BACKGROUND OF THE INVENTION
1. Field of the Invention
The invention relates to a method for distributing digital media such as MP3 files across a network and, in particular, for licensing the digital media being transferred.
2. Description of the Related Art
Traditional business models for distributing media such as music and video include direct sales to consumers. Even when media is broadcast for “free”, it usually includes the hidden cost of advertising in the form of commercials, traditional ad banners, or pop up images.
The digitization of media and promulgation of computer networks ha s revolutionized prior business models. Users realized the potential of sharing data from user to user to avoid distributors and commercials. In turn, this promulgation has unexpected results on copiers, distributors, and copyright holders. The history of these effects is related below.
Computers store information digitally. Perhaps the greatest advantage of this, is that exact copies can be made. However, this means that digitally stored copyrighted material could be duplicated without significant efforts and without degradation.
For most copyright holders the threat of copying was not extensive because the originals as well as the copies were so large in the case of compact discs and video that the number of copies that any computer could hold was very limited and the time required for transfer was too great. However, the volume of data being shared exploded as digitally recorded media data became smaller as methods for algorithmically compressing and decompressing data were developed. Algorithmic compression methods were developed to shrink the size of digital audio and video files. Some of the best known of these algorithms include the Moving Picture Experts Group (MPEG) and in particular the MPEG audio layer 3, better known as MP3. Other popular compression formats include MPG, “DivX”, and “DeCSS” (DVD Video).
Despite the presence of growing amounts of compressed digital data, users were initially unable to distribute their data or receive data from others because they were not able to find where it was stored in an immense network like the Internet. If a webserver were to distribute unlicensed copyrighted compressed digital data, the copyright owner was able to legally enjoin the transfer because the number of such servers was limited and their identities were readily obtainable. So, at least initially, copyright holders such as music authors and record companies were not loosing sales. However, the writing was on the wall.
As the amount of data exploded, so did the need for tool to locate, filter, and transfer data while not exposing a user's own data to unacceptable risks. The most commonly used solution to this need is known as Peer to Peer (P2P) networking, or file sharing networks, these technologies allow individual computer users to form online communities by sharing their own data on their computer with other connected members of the community. The greatest advantage was that data could be transferred directly from user to another (i.e. peers) without transferring that data from a server as was traditional in most web databases. Initially, peer to peer networks such as NAPSTER®, reduced the amount of copyrighted music being sold through legitimate channels. Record companies were unable to locate and stop the multitude of infringers transferring unlicensed copyrighted material across peer-to-peer networks. However, that all stopped when the recording industry successfully enjoined peer to peer networks such as NAPSTER that were facilitating the transfer of almost entirely unlicensed copyrighted material.
Previous peer-to-peer network users desired to continue to share digital media but lacked avenues to obtain licensed copyrighted material.
In addition, traditional peer-to-peer networks do not determine and track file transfers. In fact, most pure P2P networks by their illicit nature, intentionally do not help owners track their multi-media intellectual rights.
In light of the previous historical background, a more thorough description of P2P networks is provided below:
1. A user logs onto a server on a network.
2. The user shares selected digital media to others on the network.
3. The user then queries the other computers on the network if a desired digital media file exits on the network.
4. Every computer on the network responds with a YES or a NO depending on whether they have the file.
5. The user then selects a computer having the digital media and transfers the data from the computer
6. Simultaneously, other users can query the user's computer and transfer data from the user's computer.
SUMMARY OF THE INVENTION
It is accordingly an object of the invention to provide a method for distributing and licensing digital media that overcomes the above-mentioned disadvantages of the heretofore-known devices and methods of this general type and that harnesses the desire and popularity of peer-to-peer networks without relinquishing control of the distribution from the copyright owners.
With the foregoing and other objects in view there is provided, in accordance with the invention, a method for sharing digital media across a network. The first step of the method is forming a request including recipient information and digital media information. The next step is requesting digital media by transmitting the request from a recipient to a server. The next step is selecting in the server the digital media corresponding to the request. The next step is transmitting the digital media to the recipient corresponding to the request. The next step is recording in the server the recipient information and the digital media.
In accordance with a further object of the invention, the method insures that even an anonymous user downloading a file will pay the owner the appropriate royalty.
In accordance with a further object of the invention, the method displays advertisements targeted at the media being distributed. The transferring, decoding, or playing of the digital media could activate or initialize the server to display an advertisement. The advertisement can be audio files, videos, or images.
In accordance with a further object of the invention, the method tracks what digital media users are sharing.
In accordance with a further object of the invention, the method checks the digital media being shared for integrity and uniformity throughout the network. The digital media would be verified after transfer by the recipient. An easy way to confirm a copy is to verify that the file size of the copy is identical to the original. By verifying uniformity and integrity, a recipient is guaranteed to be licensing perfect copies. In addition, verifying uniformity and integrity prevents incomplete or nonconforming copies from being promulgated across the network.
In accordance with a further object of the invention, the method tracks the digital media being downloaded.
In accordance with a further object of the invention, the method calculates the copyright royalty payment owed to the copyright owner/licensor.
