which is associated with usage
rights and transfer permission information; sending to a server a
request to transfer the digital content to a second device, the
request indicating an identification of the second device;
receiving from the server permission to transfer the digital
content, the permission being generated based on the identification
indicated by the request and the permission indicating new usage
rights associated with the digital content; and transferring the
digital content associated with the new usage rights to the second
device.
Inventors: |
Tadayon; Bijan; (US)
; Nahidipour; Aram; (US) ; Wang; Xin;
(US) ; Raley; Michael C.; (US) ; Lao;
Guillermo; (US) ; Ta; Thanh T.; (US) ;
Gilliam; Charles P.; (US) |
Correspondence
Address: |
NIXON PEABODY, LLP
401 9TH STREET, NW
SUITE 900
WASHINGTON
DC
20004-2128
US
|
Family ID: |
25350388 |
Appl. No.: |
11/711735 |
Filed: |
February 28, 2007 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
|
|
09867746 |
May 31, 2001 |
7222104 |
|
|
11711735 |
Feb 28, 2007 |
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Current U.S.
Class: |
705/54 |
Current CPC
Class: |
Y10S 707/99939 20130101;
G06F 21/44 20130101; G06F 2221/2129 20130101; G06Q 10/10 20130101;
G06Q 50/188 20130101 |
Class at
Publication: |
705/054 |
International
Class: |
G06Q 99/00 20060101
G06Q099/00 |
Claims
1. A method for transferring a digital work, comprising: receiving
by a first device a first digital work comprising digital content
which is associated with usage rights and transfer permission
information; sending to a server a request to transfer the digital
content to a second device, the request indicating an
identification of the second device; receiving from the server
permission to transfer the digital content, the permission being
generated based on the identification indicated by the request and
the permission indicating new usage rights associated with the
digital content; and transferring the digital content associated
with said new usage rights to the second device.
2. The method of claim 1, wherein a digital work is encrypted using
a cryptographic key.
3. The method of claim 2, further comprising storing cryptographic
keys for decrypting a digital work.
4. The method of claim 1, wherein said new usage rights permit said
second device to use said digital content.
5. The method of claim 1, wherein said new usage rights are the
same as said usage rights.
6. The method of claim 1, wherein said new usage rights are
remaining of said usage rights.
7. The method of claim 1, wherein said transfer permission
specifies fee to be paid before a transfer is permitted.
8. The method of claim 1, wherein said digital content and said
associated usage rights are stored in separate locations.
9. The method of claim 1, wherein said digital content and said
associated usage rights are stored in the same location.
10. A method for transferring a digital work, comprising:
associating usage rights and transfer permission information with
digital content; delivering to a first device the digital work
comprising the digital content; receiving a request from the first
device, the request being a transfer request to transfer the
digital content from said first device to a second device, the
request indicating an identification of the second device;
ascertaining whether the requested transfer is authorized according
to the transfer permission information; generating a permission for
the requested transfer if the requested transfer is authorized; the
permission being generated based on the identification indicated by
the request and the permission indicating new usage rights
associated with the digital content; and delivering the permission
for the request or a rejection of the request to the first
device.
11. The method of claim 10, wherein said permission for the
requested transfer specifies fee to be paid before a transfer is
permitted.
12. The method of claim 10, further including tracking of transfer
transactions.
13. The method of claim 10, further including tracking of fee
transactions.
14. The method of claim 10, further including encrypting of the
digital content.
15. The method of claim 10, further including sending cryptographic
keys to devices for decrypting digital works.
Description
RELATED APPLICATION DATA
[0001] This application is a divisional application of co-pending
U.S. patent application Ser. No. 09/867,746 of Tadayon, et al.
filed May 31, 2001, entitled "METHOD AND APPARATUS FOR TRANSFERRING
USAGE RIGHTS AND DIGITAL WORK HAVING TRANSFERABLE USAGE RIGHTS,"
now allowed, which is related to U.S. patent application Ser. No.
09/867,747 of Tadayon, et al. filed May 31, 2001, entitled "METHOD
AND APPARATUS FOR ESTABLISHING USAGE RIGHTS FOR DIGITAL CONTENT TO
BE CREATED IN THE FUTURE," now U.S. Pat. No. 6,876,984; U.S. patent
application Ser. No. 09/867,754 of Tadayon, et al. filed May 31,
2001, entitled "DEMARCATED DIGITAL CONTENT AND METHOD FOR CREATING
AND PROCESSING DEMARCATED DIGITAL WORKS," now U.S. Pat. No.
