throbber
United States Patent [19J
`Wolfe et al.
`
`[54] PROGRAMMED MUSIC ON DEMAND FROM
`THE INTERNET
`
`[75]
`
`Inventors: Robert L. Wolfe, c/o The MusicBooth
`LLC, 39 Regal Dr., New Rochelle, N.Y.
`10804; Jeffrey Pinals, New York, N.Y.
`
`[73] Assignee: Robert L. Wolfe, New Rochelle, N.Y.
`
`[21] Appl. No.: 08/822,313
`
`[22] Filed:
`
`Mar. 21, 1997
`
`[60]
`
`[51]
`[52]
`
`[58]
`
`[56]
`
`Related U.S. Application Data
`
`Provisional application No. 60/032,141, Dec. 9, 1996.
`Int. Cl.6
`..................................................... H04N 1/413
`U.S. Cl. ....................... 709/206; 395/200.33; 705/26;
`348/3; 348/6
`Field of Search ......................... 395/200.32, 200.33,
`395/200.36, 200.47, 200.49; 705/26; 348/6,
`3, 7, 10, 12, 13
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`5,155,591
`5,319,455
`5,341,350
`5,355,302
`5,404,566
`5,491,838
`
`10/1992 Wachob .
`6/1994 Roarty et al. .
`8/1994 Frank et al. .
`10/1994 Martin et al. .
`4/1995 Wehrmeyer .
`2/1996 Takahisa et al. .......................... 455/66
`
`I 1111111111111111 11111 lllll lllll lllll 111111111111111 lllll 111111111111111111
`US005931901A
`[11] Patent Number:
`[45] Date of Patent:
`
`5,931,901
`Aug. 3, 1999
`
`5/1996 Carles .
`5,515,098
`7/1996 Story.
`5,541,638
`5,572,442 11/1996 Schulhof et al. .
`5,636,346
`6/1997 Saxe.
`5,652,615
`7/1997 Bryant et al. .
`5,661,516
`8/1997 Carles .
`5,682,525 10/1997 Bouve et al..
`5,704,017 12/1997 Heckerman et al. .
`5,708,478
`1/1998 Tognazzini .
`5,721,827
`2/1998 Logan et al. .
`5,724,521
`3/1998 Dedrick.
`5,726,909
`3/1998 Krikorian .
`5,734,119
`3/1998 France et al. .
`5,758,257
`5/1998 Herz et al. .
`5,761,601
`6/1998 Nemirofsky et al. .
`
`Primary Examiner-Thomas R. Peeso
`Attorney, Agent, or Firm----Ostrolenk, Faber, Gerb & Soffen,
`LLP
`
`[57]
`
`ABSTRACT
`
`A system and method for delivering programmed music and
`targeted advertising messages to Internet based subscribers
`includes a software controlled microprocessor based reposi(cid:173)
`tory in which the dossiers of a plurality of the subscribers are
`stored and updated, musical content and related advertising
`are classified and matched. A subscriber has an appropriate
`microprocessor based device capable of selecting informa(cid:173)
`tion and receiving information from the Internet. The sub(cid:173)
`scriber receives the programmed music and matched adver(cid:173)
`tisements from the repository over the Internet.
`
`20 Claims, 3 Drawing Sheets
`
`16a
`
`14a
`
`(ff5}~2
`~
`
`21
`
`19
`
`~ y
`
`10
`
`CPU
`
`24
`
`28
`
`ADVERTISER
`MARKETING
`CRITERIA
`DATABASE
`
`SUBSCRIBER
`PROFILE
`DATABASE
`
`20
`
`22
`
`0
`p
`E
`R
`A
`T
`0
`R
`
`OPERATION/
`CONTROL
`
`32
`
`26
`
`AD
`CONTENT
`DATABASE
`
`MUSIC/
`CONTENT/
`CRITERIA
`DATABASE
`
`30
`
`FUBOTV AND WWE EXHIBIT 1010
`Page 1 of 9
`
`

