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`SYSTEM AND METHOD FOR ADJUSTABLE LICENSING OF DIGITAL
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`PRODUCTS
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`CrossnReference to Related Application; $1
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`This application claims priority pursuant to 35 USE. §119(e) to US.
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`Provisional Application No. 60/ 988,778, entitled “SYSTEM FOR ADJUSTABLE
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`DIGITAL LICENSING OVER TIME,” filed November 17, 2007, which application is
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`specifically incorporated herein, in its entirety, by reference.
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`Field of the Invention
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`Background of the Invention
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`The present application relates generally to managing software use, and more
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`specifically to systems and methods to enable the monitoring and adjusting software
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`usage under a software license.
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`Description of the Related Art
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`A common capability of digital product license systems is the ability to control
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`how many devices are allowed to be used with each product license which is usually
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`sold to an individual customer or company. For example U.S. Fatent No. 5,490,216
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`refers to a system where a license is given to an individual, but in turn that license is
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`linked to a specific personal computer thereby limiting the copyright holders exposure
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`to copyright abuse if the user decided to share their license with other unauthorized
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`A problem that has arisen over time is the fact that consumers of software have
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`normal patterns of use that include the installation and use of digital products on
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`multiple devices. For example a person may wish to buy software and use it on three
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`computers at their home, a computer at work, a mobile computer and the computers at
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`their holiday home and their parent’s house. In addition to these uses, computers are
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`also bought, sold and replaced so over time maybe two or three times this number of
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`242553
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`1
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`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 1
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`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 1
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`computers may be used by the user over time with a legitimate need to install and use
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`the software on every computer.
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`Publishers of digital products have a dilemma in that they may want their
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`customers to receive the normal freedom to use the software that they have purchased
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`but they also do not want the software licenses to be freely shared amongst end users or
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`even in Worst case shared anonymously over the Internet resulting in massive piracy and
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`copyright abuse of the product.
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`To solve this problem some publishers have set a relatively high device to
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`license ratio in their control systems in the hope that customers will not exceed the
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`maximum number of devices per license. An example of this is Apple iTunes which
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`enables customers to play a purchased music file on up to a preset number (cg, five) of
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`devices (e. g, PCs) per license before being requested to buy an additional license. They
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`have also implemented a system that allows customers to turn off the license rights of
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`individual devices with regard to a specific music file license and therefore free up that
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`device installation so that the music file can be used on one additional device.
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`While this method does go some way to appeasing the problem of a normal
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`customers usage expectations, it does not take into consideration the normal attrition
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`that occurs with the purchase and upgrade of personal computing devices or the like and
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`places an expectation on the user to go through a number of involved steps to retain
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`their rights to use the software. Accordingly, there is a need for an improved technique
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`for allowing for a changing number of device installations on a per license basis over
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`time.
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`Sunnnfl of the invention
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`The following presents a simplified summary of one or more embodiments in
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`order to provide a basic understanding of such embodiments. This summary is not an
`extensive overview of all contemplated embodiments, and is intended to neither identify
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`key or critical elements of all embodiments nor delineate the scope of any or all
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`embodiments. Its sole purpose is to present some concepts of one or more embodiments
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`in a simplified form as a prelude to the more detailed description that is presented later.
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`242521
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`2
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`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 2
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`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 2
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`in accordance with one or more embodiments and corresponding disclosure
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`thereof, various aspects are described in connection with adjusting a license for a digital
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`product overtime. The license may comprise at least one ailowed copy count
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`corresponding to a maximum number of devices authorized for use with the digital
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`product. in cue embodiment, a system for adjustable licensing includes: a
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`communication moduie for receiving a request for authorization to use the digital
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`product from a given device; a processor module in operative communication with the
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`communication module; and a memory module in operative communication with the
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`The memory module may include executable code for the processor module to:
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`(a) verify that a license data associated with the digital product is valid based at least in
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`part on a device identity associated with the given device; and (b) in response to the
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`device identity already being on a record, ailow the digitai product to be used on the
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`given device.
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`The memory module may further inciude executable code for the processor
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`module to: (c) in response to the device identity not being on the record, set the allowed
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`copy count to a first upper limit for a first time period; (d) calculate a device count
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`corresponding to total number of devices aiready authorized for use with the digital
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`product; and (e) when the calculated device count is less than the first upper limit, allow
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`the digital product to be used on the given device.
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`In related aspects, the processor module may be adapted to: (a) in response to the
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`device identity not being on the record, after the first time period has expired, set the
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`allowed copy count to a second upper iimit for a second time period; (b) recalculate the
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`device count; and/or (c) when the recalculated device count is less than the second
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`upper limit, allow the digitai product to be used on the given device. For example, the
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`second time period may comprise a defined number of days since the initial
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`authorization. The processor module may be adapted to, in response to the calculated
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`device count equaling the second upper limit, send a warning regarding the allowed
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`copy count to the given device. The processor module may be adapted to, in response to
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`the calculated device count exceeding the second upper limit, deny the request for
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`authorization.
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`“255$
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`3
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`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 3
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`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 3
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`