6,973,445; U.S. patent application Ser. No. 09/867,745 of Tadayon,
et al. filed May 31, 2001, entitled "METHOD AND APPARATUS FOR
DYNAMICALLY ASSIGNING USAGE RIGHTS TO DIGITAL," now U.S. Pat. No.
6,754,642; U.S. patent application Ser. No. 09/867,749 of Tadayon,
et al. filed May 31, 2001, entitled "METHOD AND APPARATUS FOR
ASSIGNING CONDITIONAL OR CONSEQUENTIAL RIGHTS TO DOCUMENTS AND
DOCUMENTS HAVING SUCH RIGHTS," now U.S. Pat. No. 6,976,009; and
U.S. patent application Ser. No. 09/867,748 of Tadayon, et al.
filed May 31, 2001, entitled "METHOD AND APPARATUS FOR HIERARCHICAL
ASSIGNMENT OF RIGHTS TO DOCUMENTS AND DOCUMENTS HAVING SUCH," now
U.S. Pat. No. 6,895,503, the disclosures of all of which are
incorporated herein by reference in their entirety.
BACKGROUND
[0002] 1. Field of the Invention
[0003] The invention relates generally to distribution of digital
works and more specifically to digital works having usage rights
that can be transferred to others and a method and apparatus for
effecting such a transfer.
[0004] 2. Discussion of the Background
[0005] One of the most important issues impeding the widespread
distribution of digital works or documents (i.e. documents in forms
readable by computers), via electronic means, and the Internet in
particular, is the current lack of ability to enforce the
intellectual property rights of content owners during the
distribution and use of digital works. Efforts to resolve this
problem have been termed "Intellectual Property Rights Management"
("IPRM"), "Digital Property Rights Management" ("DPRM"),
"Intellectual Property Management" ("IPM"), "Rights Management"
("RM"), and "Electronic Copyright Management" ("ECM"), collectively
referred to as "Digital rights management (DRM)" herein. There are
a number of issues to be considered in digital rights management:
authentication, authorization, accounting, payment and financial
clearing, rights specification, rights verification, rights
enforcement, and document protection for example. U.S. Pat. Nos.
5,530,235, 5,634,012, 5,715,403, 5,638,443, and 5,629,980 disclose
DRM concepts addressing these issues and the disclosures thereof
are incorporated herein by reference.
[0006] In the world of printed documents, a work created by an
author is usually provided to a publisher, which formats and prints
numerous copies of the work. The copies are then sent by a
distributor to bookstores or other retail outlets, from which the
copies are purchased by end users. While the low quality of copying
and the high cost of distributing printed material have served as
deterrents to unauthorized copying of most printed documents, it is
far too easy to copy, modify, and redistribute unprotected digital
works. Accordingly, some method of protecting digital works is
necessary to make it more difficult to copy them without
authorization.
[0007] Unfortunately, it has been widely recognized that it is
difficult to prevent, or even deter, people from making
unauthorized distributions of digital works within current
general-purpose computing and communications systems such as
personal computers, workstations, and other devices connected over
communications networks, such as local area networks (LANs),
intranets, and the Internet. Many attempts to provide
hardware-based solutions to prevent unauthorized copying have
proven to be unsuccessful. The proliferation of high band-width
"broadband" communications technologies will render it even more
convenient to distribute large documents electronically, including
video files such as full length motion pictures, and thus will
remove any remaining deterrents to unauthorized distribution of
digital works. Accordingly, DRM technologies are becoming a high
priority.
[0008] Two basic DRM schemes have been employed to attempt to solve
the document protection problem: secure containers and trusted
systems. A "secure container" (or simply an encrypted document)
offers a way to keep document contents encrypted until a set of
authorization conditions are met and some copyright terms are
honored (e.g., payment for use). After the various conditions and
terms are verified with the document provider, the document is
released to the user in clear form. Commercial products such as
IBM's CRYPTOLOPES.TM. and InterTrust's DIGIBOXES.TM. fall into this
category. Clearly, the secure container approach provides a
solution to protecting the document during delivery over insecure
channels, but does not provide any mechanism to prevent legitimate
users from obtaining the clear document and then using and
redistributing it in violation of content owners' intellectual
property.
[0009] Cryptographic mechanisms are typically used to encrypt (or
"encipher") documents that are then distributed and stored
publicly, and ultimately privately deciphered by authorized users.