`

`U.S. Patent
`
`Aug. 3, 1999
`
`Sheet 1 of 3
`
`5,931,901
`
`12a
`
`14a
`
`16a
`
`18
`
`19
`
`ADVRT
`#1
`
`ADVRT
`#2
`
`21
`
`ADVRT
`#N
`
`10
`
`CPU
`
`24
`
`28
`
`ADVERTISER
`MARKETING
`CRITERIA
`DATABASE
`
`SUBSCRIBER
`PROFILE
`DATABASE
`
`20
`
`22
`
`0
`p
`E
`R
`A
`T
`0
`R
`
`OPERATION/
`CONTROL
`
`32
`
`AD
`CONTENT
`DATABASE
`
`26
`
`FIG. 1
`
`MUSIC/
`CONTENT/
`CRITERIA
`DATABASE
`
`30
`
`FUBOTV AND WWE EXHIBIT 1010
`Page 2 of 9
`
`

`

`U.S. Patent
`
`Aug. 3, 1999
`
`Sheet 2 of 3
`
`5,931,901
`
`54
`
`SERVICE
`CUSTOMER
`REQUEST
`
`CUSTOMER
`SERVICE
`
`HOUSEKEEPING/
`DATABASE
`MANAGEMENT/
`CUSTOMER RELATIONS
`
`50
`
`56
`
`YES
`
`FIG. 2
`
`CREATE/UPDATE
`ADVERTISER
`DATABASE
`
`CREA TE/UPDATE
`LISTENER
`PROFILE
`
`CREATE/UPDATE
`MUSIC
`CONTENT
`
`CREATE/UPDATE
`AD CONTENT
`
`NO
`
`BILLING/
`CUSTOMER
`RELATIONS
`
`PAY LICENSE
`ROYALTY
`BILL CUSTOMER
`
`SIGN UP NEW
`ACCOUNTS
`
`60
`
`62
`
`64
`
`66
`
`DISTRIBUTE
`PROGRAMS/
`WEB PAGE
`CONTROL
`
`82
`
`NO
`
`84
`
`GENERAL
`FUNCTION
`
`PROTOCOLS FOR
`PACKETS
`CREATION
`
`PRODUCT
`ORDERING
`& BILLING
`
`86
`
`88
`
`90
`
`FUBOTV AND WWE EXHIBIT 1010
`Page 3 of 9
`
`

`

`U.S. Patent
`
`Aug. 3, 1999
`
`Sheet 3 of 3
`
`5,931,901
`
`REQUEST MESSAGE
`
`REGISTER REQUEST
`
`CREATE
`
`---------~-~-~~~~-------- f - - - IN ~~~2~f ltG -- RESPONSE PACKET
`DATA CONTENT ID
`AUDIO MESSAGE ID 1 OO
`
`102
`
`104
`
`CHECK ACCESS
`AUTHORIZATION
`ENTITLEMENTS
`
`106
`
`IF
`AUTHORIZED
`
`VALIDATE
`DATA CONTENT
`AUTHORIZATION
`
`IF
`DENIED
`
`VALIDATE
`AUDIO MESSAGE
`AUTHORIZATION
`
`110
`
`IF
`AUTHORIZED
`
`CREATE
`TYPE ACCESS DENIED
`MESSAGE
`
`118
`
`LOOKUP
`AUDIO MESSAGE
`BY REQUEST
`
`126
`
`ADD
`TYPE DENIED MESSAGE
`(DATA OR AUDIO)
`TO
`RESPONSE PACKET
`
`120
`
`ADD
`AUDIO MESSAGE
`TO
`RESPONSE
`PACKET
`
`128
`
`122
`
`REGISTER
`TYPE DENIED
`MESSAGE
`DELIVERY IN
`ACCOUNTING
`DATABASE
`
`REGISTER
`UDIO MESSAGE
`DELIVERY IN
`ACCOUNTING
`DATABASE
`
`130
`
`IF
`AUTHORIZED
`
`LOOKUP
`DATA CONTENT
`BY REQUEST
`
`ADD
`DA TA CONTENT
`TO
`RESPONSE
`PACKET
`
`REGISTER
`DATA CONTENT
`DELIVERY IN
`ACCOUNTING
`DATABASE
`
`112
`
`114
`
`116
`
`FIG. 3
`
`DELIVER
`RESPONSE PACKET
`
`124
`
`FUBOTV AND WWE EXHIBIT 1010
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`
`

