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`U.S.PATENTS
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`of cited Document
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`Figures Appear
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`6976009
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`2005-12-13
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`Jadayon étal.
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`7069595
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`2006-06-27
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`Coagnigni et al.
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`7085741
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`Lao et al.
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`7203966
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`2007-04-10
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`Abburi et al.
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`U.S.PATENT APPLICATION PUBLICATIONS
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`Chen etal
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`7343297
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`2008-03-14
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`Bergler etal.
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`20020082997
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`20020161718
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`2002-02-14
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`Ganesan
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`Kobata et al.
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`Prahlad etal.
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`2007-08-30
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`Kavuri et al.
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`2007-09-20
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`Liu et al.
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`Examiner] Cite
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`20070282615
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`2007-12-06
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`Hamilton et al.
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`12|20080065552 2008-03-13 Elazaretal.
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`Waites.
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`20080147556
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`2008-06-19
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`Smith etal.
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`20080228578
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`2008-09-18
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`Application Number
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`INFORMATION DISCLOSURE
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`( Not for submission under 37 CFR 1.99)
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`[ 70243-00018
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`70243-00018
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`SYSTEM AND METHOD FOR ADJUSTABLE LICENSING OF DIGITAL
`PRODUCTS
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`Cross-Reference to Related Application(s
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`This application claims priority pursuant to 35 U.S.C, §119(e) to U.S.
`
`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 systemsis the ability to control
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`how many devices are allowed to be used with each product license whichis usually
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`sold to an individual customer or company. For example U.S. Patent No. 5,490,216
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`refers to a system wherea license is given to an individual, but in turn that licenseis
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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
`users.
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`A problem thathas arisen over timeis the fact that consumers of software have
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`normal patterns of use that includethe installation and use of digital products on
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`multiple devices. For example a person may wish ta 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 twoor three times this number of
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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 dilemmain 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 wantthe softwarelicenses 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 ofthe 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 {Tunes which
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`enables customers to play a purchased music file on up to a preset number(e.g., 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 normalattrition
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`that occurs with the purchase and upgrade of personal computing devicesorthe like and
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`places an expectation on the user to go through a numberofinvolved stepsto retain
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`their tights 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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`Summary of the Invention
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`25
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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
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`extensive overview ofall contemplated embodiments, andis intended to neither identify
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`key or critical elements of all embodiments nor delineate the scope of anyorall
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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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`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 over time. The license may comprise at least one allowed 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 one embodiment, a system for adjustable licensing includes: a
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`communication module 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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`processor module,
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`The memory module may include executable code for the processor moduleto:
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`(a) verify that a license data associated with the digital product is valid basedatleast 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, allow the digital product to be used on the
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`given device.
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`The memory module may further include 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 countto a first upper limit for a first time period; (d) calculate a device count
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`cofresponding to total number of devices already 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 onthe given device.
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`In related aspects, the processor module may be adaptedto: (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 upperlimit 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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`upperlimit, allow the digital product to be used on the given device. For example, the
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`second time period may comprise a defined numberof days since theinitial
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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 upperlimit, send a warning regarding the allowed
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`copy count to the given device. The processor module may be adaptedto, in response to
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`the calculated device count exceeding the second upperlimit, deny the request for
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`authorization.
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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 (c) whenthe 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 fo 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 accomplishmentof the foregoing and related ends, the one or more
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`embodiments comprise the features hereinafler fully described and particularly pointed
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`out in the claims. The following description and the annexed drawingsset forth in
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`detail certain illustrative 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 implementedto adjust
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`20
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`the numberof 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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`product.
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`Figure 3A shows one embodiment for a method for adjusting a license for a
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`digital product.
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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 embodimentfor a system for adjusting a license fora 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 like elements throughout. In the following
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`Detailed Description
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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. 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 facilitate describing one or more embodiments.