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`In further related aspects, the processor module may be adapted to: (a) in
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`response to the device identity not being on the record, after the second time period has
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`expired, set the allowed copy count to a third upper limit; (b) recalculate the device
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`count; and (0) when the recalculated device count is less than the third upper limit,
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`allow the digital product to be used on the given device. The processor module may be
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`adapted to, in response to the calculated device count equaling the third upper limit,
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`send a warning regarding the allowed copy count to the given device. The processor
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`module may be adapted to, in response to the calculated device count exceeding the
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`third upper limit, deny the request for authorization.
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`To the accomplishment of the foregoing and related ends, the one or more
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`embodiments comprise the features hereinafter fitlly described and particularly pointed
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`out in the claims. The following description and the annexed drawings set forth in
`detail certain iliustrative aspects of the one or more embodiments. These aspects are
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`indicative, however, of but a few of the various ways in which the principles of various
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`embodiments may be employed and the described embodiments are intended to include
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`all such aspects and their equivalents.
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`Brief Description of the Drawings
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`Figure 1 is an exemplary set of license rules that may be implemented to adjust
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`the number of device installations on a per license basis over time.
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`Figure 2 shows an exemplary approach for adjusting a license for a digital
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`Figure 3A shows one embodiment for a method for adjusting a iicense for a
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`Figure 3B shows several sample aspects of the method shown in Figure 3A.
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`Figure 4 shows one embodiment for a system for adjusting a license for a digital
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`product.
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`Various embodiments are now described with reference to the drawings, wherein
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`like reference numerals are used to refer to iike elements throughout.
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`In the following
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`Detailed Description
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`243511
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`4
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`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 4
`
`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 4
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`

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`description, for purposes of explanation, numerous specific details are set forth in order
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`to provide a thorough understanding of one or more embodiments. It may be evident,
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`however, that such embodiment(s) can be practiced without these specific details.
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`in
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`other instances, well-known structures and devices are shown in block diagram form in
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`order to faciiitate describing one or more embodiments.
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`The techniques described herein allow for a changing number of device
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`installations on a per license basis over time. Aspects of the techniques may include a
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`customer feedback system that warns a user when they are nearing the limit of their
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`device installation ceiling for their license. An example scenario could be as follows. A
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`software publisher wants to commence distribution of a software product and to
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`minimize unauthorized copying of their software. Their iicense may state that the
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`publisher authorizes the user to use their software on up to, for exampie, five devices,
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`but that the pubiisher reserves the right to increase this limit at their own discretion. The
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`customer installs the software on the three computers they have at home. Each time the
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`software cennects to a license management server controlled by the publisher over the
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`Internet to ensure that the device limit for the individual license has not been exceeded.
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`The customer may choose to install the same software on their personal
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`computer (PC) at work. Upon contacting the publishers license management server over
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`the Internet a message is displayed to the user warning them that they are nearing the
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`limit of their device count for their license.
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`Two weeks later the user wishes to instali their software on the two computers
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`they own at the customers holiday home. If the publisher uses the proposed invention
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`the maximum number of devices for the license may have been adjusted to
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`accommodate a reasonable small increase in the number of devices iinked to a specific
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`license and both PCs may be allowed to instali and run even though the publishers
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`stated device limit per license is five.
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`Then three months later, the user experiences water damage from a flood in their
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`house and a new PC is purchased. Upon installation of the protected software the
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`invention will allow the user to obtain additional device installations from the
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`publishers license management server for the same iicense (cg, up to a total of seven
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`devices) even though the device limit is initially set to five. However, if that user shares
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`MESS—l
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`5
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`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 5
`
`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 5
`
`