`

`5,931,901
`
`1
`PROGRAMMED MUSIC ON DEMAND FROM
`THE INTERNET
`
`CROSS REFERENCE TO RELATED
`APPLICATION
`
`Under the provisions of 35 U.S.C. ยง120, this application
`claims priority to related U.S. Provisional Application Ser.
`No. 60/032,141, filed Dec. 9, 1996 and entitled PRO(cid:173)
`GRAMMED MUSIC ON DEMAND FROM THE INTER(cid:173)
`NET.
`
`BACKGROUND OF THE INVENTION
`
`The present invention relates to a method and apparatus
`for transmitting and receiving programmed music to and
`from the Internet to subscribers of the programmed music,
`where the programmed music received by the subscribers
`includes targeted advertising according to predetermined
`criteria.
`Public and network television and radio stations have for
`decades distributed proprietary copyrighted subject matter
`to the viewing and listening public without any charge due
`to the sponsorship and financing of these programs by
`various advertisers and/or governmental bodies. With tele(cid:173)
`vision and radio broadcast, it is difficult if not impossible to
`deliver specific advertisement messages to finely selected
`audiences since audience targeting is possible only on the
`basis of broad geographical areas, e.g. the city of New York.
`It is impossible to target individuals, or individuals who
`share a common trait, e.g. a certain age range, educational
`background, etc.
`In contrast, the Internet communicates ( at least along a
`portion of its path) over personal communication lines, i.e.
`the telephone. This enables sending of tailored messages
`between the ultimate recipient of specific information and
`the source of the information, e.g. a website, an Internet
`Service Provider, etc. Traditionally, proprietary, e.g.
`copyrighted, information could be downloaded from the
`Internet. In most cases, charge accounts are established with
`an Internet Service Provider and the recipient of the propri(cid:173)
`etary data content pays for those services and/or informa(cid:173)
`tion.
`It is desirable to provide an Internet based system for the
`dissemination of valuable proprietary information free of
`charge, just as it is provided through network television and
`radio stations without any costs to the ultimate user/
`subscriber and with advertiser sponsorship thereof targeted
`to the subscriber.
`
`SUMMARY OF THE INVENTION
`
`Accordingly, it is a general object of the present invention
`to provide programmed music via the Internet to numerous
`subscribers without any charge to the subscribers.
`It is a further object of the invention to provide pro(cid:173)
`grammed music to the general public in a manner which
`facilitates the bundling of such programmed music with
`advertisement copy tailored to the individual, to thereby
`underwrite the cost of supplying to members of the public
`valuable music and other data containing information.
`It is a further object of the invention to provide advertisers
`a method of targeting music consumers meeting a profile
`designated by the advertiser which assures that the targeted
`music consumer receives a massage tailored for such con(cid:173)
`sumer.
`It is a further object of the invention to provide a system
`of the above type which is easy to use and implement.
`
`2
`The foregoing and other objects of the invention are
`realized in accordance with a preferred embodiment of the
`present invention which includes a software-controlled and
`microprocessor-based repository in which the dossiers of a
`plurality of subscribers are stored and updated. Subscribers
`use their own microprocessor-based systems to receive the
`programmed music and advertisements from the repository
`over the internet via their PCs.
`The system handles advertisers by creating advertiser
`10 dossiers containing the amount of advertising time pur(cid:173)
`chased by each advertiser, the amount used up and the
`amount remaining to be used ("available allocation"). The
`advertiser dossiers also contain specification of the desired
`consumer profiles to be targeted, specification of the cat-
`15 egory of products or services to be advertised, specification
`of any territorial or local time requirements or preferences,
`and a key to the location of the audio advertising content.
`The present invention includes a repository, i.e. database,
`in which all musical content is stored and updated in either
`20 or both digital or analog form. Each item of music content
`is cataloged, defining the nature or category of the contents,
`the identity of the copyright holder or holders, the charac(cid:173)
`teristics of the desired consumer or subscriber, the category
`of any product or service the advertising for which is not to
`25 be annexed to the content, and any limitation on the avail(cid:173)
`ability of the content. The content is converted to digital
`form for delivery over the Internet. The content may further
`be encoded to prevent unauthorized duplication and to
`identify the subscriber to whom the content is to be deliv-
`30 ered.
`The database also includes the identity of each copyright
`holder of the music content and an audio message identify(cid:173)
`ing the artist and/or the copyright holders of each item of
`music content ("identity audio message").
`A separate database is used to store and update the
`advertising content, again in either digital or analog form,
`later to be linked and transmitted to the ultimate consumer/
`subscriber. The advertisements are converted to digital form
`40 for delivery as audio messages over the Internet. The audio
`content of the database may include generic audio messages.
`In operation, the subscriber selects the content which he
`or she desires to receive, and the content is placed in a queue
`for transmittal to the subscriber. Based on the profile of the
`45 content, a determination is made by the CPU based system
`as to which advertising copy-there may be many different
`ones-is appropriate to be delivered to the particular sub(cid:173)
`scriber. The system then selects from a set containing
`numerous, different advertising messages those items that fit
`50 the subscriber and which also have "available allocation."
`From the advertising messages that can be transmitted, the
`next available advertising message is selected. In effect,
`advertisers buy the right to have their messages played a
`given number of times. If their available allocation of
`55 advertising play time has run out, they must replenish their
`account or their advertising message(s) will not be trans(cid:173)
`mitted to subscribers.
`Finally, the selected advertising message is affixed to the
`next generic message in the queue or to the applicable artist
`60 (composition) identity audio message. The system automati(cid:173)
`cally links the advertising message, the generic or identity
`audio message and the subscriber selected content into a
`single data stream to be transmitted to the subscriber over
`the Internet. In constructing the stream, the system overlays
`65 the generic or identity audio message onto the music content
`so that, when delivered, the audio generic message and the
`audio content can both be heard by the subscriber simulta-
`
`35
`
`FUBOTV AND WWE EXHIBIT 1010
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`