This provides a basic form of protection during document delivery
from a document distributor to an intended user over a public
network, as well as during document storage on an insecure
medium.
[0010] In the "trusted system" approach, the entire system is
responsible for preventing unauthorized use and distribution of the
document. Building a trusted system usually entails introducing new
hardware such as a secure processor, secure storage and secure
rendering devices. This also requires that all software
applications that run on trusted systems be certified to be
trusted. While building tamper-proof trusted systems is a real
challenge to existing technologies, current market trends suggest
that open and untrusted systems such as PC's and workstations using
browsers to access the Web, will be the dominant systems used to
access digital works. In this sense, existing computing
environments such as PCs and workstations equipped with popular
operating systems (e.g., Windows.TM., Linux.TM., and UNIX) and
rendering applications such as browsers are not trusted systems and
cannot be made trusted without significantly altering their
architectures. Of course, alteration of the architecture defeats a
primary purpose of the Web, i.e. flexibility and compatibility.
[0011] U.S. Pat. No. 5,634,012, the disclosure of which is
incorporated herein by reference, discloses a system for
controlling the distribution of digital works. Each rendering
device has a repository associated therewith. A predetermined set
of usage transaction steps define a protocol used by the
repositories for carrying out usage rights associated with a work.
Usage rights are encapsulated with the content of the digital work
or otherwise associated with the content to travel with the
content. The usage rights can permit various types of use such as,
viewing only, use once, distribution, and the like. Rights can be
granted based on payment or other conditions.
[0012] Current DRM techniques do not provide the flexibility of
distribution that is possible with conventional printed documents.
For example, the purchaser of a copy of a book generally can give
that same copy to another, trade that copy, or sell that copy
without violating the rights of the copyright holder. However, DRM
techniques do not provide a flexible means for accomplishing
analogous distribution of digital works without diminishing the
control over the digital work by the content owner.
SUMMARY OF THE INVENTION
[0013] It is an object of the invention to increase the flexibility
of distribution of digital content.
[0014] A first aspect of the invention relates to a method, system
and computer program product for transferring a digital work,
including receiving by a first device a first digital work
including digital content which is associated with usage rights and
transfer permission information; sending to a server a request to
transfer the digital content to a second device, the request
indicating an identification of the second device; receiving from
the server permission to transfer the digital content, the
permission being generated based on the identification indicated by
the request and the permission indicating new usage rights
associated with the digital content; and transferring the digital
content associated with the new usage rights to the second
device.
[0015] A second aspect of the invention relates to a method, system
and computer program product for transferring a digital work,
including associating usage rights and transfer permission
information with digital content; delivering to a first device the
digital work comprising the digital content; receiving a request
from the first device, the request being a transfer request to
transfer the digital content from the first device to a second
device, the request indicating an identification of the second
device; ascertaining whether the requested transfer is authorized
according to the transfer permission information; generating a
permission for the requested transfer if the requested transfer is
authorized; the permission being generated based on the
identification indicated by the request and the permission
indicating new usage rights associated with the digital content;
and delivering the permission for the request or a rejection of the
request to the first device.
BRIEF DESCRIPTION OF THE DRAWINGS
[0016] The invention will be described through a preferred
embodiment and the attached drawing in which:
[0017] FIG. 1 is a block diagram of a distribution system in
accordance with the preferred embodiment;
[0018] FIG. 2 is a schematic illustration of the relationship
between a digital work and the distribution server of the preferred
embodiment; and
[0019] FIG. 3 is a flowchart of an exchange method of the preferred
embodiment.
DETAILED DESCRIPTION
[0020] FIG. 1 is a block diagram of a system for the electronic
distribution of digital works, which may include correspondence,
books, magazines, journals, newspapers, other papers, software,
audio and video clips, and other files objects and the like in
accordance with the preferred embodiment. The phrase "digital work"
as used herein refers to any type of element having content in
computer readable form. "Content" as used herein refers to the
viewable or otherwise usable portion of a digital work. Author 110
creates original content 112 and passes it to distributor 120 for
distribution. Ordinarily, author 110 is the creator of the content.
However, the term "author" as used herein can be the creator,
owner, editor, or other entity controlling the content or an agent
(e.g. a publisher) of one of those entities. Also author 110 may
distribute documents directly, without involving another party as
distributor 120 and thus the author and distributor may be the same
entity. However, the division of functions set forth in FIG. 1 is
more efficient, as it allows author 110 to concentrate on content
creation and not the administrative functions of distribution.
