Case 6:20-cv-00810-ADA Document 73-21 Filed 04/23/21 Page 1 of 8
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`EXHIBIT I
`(Part 2 of 2)
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`Ironic information being transmitted. These costs and band-
`width requirement parameters are taken by the smart router
`31 to route the different media types of the object through
`the transport mechanism which produces the best fit in terms
`of the given cost and bandwidth requirements. For example,
`a textual object may be routed from the yellow page server
`22 to client system 12 through metering server 14 through a
`telephone line. A digital video object in the same electronic
`information which is an attribute of the textual object may
`be routed from the yellow page server 22 to the client system
`12 to the metering server 14 over a local cable transport
`mechanism.
`In one embodiment, the publisher/advertiser 18 of the
`electronic information may label the content which they
`create through the bandwidth requirement and cost param-
`eters of the header block of the electronic information. Thus,
`at the authoring site, the publisher/advertiser 18 inserts the
`desired minimum and maximum bandwidth and the amount
`the publisher/advertiser is willing to pay for those transport
`mechanisms. A person skilled in the art may take standard
`authoring tools such as Microsoft Viewer®, Macromedia
`Director®, or Macromedia Authorware®, and add software
`extensions to them such that a publisher/advertiser 18 uti-
`lizing such publishing tools may insert cost and bandwidth
`requirement parameters in the header block of the electronic
`information through user input via keyboard on an input
`screen of a PC running the publishing tool. Each field may
`then be inserted into a header block that is associated with
`that multimedia element. The electronic information may
`then be downloaded through the network through the yellow
`page server 22. The metering server 14 holds the bandwidth
`and delivery cost parameters regarding the relevant pieces of
`content. When the server requests the content to be
`delivered, the smart router 31 looks at the labels associated
`with each of the multimedia pieces of content as designated
`through the requirement and cost parameters of the header
`block of the electronic information, and determines which
`electronic information needs to be delivered at what quality
`and at what cost for the delivery.
`The smart router 31 then looks at the variety of links
`between the metering server 14 and the consumption device
`12. If there are multiple links available, the smart router 31
`takes advantage of the link which best matches the associ-
`ated label that the author inserted in the header block of the
`electronic information. If there is only one link, then that
`link is used to transport the electronic information. If there
`are multiple links available, a best fit algorithm is used to
`match the quality and cost parameters designated.
`In one embodiment, if the desired communication link
`becomes unavailable, the communication channels are
`switched. For example, if the electronic information stops
`flowing and time-out errors are received, either the metering
`server 14 may retransmit the electronic information, or in the
`alternative, the consumption device 12 may send the meter-
`ing server 14 requests for retransmission of the electronic
`information.
`As shown in FIG. 3a, in one embodiment, the smart router
`module 31 contains a best fit process 80 coupled to a routing
`requirement database 81.
`The minimum and maximum bandwidth requirements
`and cost of delivery parameters taking from the content
`database 34 in metering server 14 is stored in routing
`requirement database 81. The best fit process 80 retrieves the
`minimum and maximum bandwidth requirements and cost
`of delivery parameters, looks at the available channel links
`connecting the metering server 14 and the consumer con-
`sumption device 12 and selects the channel link which best
`
`14
`accommodates the minimum and maximum bandwidth
`requirement and the cost of delivery associated with each
`unit of content to be transmitted.
`As shown in FIG. 4, each clearinghouse server 20 con-
`s tains a demographic database 50, a transaction database 52,
`billing process 54 and a session manager 56. The demo-
`graphic database 50 contains user profile data collected from
`the metering servers 14. The transaction database 52 con-
`tains billing information relating to the end users. The
`in transaction database 52 also contains data relating to the
`accounts of the publishers/advertisers 18. The billing pro-
`cess 54 can access and process data within the databases 50
`and 52. For example, when an end user consumes a unit of
`electronic information, data relating to the consumption of
`15 the electronic information may be sent from the billing
`server 14 to the clearinghouse server 20. The session man-
`ager 56 instructs the billing process 54 to charge the
`publisher/advertiser account within the transaction database
`52. The clearinghouse server 20 may also receive user
`20 profile data from the metering servers 14 which is subse-
`quently stored by the billing process 54 in the demographic
`database 50.