`

`5,931,901
`
`3
`neously. The completed data stream is then delivered to the
`subscriber in a single, inseparable stream of data packets
`over the Internet.
`Other features and advantages of the present invention
`will become apparent from the following description of the
`invention which refers to the accompanying drawings.
`
`BRIEF DESCRIPTION OF IBE DRAWING
`
`For the purpose of illustrating the invention, there is
`shown in the drawings a form which is presently preferred,
`it being understood, however, that the invention is not
`limited to the precise arrangement and instrumentalities
`shown.
`FIG. 1 is a block diagram of the basic system hardware 15
`arrangement of the present invention.
`FIG. 2 is a block diagram of major software blocks of the
`present invention.
`FIG. 3 shows a block diagram of the software control and
`protocol flow suitable for implementing a portion of the
`preferred embodiment of the present invention.
`
`4
`databases including an advertisers/marketing criteria data(cid:173)
`base 24 in which it stores the advertising preferences of the
`advertisers 18, 19 ... 21, e.g. the type of subscribers that
`these advertisers would like to reach, their geographic
`locations and the system usage privileges and/or credit
`balance of these advertisers.
`The database 26 stores the advertisement content, i.e. the
`actual advertising copy of the various advertisers 18, 19 ...
`21. Note that any one of the advertisers 18, 19 ... 21 can
`10 have several different audio messages stored for transmittal
`to different classes of subscribers 12, 14 ... 16.
`The subscriber profile database 28 contains the actual
`profiles of the individual subscribers 12, 14, 16, specifying
`for each subscriber criteria as, for example, age, demo(cid:173)
`graphic data, education, sex, ethnic background, musical
`selections previously or simultaneously made by the
`subscriber, purchasing habits and the like. Finally, the large
`library of selectable/searchable music content is stored in the
`database 30. This database includes the musical work, the
`20 profile of the work, the audio identity of the artist and
`copyright holders, and an audio statement of the artist.
`Together, these databases enable the present invention to
`attain its objective of matching music with audio advertise-
`25 ment copy to be transmitted to the individual subscribers.
`The operation/control block 32 contains the executable
`portion of the program code which runs the CPU 10 and
`which controls the overall operation of the system of the
`present invention.
`FIG. 2 illustrates a representative (non-limiting) flowchart
`of the overall software functions performed by the CPU 10
`of FIG. 1. Proceeding from the starting/initialization soft(cid:173)
`ware block 50, the program proceeds to decisional block 52
`where it queries what major function is to be performed. If
`35 the major function is a response to a request from a customer
`for music, the program proceeds to the set of routines 54
`which involve the servicing of a customer request and which
`are more fully described further on by reference to FIG. 3.
`Otherwise, the program proceeds to software block 56 to
`40 handle general housekeeping, database management and
`customer and business relations. At decisional block 58, the
`program further determines whether the requested task is to
`manage the databases or other functions. If database
`management, the program proceeds to block 60 to execute
`45 a series of program functions involving the creation or
`updating of the advertiser database (element 24 of FIG. 1)
`which contains the names of the advertisers, individuals at
`advertisers to be contacted, billing information, prepaid
`advertising time available for each advertiser and a range of