In accordance with a further object of the invention, the method shares all digital media files including but not limited to MP3, MP2, WINDOWS MEDIA® Audio format (WMA), REAL® audio files, e-books, AVI, APPLE® QUICKTIME® MOV files, and WINDOWS® ASF.
In accordance with a further object of the invention, the method generates top-ten, top-fifty, and top-one-hundred lists on the network and other top lists published by outside sources and allows users to download licensed copies of those songs.
In accordance with a further object of the invention, the method reduces the costs for copyright owners to distribute files by reducing the amount of file space taken by files by allowing an original from a server once it has been promulgated across the network. The method also reduces the bandwidth required by the distributor to distribute the files because once the song has been promulgated to peers, transfers of the digital media can be made on the bandwidth of the peers rather than the originator.
In accordance with a further object of the invention, the method provides a peer-to-peer network that cannot be enjoined by copyright owners because it transfers licensed digital media. In an alternate embodiment, all media (licensed and unlicensed media) can be transferred by paying a royalty. The royalty may be a traditional charge or be in the form of receiving advertisements. If an owner of an unlicensed copyright work seeks royalties from the server, royalties can be provided from a pool created by advertisements on unlicensed transfers.
In accordance with a further object of the invention, the method collects royalties without charging subscription fees.
In accordance with a further object of the invention, the method promotes peer-to-peer networking in general by legally distributing licensed digital media. The invention also can collect royalties for unlicensed digital media that can be disbursed to owners.
In accordance with a further object of the invention, the method tracks adult and pornographic or explicit content digital media and prevents its distribution to users who are minors.
In accordance with a further object of the invention, the method delivers media of one type (e.g. audio) with advertisements in the same or another medium (e.g. video, graphics, or text). This feature increases the possibilities of delivering high impact, targeted advertisements that enhance the media being downloaded. For example, a song by an artist could be downloaded. This song could be linked to an advertisement containing a picture of that artist endorsing a product.
In accordance with a further object of the invention, the method targets an advertisement that is relevant to the user. To correlate advertisements to the user, the user can provide demographic information. Preferably, when a new user signs on, the new user can be asked demographic information. Other relevant information can be recorded as well such as the user's location or the language that the user speaks. In addition, users can list their interests, such as types of music or movies, or favorite artists. In addition, the file sharing histories can be used to profile the user for targeting advertisements. In addition, a history of which advertisements have been sent to a user can be maintained to prevent repetitive advertising. Then advertisements are delivered to the user. Preferably, the advertisements are targeted at the user based on their demographics, interests and history. Advertisements can be displayed, for example, during download, throughout playing, or at the initiation of playing. Preferably, the advertisement is an audio advertisement. In addition, the user can choose an advertisement from several possibilities.
Some of these problems with digital information protection systems may be overcome with the following method. The first step is adding recipient information to the digital media to produce a resulting file that is unique for the digital media and the recipient. This file can be encrypted so only the recipient can access the digital media with the added information. The digital media can be encrypted to allow only the recipient to decode and play the digital media. The encryption should be hardware neutral; that is, no special hardware is required to decrypt the encrypted digital media. The method can transfer the encrypted digital media. Encrypted digital media can be copied easily for back-up purposes and transferred easily for distribution. However, if the digital media is moved to a different computer as identified by its IP address, hostname, or other identifier, the digital media may have to be relicensed and a new key might have to be issued. The decrypted digital media cannot be copied. In particular, the encrypted digital media is stored as an executable computer program, which includes a decryption program that decrypts the encrypted information to provide the desired digital information, upon successful completion of an authorization procedure by the user. The decryption can be a daemonic system that initiates verification of a license and could initiate advertisements being displayed. The encrypted file can be given a proprietary file extension such as FMF for “Free Media Format”. If an unlicensed user attempts to decrypt or transfer the encrypted digital media, the server is contacted, and the unlicensed user is asked to register and license the media; this license can be in the form of advertisements being displayed.
In accordance with a further object of the invention, the method enforces payment of royalties and controls access to decryption keys and prevents playing of digital media unless a license is purchased; the license can be charged by displaying advertisements. The present invention provides an improved method for identifying and detecting sources of unauthorized copies. Copies that do not comply with the original (for example, by having different file size or an altered title) can be excluded.
In accordance with a further object of the invention, the method limits the number of times that the digital information can be transferred. In addition, licenses allowing addition copies can be purchased.
In accordance with a further object of the invention, the method a server is contacted only when contents are being used. During transfer of the digital media, the network would act like a typical peer-to-peer network without requiring a central server.
In addition to the foregoing, following features and advantages are provided in accordance with aspects of this invention:
Data modularity: a recipient's (i.e., an end user's) applications (i.e., media player) can retrieve and interpret parts of structure as they arrive, i.e., digital media can be streamed to the recipient.
Other features which are considered as characteristic for the invention are set forth in the appended claims.
Although the invention is illustrated and described herein as embodied in method for distributing and licensing digital media, it is nevertheless not intended to be limited to the details shown, since various modifications and structural changes may be made therein without departing from the spirit of the invention and within the scope and range of equivalents of the claims.
The construction and method of operation of the invention, however, together with additional objects and advantages thereof will be best understood from the following description of specific embodiments when read in connection with the accompanying drawings.