`The techniques described herein allow for a changing numberof device
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`installations on a perlicense basis over time. Aspects of the techniques may include a
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`customer feedback system that warns a user whenthey are nearing the limit oftheir
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`device installation ceiling for their license. An example scenario could be as follows. A
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`sofiware publisher wants to commencedistribution of a software product and to
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`minimize unauthorized copying of their software, Their license may state that the
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`publisher authorizes the user to use their software on up to, for example, five devices,
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`but that the publisher 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 connects to a license management server controlled by the publisher overthe
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`Internet to ensure thatthe device limit for the individual license has not been exceeded.
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`The customer may choose to install the same software ontheir personal
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`computer (PC) at work. Upon contacting the publishers license management server over
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`the Internet a messageis 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 weekslater the user wishesto install 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 numberof devicesfor the license may have been adjusted to
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`accommodate a reasonable small increase in the number of devices linked to a specific
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`25
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`license and both PCs maybe allowedto install and run even though the publishers
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`stated device limit per license is five.
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`Then three monthslater, the user experiences water damage from a floodin their
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`house and a new PC is purchased. Uponinstallation 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 managementserver for the samelicense (e.g., 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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`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 over time allows a software
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`user to increase the numberof devices they can use with a particular software license
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`over the period of ownership ofthat 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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`numberof 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 over time. The rules 60
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`mayreflect this pattern of an increasing numberof 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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`15
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`authorization, the useris 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 numberof 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 numbersherein.
`
`In related aspects, Figure 2 shows an example embodiment of a software system
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`that is designed to manage and implementthe rules under a license, such as, for
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`example, the licensing terms 60 described in Figure 1. Device locked license systems
`
`such as described in U.S. Patent No. 5,490,216, entitled “SYSTEM FOR SOFTWARE
`
`REGISTRATION,” whichis specifically incorporated herein, in its entirety, by
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`reference, allow a software license to be locked to aJicense agreement and specific
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`30
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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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`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 1], compiles the collected
`
`information into a communication and sends it to the authorization authority 55. Upon
`
`receipt of this communication ftom the device 50, the license authority 55 checks that
`
`the license informationis valid (step 13). If the request fails, an authorization is
`
`disallowed (step 14) and the device based software is sent a messageto this effect. In
`
`practice this may involve further action by the device based software to notify the user
`
`ofthe failure to authorize and then either terminate the software or allow the software to
`
`continue in some form oftrial modeorthelike.
`
`If the request for authorization 12 includes license information/datathatis valid,
`
`the license information checking process (at step 13) will pass and the requesting
`
`15
`
`devices unique identity information 1] is checked to see if it exists in the database of
`
`prior authorizations 15. Ifthe device identity exists (step 16), meaning that the software
`
`has been successfully registered on the same device in the past, then according to the
`
`license terms 60 for the software a re-authorization is automatically allowed (step 17). A
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`communication allowing the software to continue in an authorizedstate is passed to the
`
`20
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`requesting device software 50 and the soflware on the device is subsequently authorized
`
`(step 18) and allowed to run.
`
`If the unique identity of the device 11 is not in the authorization database 15 of
`
`previous device requests, then the licensing authority 55 checksto see if the new
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`authorizationrequest is the first request or is a subsequent request that has occurred in
`
`25
`
`the first five days from the date ofthe first successful authorization (step 19),
`
`At step 19, if the request is within the first five day period, the authorization
`
`database 15 is consulted for a count of how many successful authorizations for new
`
`devices have been allowed. Underthe license rules 60, if the device countis less than
`
`five then a messageis sent to the request device that allows the software to continue in
`
`30
`
`an authorized state (step 18). If the device count is equal to five thenthe licensing
`
`authority 55 may send a message to the requesting device 50 allowing the device to run
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`in an authorized state (step 18), but also may optionally inform the userthat the limit of
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`the numberof 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).