`50 other business information and criteria. Most importantly for
`the present invention, this database also specifies for each
`particular advertiser the type, i.e. the profile of the
`subscribers/listeners which the particular advertiser would
`like to target and the advertising audio content code for each
`55 target. It is not necessary to limit the specification to a
`narrow class of individuals. Several classes can be identified
`and prioritized. Moreover, each advertiser may have differ(cid:173)
`ent renditions of audio advertising copy to be directed to
`different audiences, i.e. classes of listeners.
`From block 60 the program proceeds to block 62 where it
`performs similar functions for the subscriber/listener data(cid:173)
`base 28. For each subscriber that is being added to the
`database or whose profile is being updated, the program lists
`personal data including ( as already mentioned) age,
`65 education, income, musical selections previously or simul(cid:173)
`taneously made by the subscriber, purchasing habits, etc.
`This database can also include a field in which the subscriber
`
`DETAILED DESCRIPTION OF IBE
`INVENTION
`
`30
`
`In general terms, the present invention comprises a soft(cid:173)
`ware controlled CPU, e.g. a microprocessor, based reposi(cid:173)
`tory in which the dossiers of a plurality of subscribers are
`stored and updated. The information contained in the dos(cid:173)
`siers includes the type of music that the subscribers enjoy,
`the buying habits of the subscribers and the musical selec(cid:173)
`tions previously or simultaneously made by the subscribers.
`Preferably, the subscribers receive the programmed music
`and advertisements from the repository over the Internet.
`However, the invention is applicable to communications
`between system and subscribers that use non-Internet
`channels, e.g. cable, direct broadcast, or any means of
`communication provided the method of communication
`permits delivery of an identified audio and/or audio video
`message to an identified specific subscriber. The specific
`musical material and advertisements transmitted may vary
`as a function of the information contained in the dossiers of
`the subscribers. In addition, the dossiers may change from
`time to time with a resulting change in music and adver(cid:173)
`tisement programming. Further, the programmed music and
`advertisements may change as a function of the time of year
`or other conditions.
`Referring to FIG. 1, the physical hardware/software con(cid:173)
`figuration of the present invention preferably comprises a
`central processing unit (CPU) 10 which interfaces via the
`Internet 20 with a plurality of subscriber operating PCs 12,
`14 . .. 16 (or other device capable of receiving individual(cid:173)
`ized content for audio and/or video production) which
`respectively have speakers 12a, 14a . . . 16a to play
`programmed music or other audio information which is
`transmitted to them via the Internet 20. As already
`explained, in accordance with the present invention, the
`music being transmitted over the Internet to the subscribers
`is bundled with targeted advertising material in the form of
`audio messages tailored to the subscriber or musical profile 60
`paid for by advertisers 18, 19 ... 21.
`The CPU 10 may be any type of computer system, for
`example a mainframe, a server-based system of PCs, a
`stand-alone microprocessor and the like. The CPU 10 has
`the usual operator interface, e.g. a keyboard 22 and comple(cid:173)
`ment of memory and IO devices (not shown). Of signifi(cid:173)
`cance here is that the CPU 10 maintains a plurality of
`
`FUBOTV AND WWE EXHIBIT 1010
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`