Moreover, such a breakdown facilitates economies of scale by
permitting distributor 120 to associate with a number of authors
110.
[0021] Distributor 120 distributes digital works, such as works 200
and 202 to users 130 and 132 upon request. The digital works can be
distributed as a document containing the content and associated
usage rights in encrypted form. Distributor 120 encrypts the works
with a public key and then encrypts the public key with a private
key corresponding to user 130 or 132. Thus the encrypted work is
customized solely for the particular user 130 or 132. Users 130 and
132 are then able to use their private key to unencrypt the public
key and use it to unencrypt and view the content of the work 200 or
202. Of course, there can be any number of users and any number of
digital works. For the sake of simplicity, there are two users and
two digital works in the preferred embodiment.
[0022] Payment for the work is passed from user 130 or 132 to
distributor 120 by way of clearinghouse 150 which collects requests
from user 130 and 132 and from other users who wish to sue a
particular content. Clearinghouse 150 also collects payment
information, such as debit transactions, credit card transactions,
or other known electronic payment schemes, and forwards the
collected payments as a payment batch to distributor 120. Of
course, clearinghouse 150 may retain a share of the payment as a
fee for the above-noted services. Distributor 120 may retain a
portion of the batch payment from clearinghouse 150 for
distribution services and forward a payment (for example royalties)
to author 110. Distributor 120 may compile a bundle or batch of
user requests for a single work before distributing the work. In
such a case, a single instance of the encrypted work can be
generated for unencryption by all of the requesting users 130.
Clearinghouse 150 also maintains various records regarding
ownership and usage rights as described in detail below.
[0023] Each time user 130 or 132 requests (or uses) content of a
work, an accounting message can be sent to clearinghouse 150 which
ensures that each request by user 130 matches with a document sent
to user 130 or 132 by distributor 120. Accounting information is
received by clearinghouse 150 directly from distributor 120. Any
inconsistencies can be used adjust the payment batches made to
distributor 120 accordingly. This accounting scheme is operative to
reduce the possibility of fraud in electronic distribution and to
handle any time-dependent usage permissions that may result in
charges that vary, depending on the duration or other extent of
use. Clearinghouse 150 includes server 250 (see FIG. 2), a
programmable general purpose computer for example. Server 250
includes a processor which runs rights transfer module 252 in the
form of software code. The function of rights transfer module 252
is described in detail below.
[0024] FIG. 2 illustrates the mechanism for facilitating the
transfer of usage rights in accordance with the preferred
embodiment. Under the assumption that digital work 200 has been
distributed to user 130 and that digital work 202 has been
distributed to user 132, an example of the preferred embodiment is
described below. Digital work 200 includes content 210 and can be
stored in a computer memory, such as a memory in a user device used
for viewing content 210. For example, the user device can be a
personal computer, and ebook reader, a personal digital assistant
(PDA), or the like. In the example of the preferred embodiment,
user 130 has a right to use content 210, and user 132 has a right
to use content 310. Content 210 and content 310 have usage rights
212 and 312 respectively associated therewith and users 130 and 132
have respective licenses to use content 210 and content 310 in
accordance with the usage rights.
[0025] If user 130 and user 132 desire to exchange their respective
rights in content 210 and 310, i.e. user 130 desires rights to use
content 310 and user 132 desires rights to use content 210, the
exchange can be effected using current user ID flag module 216 of
rights transfer module 252 to track the current user of content 210
and 310. Of course, the right to exchange is an additional right
which has already been awarded and which is tracked in transfer
permissions module 214. The exchange of usage rights may involve
some fee, paid by user 130 to user 132 or vice versa. Rights
transfer module 252 keeps track of this fee/percentage, and
notifies the original content owners, who may be entitled to a
percentage of the fee which was paid by a user (based on the
license agreements between the users and the content owners). The
price can be set using a predetermined, on-spot, or dynamic scheme,
such as auction or stock-exchange. The exchange right/fee schedules
can be attached to the content or other rights (physically, or by a
pointer associated with a remote schedule). Current user ID flag
module includes a database structure having a current user flag for
each of works 200 and 202. Such a flag can be an ID number or any
other indication of the current authorized user. The exchange may
involve more than two users, in which case current user ID flag
module 216 can keep track of rights, fees, percentages, content
owners, and current users (an exchange forum, similar to a stock
exchange setting).