`In one embodiment, the billing process 54 also provides
`the publisher/advertiser 18 with requested user profile data.
`25 For example, the publisher/advertiser may send a unit of
`information along with a request for certain user profile data
`of the end users who view the information. The clearing-
`house server 20 compiles the user profile data of the end
`users who view the information and forward the compiled
`30 user profile data to the publisher.
`The billing process 54 of the clearinghouse server can
`also direct a unit of electronic information to metering
`servers that service end users with a profile that correlates to
`a targeted user profile characteristic. For example, the pub-
`35 Usher may request that a unit of electronic information be
`directed to end users with a certain income, etc. The demo-
`graphic database 50 may contain data relating to which
`metering servers 14 service end users with corresponding
`user profile characteristics. The clearinghouse server 20
`40 correlates the requested user profile data with certain iden-
`tified metering servers and sends the unit of electronic
`information only to the selected metering servers, which
`then forward the electronic information to the end users. The
`clearinghouse server may also have a subscriber database 58
`45 that contains a list of all the metering servers and whether a
`subscribing end user is associated with the metering server.
`If the electronic information provided by the publisher is for
`subscribers, the billing process 54 accesses the subscriber
`database 58 and provides the information to metering serv-
`50 ers that have corresponding subscribers.
`The clearinghouse server 20 correlates the user profile
`data of an end user with a metering server without specifi-
`cally "knowing" the identity of the end user. This feature
`increases the privacy of the end user so that an external
`55 entity cannot find out the type or content of information
`being viewed by a specific end user. The clearinghouse
`server 20 and metering server 14 may also contain access
`control security features which prevent an illegal access of
`the databases that reside within the server.
`60 In one embodiment, the billing process 54 also generates
`bills for the end users and the publishers/advertisers. Upon
`a request from the publisher/advertiser, the session manager
`56 instructs the billing process 54 to generate a bill. The
`billing process 54 retrieves the billing information from the
`65 transaction database 52 and generates a bill. The bill may be
`electronically transferred to the end user or sent through a
`conventional mail service. The billing process 54 may also
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`generate bills that are transmitted to the publishers/
`advertisers. The bill may be generated periodically in accor-
`dance with header information that accompanies the content
`that is generated by a publisher/advertiser. Alternatively, the
`clearinghouse server 20 may utilize consumer credit cards
`and/or bank accounts for billing. For example, amounts
`owed by the consumer for consumption of electronic content
`and amounts due the consumer for consumption of elec-
`tronic advertisements may be charged or credited,
`respectively, to the consumer's credit card or bank account.
`In one embodiment, the clearinghouse server may contain
`a routing database 62 that contains indexes for access to
`databases external to the system. The routing database 62 is
`used to direct access requests to remote databases that do not
`reside in the metering servers 14.
`The clearinghouse server 20 can also credit or debit the
`publisher/advertiser account for electronic information sent
`by another publisher/advertiser. For example, advertising
`information generated by an advertiser and viewed by an
`end user can be credited to the account of a publisher if the
`advertising information is associated with electronic infor-
`mation provided by the publisher. By way of example, the
`clearinghouse server 20 can replace the conventional billing
`system between advertisers and publishers that is present in
`traditional newspaper advertising.
`The metering server 14 is capable of storing units of
`information relating to the content databases of the
`publisher/advertiser, including the entire content database.
