Electrical computers and digital processing systems: multicomput – Computer network managing – Computer network monitoring
Reexamination Certificate
1999-03-02
2002-09-10
Maung, Zarni (Department: 2154)
Electrical computers and digital processing systems: multicomput
Computer network managing
Computer network monitoring
C709S217000, C709S218000, C709S219000, C709S223000, C702S188000, C713S152000, C713S152000, C713S152000
Reexamination Certificate
active
06449645
ABSTRACT:
BACKGROUND OF THE INVENTION
1. Field of the Invention
The present invention relates generally to an Internet system and, more particularly, to apparatus and methods for compiling copyright/patent/license infringements and violations.
2. Description of the Background
Worldwide software piracy losses are estimated at the present time to typically run well above $10.0 billion dollars annually. Numerous laws discourage and prohibit software piracy such as worldwide copyright and patent laws, the Digital Millennium Copyright Act, the World Intellectual Property Organization Copyright Treaty, and the No Electronic Theft Act. Additionally contract laws creating licenses specify the rights and duties of the parties involved. Music and multimedia piracy losses are not included in the above figures. As well, those figure do not include improper use such as unauthorized alteration of programs.
Methods, systems, and procedures are well known for making software or digitized information more difficult to copy. However, such devices often interfere with the ease of operation and reliability of operation. Reliable software is very important for many applications. Moreover, these methods do not compile evidence or give any indication of the software or digitized information that is copied or altered. Thus, when such methods of preventing copying are circumvented, there is no record or indication that is readily determinable that copying has occurred. As well, there is significant motivation to overcome these copy prevention techniques because the software or other digitized information does not operate when the copy prevention system is triggered. In some cases, the copy prevention system sometimes interferes with program operation, e.g., requires an original cd rom in the cd rom drive.
While the law is generally sufficient for enforcement, and may include rather harsh criminal penalties that depend upon the particular country in which a violation occurs, it is often difficult to locate and find evidence of pirating. If the location and parties could be determined, and the evidence accumulated, then the piracy could be pursued by either civil law or by notification of governmental authorities for criminal prosecution procedures.
While perhaps no measure is 100% foolproof, each system and method has its place and use. It would be desirable to be able to find the location, number of computers, type of violation, and the like. Those skilled in the art have long sought and will appreciate the present invention which addresses these and other problems.
SUMMARY OF THE INVENTION
The copyright/patent/license and/or illegal use monitoring system and method of the present invention are provided to supply evidence of such illegal use. The system and method are passive and do not interfere with operation of the software or other digitized information so that there is little motivation to circumvent operation thereof by one who acts illegally. The system operates worldwide on the Internet and therefore will detect copying/alteration of software/digitized music/digitized movies and the like worldwide. The results are tabulated and are preferably made available to subscribers with respect to the software or digitized information they provide. Thus, those companies can obtain evidence of active piracy. This information can be combined with other information to more specifically determine location, time, and verify the counterfeiting such as by either notifying the suspected parties or turning evidence obtained over to local officials for investigation. In many countries, for instance, copyright violations are criminal so that prosecution would be carried out by officials of the particular country involved.
Thus, it is a presently preferred object of the present invention to provide a method for monitoring whether software or other digitized information has been copied.
These and other objects, features, and advantages of the embodiments of the present invention will become apparent from the drawings, the descriptions given herein, and the appended claims. It will be noted that the above and other described objects, features, and advantages are given for illustration and easier understanding of the invention only for the benefit and illumination of the public who reviews this specification. Any stated objects, features, and advantages are not intended to limit the invention in any manner inconsistent with the claims or other portions of the specification and are not intended to provide limiting language outside of the claim language. Therefore, reference to the claims, specification, drawings and any equivalents thereof is hereby made to more completely describe the invention. It is intended that all alternatives, modifications, and equivalents included within the spirit of the invention and as defined in the appended claims be encompassed as a part of the present invention.
A method is disclosed for use with the Internet for detecting pirating of digitized information in which one embodiment comprises providing a respective first identification indicia that is unique for each of a plurality of substantially identical packets of digitized information. A server is provided in communication with the Internet. A respective second identification indicia that is unique for each of a plurality of computers is determined. The method further comprises automatically determining whether one or more of the plurality of computers is in communication to the Internet. The present invention then includes automatically sending the respective first identification indicia and the respective second identification indicia to the server such that one of the plurality of substantially identical packets of digitized information is associated with one of the plurality of computers. The respective first identification indicia and the second respective indicia are then stored for future use. For instance, it might then be determined if the first identification indicia is associated with more than one of the plurality of computers so as to indicate a possibility that one of the plurality of substantially identical packets of digitized information has been copied. Alternatively or in addition thereto, it might automatically determined whether one of the plurality of substantially identical packets of digitized information has been altered. Alteration information is automatically sent related to whether the one of the plurality of substantially identical packets of digitized information has been altered.
For the case where one or more of the plurality computers is connected to an intranet that includes a plurality of intranet computers, intranet information is stored concerning the first identification indicia and one or more of the plurality of intranet computers, and this intranet information is transmitted to the server. An intranet for this purpose is considered a network of computers outside of the Internet. At some time, it may be determined whether the first identification indicia is associated with more than one of the plurality of intranet computers. To avoid needlessly resending information that has already been sent, preferably it is automatically determined whether the first identification indicia and the respective second identification indicia have already been sent to the server. If the first identification indicia and the respective second identification indicia have already been send to the server, then the step of automatically sending the information is delayed until and if information about the first identification indicia and the respective second identification indicia have changed.
A user of the method may connect to the server from a second location and then obtain the stored information regarding the first identification number and the second identification number. Additional information related to one of the plurality of substantially identical packets of digital information may also be stored such as information obtained when registering software, updating software, from the retail or wholesale sales, and the
El-Hady Nabil
Maung Zarni
Nash Kenneth L.
LandOfFree
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