`

`5,931,901
`
`5
`specifies the type or types of music that the individual
`prefers, to facilitate the system's ability to present to each
`individual a menu of music selection which best fits the
`individual's preferences and music taste.
`Software block 64 attends to and handles the maintenance
`of the actual music content. Each piece of music is classified,
`categorized and included in the database in either analog or
`digital form for future transmission to the subscribers 12, 14
`... 16.
`Similarly, at block 66 the program handles the mainte(cid:173)
`nance and updating of the library of advertising copy, each
`piece of which has been submitted by one or another of the
`advertisers. A single advertiser may have stored one or
`several different advertisements.
`While the inventors contemplate that this advertising copy 15
`will be in the form of audio/musical message, the invention
`is not so limited. Indeed, the invention contemplates that the
`advertising copy may be video information that can be
`played on the subscribers' computer monitors and include
`voice information that will play through the speakers of the 20
`subscriber's equipment. In sum, the program blocks 60, 62,
`64 and 66 are responsible for the handling of all aspects of
`the creation, updating and modification of the large data(cid:173)
`bases with which the CPU 10 of the present invention
`constantly communicates.
`Alternatively, from decisional block 58, the program
`proceeds to decisional block 70 to determine whether it is
`necessary to take care of billing matters. If so, the program
`proceeds to block 72 where the program tallies accounts, 30
`listing the frequency of play and transmission of music and
`data stored in database 64 to subscribers. The program
`proceeds to block 60 to decrement advertising availability.
`Together, this information is useful, for example, for calcu(cid:173)
`lating (if necessary) royalty fees payable to the owners of the 35
`music and to provide "play" statistics for the music industry
`on a current and accurate basis. The block 72 further tackles
`the task of preparing billing data for advertisers. For
`example, the system may allow certain advertisers to operate
`without prepaid credit balances. In this case, as the adver- 40
`tisements of the particular advertiser are being sent to
`subscribers, an accounting is made of the total advertising
`air time used and that advertiser may be billed accordingly
`on a monthly, bi-monthly or other basis.
`Another software task of the CPU based system 10 is 45
`executed at software block 74 which is dedicated to the tasks
`of interfacing, via the Internet, with existing or potential
`subscribers and advertisers for purposes of signing up such
`subscribers and advertisers, providing information regarding
`billing data and available music, answering general inquiries
`through the running of an automatic voice mail system, a
`web page or the like.
`From decisional block 70, the program also has the option
`of proceeding via decisional block 80 to block 82 which is
`responsible for the distribution of one or several free pro- 55
`grams which may be used for controlling the local PCs 12,
`14 . .. 16 to play the received music and/or to interface with
`the CPU 10 (which may be made available through a web
`page on the Internet). Such programs downloaded from the
`web page, which operate in conjunction with the system of 60
`the present invention, provide various functions including
`allowing subscribers to automatically call up the CPU 10,
`automatically make music selections and the like.
`Other functions provided by the software of the present
`invention are shown by proceeding from the decisional 65
`block 80 to block 84 which broadly designates the general
`class of miscellaneous functions performed in the system of
`
`6
`the present invention. This includes, as shown in block 86,
