Data processing: generic control systems or specific application – Specific application – apparatus or process – Article handling
Reexamination Certificate
2001-01-31
2004-09-28
Walsh, Donald P. (Department: 3651)
Data processing: generic control systems or specific application
Specific application, apparatus or process
Article handling
C700S237000, C700S241000, C700S234000
Reexamination Certificate
active
06799084
ABSTRACT:
FIELD OF THE INVENTION
This invention relates to a data vending system.
BACKGROUND TO THE INVENTION
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.
One of the reasons for the unauthorised copying is that consumers are unable to purchase just the data they want, and are often offered either a bundle including the data they require or they must do without.
A further reason for the copying is that recording media are freely available and that any person may record data on such media, without prior authorisation by the copyright owner or his licensee(s).
Yet a further reason for the unauthorised copying is the availability of data of the type mentioned above over the internet, for example, from music sites which allow the downloading of particular tracks of music either for free or for payment. Once the music has been downloaded from the internet by a user neither the internet site operator nor the owner of the copyright in such data has any control over its further copying.
In addition to the above problems, the authorised end user is also limited by present data distribution systems in that if the data is lost or damaged the authorised user has to again purchase an authorised copy from the copyright owner or a licensed vendor. This problem is particularly acute with data carried on magnetic or optical media such as tapes, diskettes, compact disks (CD's) and Digital Video Disks (DVD's), which are prone to loss and/or damage.
The inventor is aware of EP 0 649 121 A2 to international Business Machines Corporation. This system provides for distribution of remotely stored digitised information, which information may be previewed in real time, and product incorporating selected digitised information can be manufactured on-site and within a short response time to a customers request at a point of sale location. The system also provides management reporting and a marketing system collects and maintains data useful to the retailer and the content owners such as record companies. This system, however, does not address the end user's ownership of digitised data nor the license held by the end user of the digitised data as the system is supplier orientated and not end user orientated. There is thus little incentive for a user to accept the system as a sole unified information sales system.
SUMMARY OF THE INVENTION
Thus, according to a first aspect of the invention, there is provided a data vending system including:
a data depot for storing one or more data type selected from the group comprising digitised or analogue music, video, games, information, and computer programs;
a data dispensing device in communication with the data depot;
a uniquely identifiable recordable data carrier configured for recording data from the data dispensing device; and
a database for keeping a record of the data recorded by a user onto said data carrier, at least a part of which database is stored remotely from said data carrier.
The database may also maintain owner and/or possessor records for each said data carrier 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 favourite data of the user.
The database may link the record of the user to any number of said data carriers and to the data recorded onto said data carriers thereby to collate all data recorded by the user onto any number of data carriers.
The database may be stored in whole or in part on the data depot, on the data dispenser, on the data carrier, or on a combination of any of the aforementioned i.e. a decentralised database.
The data depot may include a computer located at a remote location on which data to be vended is stored or from which data to be vended is routed.
The data depot may have the data stored thereon indexed. The indexing may be by index number, name of author, name of producer, title, content, cost, duration, theme, or the like.
The index may be searchable from the data dispensing device and/or from the data carrier.
The data depot may be a store of digitised or analogue music, video, games, information, or computer programs.
The data dispensing device may be in the form of a computer terminal in data transfer communication with the depot. Conveniently such data transfer may be by dedicated data lines, optic fibre cables, telephone lines, satellite link-up, radio transmission, or the like.
The computer terminal may be provided with localised data storage for storing an index of available data. The index may be a copy of a portion of the data depot index at a given time.
The index on the computer terminal may be updated periodically from the data depot, typically when data is transferred between the computer data depot and the computer terminal to complete a data vending transaction.
The computer terminal may be provided with data writing means for writing data to a data carrier. The computer terminal may be configured to download data from the depot and transfer the data to the data carrier with or without storing it locally for later retrieval.
The computer terminal may include payment means for processing payment of a transaction amount for the data vending transaction.
A royalty payment to the copyright owner and/or licensee may be included in the transaction amount, which royalty payment may either be transferred automatically to the copyright owner and/or licensee, or credited to an account for later transfer, in either event accurate and rapid royalty accounting is made possible.
The payment means may include a key pad configured to accept an identification code linked to an account to which the transaction may be debited.
The computer terminal may include a card reader for accepting payment by banking cards, such as credit cards, debit cards, savings cards, and the like.
The data carrier may be a single or multiple use recordable data carrier.
The data carrier may include key means, for example, a hardware or software key linked to a microprocessor. The data carrier may thus be activated and deactivated for receiving data and/or releasing data by means of the key means.
The data dispensing device may be provided with a verification mechanism for verifying the authenticity of the key means.
The key means may be located on the data dispensing device and a code may be required to authenticate a user. The key means may be in the form of a code at a remote location, the data dispensing device being communicable with the remote location for verification of the code input by a user at the data dispensing device.
Equally the verification mechanism and/or the key means may be at least partially located on the data depot.
The recordable data carrier may be configured to receive data only from a data dispensing device authorised for a particular data carrier or a particular class of data carrier.
The recordable data carrier may be configured to be read by a data carrier reader authorised for a particular data carrier or a particular class of data carrier.
However, the recordable data carrier may be configured for receiving data from certain authorised data dispensing devices but to be read by any suitable reader, for example, a home entertainment centre.
The recordable data carrier may be configurable, through the data recorded thereon or otherwise, to permit reading of the data stored thereon for a predetermined period of time only, whereafter the d
Akerman & Senterfitt
Butler Michael E.
Walsh Donald P.
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