`
`If the count of devices authorized for use with the specific license 10 is greater
`
`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
`
`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 subsequently terminate the software or may
`
`allow the software to run in a limited trial mode if this is available.
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`If the number of days sincethe first authorization of a device for the license 10 is
`
`notless 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 ofthe first successful authorization (step 26). If this test at step 26 is successful
`
`(i.e., if the lime elapsed since the first successful authorization is less than thirty-one
`
`days), then a test is made to see if the count of successful new device authorizationsis
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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
`
`equal to seven (step 29), then the user is warned that their device limit has been reached
`
`(step 30) and the device 50 is subsequently authorized to run (step 28),
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`20
`
`However,if the new device countis greater than seven (step 31), a
`
`communication is made to the requesting device 50 that the authorization is denied (step
`
`33) and optionally the user is notified that their license device count has been exceeded
`
`(step 32).
`
`If the number of days since the first successful authorization is greater than thirty
`
`25
`
`days (step 34), the device count for the license 10 is checked in the authorization
`
`database 15 and the device count for the license 10 retrieved. If ihe number of
`
`successful new device authorizationsis ten or less (step 35), then the device
`
`authorization is allowed (step 36). If the device count is equal to eleven (step 37), then
`
`the user is optionally warned that they have reached the limit (step 38) and the device 50
`
`30
`
`is authorized to run (step 36).
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`Howeverif the device count is greater than eleven (step 39), then a
`
`communication is made to the requesting device 50 that the user be optionally notified
`
`that the maximum number of allowed devices under terms of the license has been
`
`exceeded (step 40) and the authorization is denied (step 41),
`
`i
`
`Theresult is a license system that allows consumers of software to load their
`
`software on new or replacement devices as they are purchased over time without
`
`exposing the publisher to copying abusesthat is common amongst software pirates and
`
`casual software copiers.
`
`In one alternative embodiment, there is provided a license management system
`
`that is linked to a fixed calendar date rather than the date of first successful
`
`authorization. This approach can be used for marketing and distribution purposes such
`
`as specifying specific periods of high copy counts to encourage word of mouth and user
`
`to user sharing but later restricting the device count to encourage people to begin paying
`
`for copies that have been intentionally shared.
`
`15
`
`It is noted that the example embodiment of Figures 1 and 2 is simple for the
`
`purposes of understanding but can include any number of evaluation periods, not just
`
`the five, thirty and unlimited day periods described in the example. Also the number of
`
`notification stages can be indefinitely expanded, for example the user could be given a
`
`polite message encouraging them to be careful with making copies when they are two
`
`20
`
`copies away from their count limit and a stronger message whenit is their last copy
`
`before being denied authorizations. Messages could also optionally tel) the user how
`
`many days they have to wait before additional device authorizations will be available.
`
`It is further noted that in Figure | and 2 the allowed copy count increases over
`
`time. An alternative embodiment could be used where the allowed copy count decreases
`
`25
`
`over time, This may be useful in a situation, for example, where the publisher supplies
`
`their software with a fairly open device countlicense rule but discovers individual
`
`instances of copy abuse and decides to limit the license terms of those specific licenses.
`
`The described system could also be used with authorizations for software that is
`
`rented or otherwise allowed to be used for a specific period of time or numberofuses
`
`rather than indefinitely as in the example embodiment of Figures 1 and 2.
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`Anotheralternative embodiment of the above scenarios could include an
`
`algorithm rather than an arbitrary value in calculating both the time period for the
`
`calculationof the device count, and the device countrelated to that specific measured
`
`time period. For example, the algorithm for the available device count could be equal to
`the number of elapsed days since thefirst successful activation divided by five in
`brackets plus five. Using the example algorithm a device countoffive would be
`
`available from day one, and a device count of eleven at daythirty and so on.
`
`In yet anotheralternative embodiment, the techniques described herein may be
`
`used for security applications where access is granted to data or some other valuable or
`
`10
`
`important item as a result of a successful autho