`software which contains and carries out the protocols for
`creating packets of digital information which are to be
`transmitted to subscribers. Another function involves secu(cid:173)
`rity which is handled by software block 88. Security
`includes the encoding and decoding of music and advertis(cid:173)
`ing copy that is transmitted over the Internet. It further
`includes encoding and decoding music in a manner that
`ensures that the ultimate subscribers can not separate the
`10 music from the advertising copy and/or copy it for their
`personal use and dissemination, in violation of licensing
`terms.
`Software block 90 generally designates a portion of the
`program which interfaces with subscribers for the purposes
`of allowing subscribers to place orders for products or
`services that are advertised or presented in the advertising
`messages that are appended to the music. In well known
`manner, the various software routines eventually reach end
`block 67, so that the program may loop and return to the start
`block to permit the orderly and reliable operation thereof.
`The specific task of responding to a subscriber's request
`for particular musical works and the delivery of that music
`to the subscriber is illustrated in the general software block
`diagram of FIG. 3. At block 100, the program initiates a
`search for the specific piece of music or other data content
`the subscriber has requested. The program proceeds to
`software block 102 where the request for the particular
`music/information is recorded in the accounting database
`and an independently running subroutine at block 104
`proceeds to create a "response packet" for the individual
`subscriber. Such a response packet typically consists of one
`or more pieces of music which has been encoded/encrypted
`for transmittal over the Internet, to which an advertiser's
`message for each piece has been appended as a leader or
`header thereof, along with a generic or music specific voice
`over. Also, a message may be appended at the end of each
`piece of music, for example, in the form of a statement from
`the artist, i.e. "a wrapper".
`While the response packet is being prepared at block 104,
`the program proceeds to block 106 to determine the avail(cid:173)
`ability of the selection. If available, the program proceeds to
`block 108 pertaining to music data selection and block 110
`for advertiser selection. If an audio message is authorized to
`be added, the program proceeds from block 110 to validate
`and attend to the audio message authorization. If authorized,
`the audio message is looked up at block 126 (from database
`block 66) and is added to the response packet at block 128.
`Block 130 registers the audio message delivery in the
`accounting database at block 130, as previously described.
`The program proceeds to block 124 which consists of a
`sequence of software instructions that are responsible for
`adding the response packet to the queue at block 104.
`As described above, simultaneously, block 108 validates
`content authorization by prohibiting replay of the same
`music in a single request and limiting the number of requests
`to a programmed limit, i.e., 10 selections. If the request is
`validated, the program proceeds to collect the musical
`work(s) selected and its related generic or individualized
`identity audio message at block 112 and 114. The program
`then delivers the partial response packet at block 124 where
`it is appended to the audio message packet and delivered to
`block 104 ready to receive further response packets, if any,
`and for delivery via block 10 to subscribers ... 12, 14, 16.
`However, if no authorization to provide a particular type
`of response packet is noted, the program creates at software
`block 118 an "access denied" message which is then trans-
`
`25
`
`50
`
`FUBOTV AND WWE EXHIBIT 1010
`Page 7 of 9
`
`