`

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`their license with all the computer users in a college dormitory, the invention can be set
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`to stop wholesale abuse of the license terms, as described in further detail herein.
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`In accordance with one or more aspects of the embodiments described herein,
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`there is provided a system for adjustable digital licensing overtime allows a software
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`user to increase the number of devices they can use with a particular software license
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`over the period of ownership of that license. The terms or rules 60 of an exemplary
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`software license are shown in Figure 1. For example, initially, the publisher or
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`distributor of the software sets rules 60 that govern the use of the software on a specific
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`number of devices. The number of devices allowed to run the software in an authorized
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`10
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`or enabled state may increase over time to reflect the normal usage pattern of software
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`users where the user adds devices, replaces or upgrades devices overtime. The rules 60
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`may reflect this pattern of an increasing number of devices authorized over time. For the
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`first five days of the users use of the software a total of five devices can be authorized
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`on new devices. For the next twenty-five days until the thirtieth day after first
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`authorization, the user is allowed to authorize a total of seven new devices. After the
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`first thirty days an additional four devices can be authorized, delivering the maximum
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`number of copies on separate devices under the license which, in this example
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`embodiment, is eleven.
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`It is noted that the various numbers used to describe the embodiments herein,
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`such as, for example, the allowed copy counts, the maximum number of devices
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`authorized for use, the upper limit on the number of devices for a given time period, or
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`the like, are purely exemplary, and that other numbers, data, values, or algorithms may
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`be used in lieu of the exemplary numbers herein.
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`In related aspects, Figure 2 shows an example embodiment of a software system
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`25
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`that is designed to manage and implement the rules under a license, such as, for
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`example, the licensing terms 60 described in iiigure 1. Device locked iicense systems
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`such as described in US. Patent No. 5,490,216, entitled “SYSTEM FOR SOFTWARE
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`REGISTRATION," which is specifically incorporated herein, in its entirety, by
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`reference, allow a software license to be locked to a license agreement and specific
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`authorized devices. With continued reference to Figure 2, there is shown a system
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`comprising a device 50 that requests authorization via a software process, and a
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`24255-1
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`6
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`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 6
`
`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 6
`
`

`

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`licensing authority 55 that may be a software system that represents the publisher or
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`distributors interests and regulates the number of devices that can be used with each
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`license.
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`Typically the device 50 requesting authorization collects license related
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`information 10 and unique device identifying information 11, complies the coiiected
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`information into a communication and sends it to the authorization authority 55. Upon
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`receipt of this communication from the device 50, the license authority 55 checks that
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`the license information is valid (step 13). If the request fails, an authorization is
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`disallowed (step 14) and the device based software is sent a message to this effect. In
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`practice this may involve further action by the device based software to notify the user
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`of the faiiure to authorize and then either terminate the software or allow the software to
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`continue in some form of trial mode or the like.
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`If the request for authorization 12 includes license information/data that is valid,
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`the license information checking process (at step 13) will pass and the requesting
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`15
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`devices unique identity information 11 is checked to see if it exists in the database of
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`prior authorizations 15. If the device identity exists (step i6), meaning that the software
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`has been successfuily registered on the same device in the past, then according to the
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`license terms 60 for the software a re—authorization is automatically ailowed (step 17). A
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`communication allowing the software to continue in an authorized state is passed to the
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`requesting device software 50 and the software on the device is subsequently authorized
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`(step 18) and allowed to run.
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`If the unique identity of the device 11 is not in the authorization database 15 of
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`previous device requests, then the licensing authority 55 checks to see if the new
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`authorization request is the first request or is a subsequent request that has occurred in
`the first five days from the date of the first successful authorization (step 19).
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`25
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`At step 19, if the request is within the first five day period, the authorization
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`database 15 is consulted for a count of how many successful authorizations for new
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`devices have been allowed. Under the license rules 60, if the device count is less than
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`five then a message is sent to the request device that allows the software to continue in
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`an authorized state (step 18). if the device count is equal to five then the licensing
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`authority 55 may send a message to the requesting device 50 aliowing the device to run
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`242553
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`7
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`
`
`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 7
`
`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 7
`
`

`

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`in an authorized state (step 18), but also may optionally inform the user that the limit of
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`the number of devices available to run under this license has been reached and that
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`subsequent requests for authorization may be denied in the short term (step 22).
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`if the count of devices authorized for use with the specific license 10 is greater
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`than five (step 23), then the licensing authority 55 sends a message denying
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`authorization (step 25) and the user is optionally notified that the limit of devices that
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`can be authorized with their license terms has been exceeded (step 24). In practice, the
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`software on the requesting device 50 may subsequentiy terminate the software or may
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`ailow the software to run in a limited trial mode if this is available.
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`10
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`if the number of days since the first authorization of a device for the license 10 is
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`not less than six (step 19), then the licensing authority tests the time elapsed from the
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`first successful authorization to see if it is less than thirty-one days since the date and
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`time of the first successful authorization (step 26). If this test at step 26 is successful
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`(i.e., if the time elapsed since the first successful authorization is less than thirty-one
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`15
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`days), then a test is made to see if the count of successful new device authorizations is
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`less than seven (step 27). If this is so, a communication is made to the requesting device
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`50 authorizing the device 50 to run the software (step 28). If the new device count is
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`equal to seven (step 29), then the user is warned that their device limit has been reached
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`(step 30) and the device 50 is subsequently authorized to run (step 28).
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`2t)
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`However, if the new device count is greater than seven (step 31), a
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`communication is made to the requesting device 50 that the authorization is denied (step
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`33) and optionally the user is notified that their license device count has been exceeded
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`(step 32).
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`if the number of days since the first successful authorization is greater than thirty
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`25
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`days (step 34), the device count for the license 10 is checked in the authorization
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`database 15 and the device count for the license 10 retrieved. If the number of
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`successful new device authorizations is ten or less (step 35), then the device
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`authorization is allowed (step 36). If the device count is equal to eleven (step 37), then
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`the user is optionally warned that they have reached the limit (step 38) and the device 50
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`30
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`is authorized to run (step 36).
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`24255.»!
`
`
`
`'
`
`8
`
`
`
`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 8
`
`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 8
`
`