[0026] FIG. 3 illustrates an exchange method in accordance with the
preferred embodiment. When users 130 and 132 wish to exchange usage
rights to content, a request is sent to server 250 from one of the
users in step 400. Rights transfer module 252 checks transfer
permission module 214 to ascertain if the requested transfer has
been authorized by the content owner or other applicable party in
step 402. If such permission has been granted, transfer permission
module 214 manipulates current user ID flag module 216 to reflect
the exchange in current users of the content, i.e. user 130 because
the current user of content 310 and user 132 becomes the current
user of content 210, in step 404.
[0027] Subsequently, in step 406, transfer permissions module 214
changes the usage rights 212 and 312 to prohibit use by users 130
and 132 of content 210 and 310 respectively and to permit the same
use by the new user 132 and 13 respectively. Finally, in step 408,
works 200 and 202 are exchanged between users 130 and 132 with the
new usage rights 212 and 312 respectively. Alternatively, works 200
and 202 can be redistributed from distributor 120 or clearinghouse
150 to users 130 and 132. In any case, clearinghouse 150 can track
all transactions, usage rights, current user data, and the
like.
[0028] The preferred embodiment can be adapted to an auction, as
well. The right to auction can be awarded by the original content
owner to the user, and the user can exercise this right, provided
that the price limitations, time limitations, geographical
limitations, and usage limitations (specified by the content owner)
are followed. The price or range of price or
percentages/fees/commissions can be predetermined, or can be
dynamic, for example, using the market or other factors, for
example, set by the current user. To encourage the exchange between
friends, peer-to-peer distribution, or super-distribution, point or
other rewards can be awarded to the user. Super-distribution can be
done through e-mail or instant-messaging, using address books or
"buddy lists."
[0029] The preferred embodiment can be used for version control,
for updating/replacing (or providing patches or corrections for)
content. The preferred embodiment can process returned content by a
user, to obtain a refund, if the nature of the content permits and
the owner of the content wishes to give this option to the user as
an added usage right.
[0030] Instead of trading usage rights, user 130 may wish to merely
grant remaining usage rights to user 132. For example, if user 130
buys a license to use software, and later wants to transfer the
license to user 132, User 130 can transfer the usage rights to user
132 in a manner similar to the exchange described above. In such a
case, clearinghouse 150 can collect an electronic signature from
user 132 and send any appropriate notices, such as a terminating
notice to user 130. If the content owner requires a fee for such a
transfer, clearinghouse 150 can effect the fee transfer. In
addition, a certification for disablement or destruction of the the
software in position of user 130 can be issued automatically by
clearinghouse 150 and sent to the content owner or authorized
representative.
[0031] Alternatively, user 130 may have the right to use content
for a specific time period. User 130 then uses the content for a
portion of the allowed time. However, before the expiration time
period, user 130 can transfer the balance of remaining allowable
time to user 132. This can be effected in the manner described
above. Of course this right also can be assigned to user 130 by the
original content owner.
[0032] In the case of accessing (or storing) information from
multiple servers, clearinghouse 150 can keep track of all servers
for an optimized accessing scheme. For example, tags can be used
for identification and referral to a specific server for edge
delivery of content on the Internet or any other network (as
opposed to centralized content delivery), to solve the
first-mile-bottleneck problem (related to traffic on the
network).
[0033] The particular modules of the preferred embodiment have been
described by functionality. However, the modules and need not be
separate entities, such as separate files or even blocks of code.
Also, the functions of the various modules can be mixed or
combined. The various functions can be accomplished by any
combination of software and/or hardware. For example, the invention
can be implemented on one or more general purpose programmable
computers, such as personal computers, servers, or the like. Date
transfer can be accomplished using HTTP over the Internet or in any
other manner.
[0034] Any usage rights can be transferred traded, or assigned. The
various data and files can be stores at any location and linked in
an appropriate manner. For example, the content and usage rights
need not be stored together. Accordingly, "associated" as used
herein refers broadly to an established correspondence such as a
call or a link, or other relationship. The digital works can be
transferred directly form user to user or through a centralized
system. The usage rights include all usage rights that can be
expressed by the XrML.TM. rights language and other rights
grammar.
[0035] The invention has been described trough a preferred
embodiment. However, various modifications can be made without
departing from the scope of the invention as defined by the
appended claims and legal equivalents.
* * * * *