`

`5,931,901
`
`7
`mitted without any music or other data content ( other than
`a request to select another offering) to the subscriber at block
`124. Simultaneously, a record of the inability to deliver the
`particular subscriber selection is registered in software block
`122.
`Thus, the present invention achieves its objectives by
`providing a software controlled microprocessor based
`repository in which the dossiers of all advertisers are stored
`and updated. The information contained in the dossiers
`contains the amount of advertising purchased, the amount
`used and the amount remaining to be used ("available
`allocation"), a specification of the desired consumer profile,
`a specification of the category of product or service to be
`advertised, a specification of any territorial or local time
`requirements or preferences, and a key to the location of the 15
`audio advertising content.
`The present invention includes a software controlled
`microprocessor based repository in which all site content is
`stored and updated in either or both digital or analog form
`for either audio or audio/video delivery. Each item of 20
`content is catalogued defining the nature or category of the
`content, the identity of the source, the profile of the expected
`consumer or subscriber, the category of any product or
`service which is not to be annexed to the content, and any
`limitation on the availability of the content. Content is 25
`converted to a digital form for delivery over the Internet or
`other communication medium permitting individualized
`delivery. Content is encoded to prevent unauthorized dupli(cid:173)
`cation and to identify the subscriber to whom the content is
`to be delivered.
`The present invention includes a software controlled
`microprocessor based repository in which all advertisements
`are stored and updated in either digital or analog form ready
`to be linked and transmitted. Advertisements are converted
`to a digital form for delivery as audio messages over the 35
`Internet or other communication medium permitting indi(cid:173)
`vidualized delivery.
`The present invention includes software controlled micro(cid:173)
`processor based repository of digital audio content which 40
`contains generic audio messages and/or identity audio mes-
`sages.
`The subscriber selects the content which he or she desires
`to receive, and the content is placed in a queue. Based on the
`profile of the content, a determination is made by the system 45
`as to which advertising messages may be delivered. The
`system determines whether the permitted advertising mes(cid:173)
`sage has available "allocation" and whether other required
`parameters have been met. From the remaining filter, the
`next available advertising message is selected.
`The selected advertising message is then affixed to the
`next generic message in sequence or to the applicable
`identity audio message and is placed in a queue. The system
`automatically links the advertising message, the generic or
`identity message and the subscriber selected content into a
`single data stream along with other such streams pursuant to
`the subscriber's request. In constructing the stream, the
`system overlays the generic or identity message onto the
`content so that, when delivered, the audio generic or identity
`message and the audio content can both be heard by the
`subscriber simultaneously. The completed data stream,
`including all selections, is then delivered to the subscriber in
`a single stream of packets over the Internet or other com(cid:173)
`munication medium, permitting individualized delivery.
`There is no requirement for a one-to-one relationship
`between a musical piece and a class of subscribers. For
`example, a particular advertisement can be classified to be
`
`8
`played to a first class of subscribers as a first choice, to a
`second class of subscribers as a second choice and so on. In
`this manner, an advertiser desiring that its messages reach
`broader audiences may also ear mark its advertisements to
`secondary classes of listeners, thus increasing the versatility
`and usefulness of the present invention.
`Although the present invention has been described in
`relation to particular embodiments thereof, many other
`variations and modifications and other uses will become
`10 apparent to those skilled in the art. It is preferred, therefore,
`that the present invention be limited not by the specific
`disclosure herein, but only by the appended claims.
`What is claimed is:
`1. A method of transmitting programmed information to a
`plurality of users, comprising:
`( a) creating a first database containing a large number of
`discrete data units each of which has a related profile;
`(b) creating a second database containing a variety of
`discrete advertising messages each of which has a
`related profile;
`( c) receiving requests for the data units from the plurality
`of users, and enabling each user to select a desired one
`of said data units;
`( d) appending to the requested data units at least one of
`said advertising messages based upon a matching of
`profile criteria to create a composite response packet in
`the form of a sequential data flow, containing an
`advertising message and a data unit; and
`( e) transmitting the composite response packet to the
`requesting user.
`2. The method of claim 1, including transmitting the
`response packets to the users over the Internet.
`3. The method of claim 1, including transmitting the
`response packets to the users over a cable system.
`4. The method o

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