`

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`However if the device count is greater than eleven (step 39), then a
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`communication is made to the requesting device 50 that the user be optionally notified
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`that the maximum number of allowed devices under terms of the iicense has been
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`exceeded (step 40) and the authorization is denied (step 41).
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`The result is a license system that allows consumers of softWare to load their
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`software on new or replacement devices as they are purchased over time without
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`exposing the publisher to copying abuses that is common amongst software pirates and
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`casual software copiers.
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`In one alternative embodiment, there is provided a license management system
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`10
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`that is linked to a fixed calendar date rather than the date of first successfui
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`authorization. This approach can be used for marketing and distribution purposes such
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`as specifying specific periods of high copy counts to encourage word of mouth and user
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`to user sharing but later restricting the device count to encourage peeple to begin paying
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`for copies that have been intentionally shared.
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`l5
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`It is noted that the example embodiment of Figures 1 and 2 is simple for the
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`purposes of understanding but can include any number of evaluation periods, not just
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`the five, thirty and unlimited day periods described in the example. Also the number of
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`notification stages can be indefinitely expanded, for example the user could be given a
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`polite message encouraging them to be carefui with making copies when they are two
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`20
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`copies away from their count limit and a stronger message when it is their last copy
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`before being denied authorizations. Messages could also optionally tel} the user how
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`many days they have to wait before additional device authorizations will be available.
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`It is further noted that in Figure 1 and 2 the allowed copy count increases over
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`time. An alternative embodiment could be used Where the allowed copy count decreases
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`25
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`over time. This may be useful in a situation, for example, where the publisher supplies
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`their software with a fairly open device count license rule but discovers individual
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`instances of copy abuse and decides to iimit the license terms of those specific licenses.
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`The described system could also be used with authorizations for software that is
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`rented or otherwise allowed to be used for a specific period of time or number of uses
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`30
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`rather than indefinitely as in the example embodiment of Figures 1 and 2.
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`24251.1
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`9
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`Amazon v. Uniloc, |PR2017-00948
`Uniloc's Exhibit 2004, page 9
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`Amazon v. Uniloc, IPR2017-00948
`Uniloc's Exhibit 2004, page 9
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`Another alternative embodiment of the above scenarios could include an
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`algorithm rather than an arbitrary value in calculating both the time period for the
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`calculation of the device count, and the device count related to that specific measured
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`time period. For example, the algorithm for the available device count could be equal to
`the number of elapsed days since the first successful activation divided by five in
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`brackets plus five. Using the example algorithm a device count of five would be
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`available from day one, and a device count of eleven at day thirty and so on.
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`In yet another alternative embodiment, the techniques described herein may he
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`used for security applications where access is granted to data or some other valuable or
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`10
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`important item as a result of a successful authorization rather than in the example of
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`Figures 1 and 2 where it is a license that is being granted.
`In accordance with one or more aspects of the embodiments described herein,
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`there is provided a method for adjusting a license for a digital product over time. The
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`license rules may comprise at least one allowed copy count corresponding to a
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`15
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`maximum number of devices authorized for use with the digital product. With reference
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`to the flow chart shown in Figure 3A, there is provided a method 300 that may involve
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`receiving a request for authorization to use the digital product on a given device (step
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`310). The method 300 may further involve verifying that a license data associated with
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`the digital product is valid based at least in part on a device identity associated with the
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`given device (step 320).
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`In response to the device identity already being on a record, the method 300 may
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`involve allowing the digital product to be used on the given device (step 330). In
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`response to the device identity not being on the record, the method 300 may involve
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`setting the allowed. copy count to a first upper limit for a first time period after an initial
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`25
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`authorization of the digital product (step 340). The method 300 may further involve
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`calculating a device count corresponding to total number of devices already authorized
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`for use with the digital product (step 350), and when the calculated device count is less
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`than the first upper limit, allowing the digital product to be used on the given device
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`(step 360).
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`30
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`With reference to Figure 3B, in on