`The publisher may periodically update the contents of the
`database. The content may be initially transferred from the
`publisher/advertiser 18 to the clearinghouse server 20,
`which retransmits the content to regional 21 and metering 14
`servers. The content received by the metering server 14 from
`the publisher may include content titles that summarily
`describe the contents and are stored in the index databases
`35 of the metering servers 14. The metering server 14
`transmits the titles and possibly a portion of the content to
`the client systems 12. If the end user wants to consume the
`electronic information, the user generates a request for the
`electronic information, typically by providing an input to the
`GUI of the client system 12. The metering server 14 receives
`the request and sends the information in accordance with the
`metering methodology of the system. In addition, requests
`for electronic information may also be made through the
`appraisal agent 28 of client system 12.
`When an end user requests electronic information, such as
`via an appraisal agent 28, the metering server 14 calculates
`the price of consuming the electronic information from the
`cost type and the cost value associated with the information.
`By way of example, the metering process 36 subtracts the
`price from the account balance and then determines whether
`the result is greater than zero. If the price of consuming the
`electronic information does not exceed the balance, the
`metering server 14 sends the unit of electronic information
`to the end user. If the price does exceed the balance, the
`metering server 14 does not send the electronic information
`to the end user and may inform the end user of the remaining
`balance. If the cost type associated with the information is
`per time or per byte/word, the metering server may periodi-
`cally determine if the balance is being exceeded by the
`consumption of information. The metering server may ter-
`minate the transmission of information if the price of the
`information exceeds the balance. The metering server 14
`may also periodically transfer the balance, the charges and
`the associated billing information of the end user to the
`clearinghouse server 20 for billing.
`In one embodiment, the metering server 14 also transfers
`requested aggregated user profile information to the clear-
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`inghouse server 20. For example, the publisher 18 may
`transfer a unit of information to the metering server 14 via
`the clearinghouse server 20, along with a request to transmit
`aggregated user profile data associated with the end users
`5 who consume the electronic information. When an end user
`requests information, the metering process 36 associates the
`information with the aggregated user profile data of the user
`in the user profile database 30. The metering server 14 then
`sends the user profile data to the clearinghouse server 20
`10 which compiles the data.
`As shown in FIG. 5, the yellow page server 22 contains
`a resident advertising database 70, a calendar database 72, a
`scheduling process 74, an interactive process 76 and a
`session manager 78. The yellow page server 22 receives and
`15 stores electronic advertising information from an advertiser
`18 in the advertising database 70. The advertising database
`70 may contain electronic information that is generated by
`advertisers or by the end users. By way of example, an end
`user generated electronic advertisement may be analogous to
`zo a "classified ad". To create end user generated
`advertisements, the client systems may be provided with the
`same electronic publishing tools as the advertiser. The
`electronic advertising information typically includes adver-
`tising titles. The electronic advertising information may also
`25 have header information containing targeted user profile
`data. The metering process 36 accesses the user profile
`databases and correlates the targeted user profile data with
`metering servers that service end users with the targeted
`profiles. Metering servers with corresponding target profiles
`30 are provided with the advertising titles.
`The calendar database 72 contains advertiser's scheduling
`and availability information. For example, an end user/
`advertiser may generate an advertisement that specifies a
`service such as lawn mowing. The end user/advertiser may
`35 also include an availability schedule within the calendar
`database 72 which allows an end user who consumes the
`advertisement to view and request the service at a specified
`date and time. The scheduling process 74 allows the end user
`to access the calendar database 72 to view and schedule a
`40 time, etc.
`Each client system 12 may have a running cooperative
`process that provides the advertising information to the end
`user. The GUI of the client system may provide a visual or
`audio indication that an advertising title has been received
`45 by the end user computer. The end user can then review the
`advertising title and request the electronic advertisement if
`desired. The metering server then retrieves the electronic
`advertisement from the yellow page server for subsequent
`transmittal to the end user. Although an electronic adver-
`so tisement has been described, it is to be understood that a unit
`of electronic information from a publisher may also be
`distributed to the client systems 12 in this manner.
`Alternatively, the end user may initiate a request of an
`advertising content database 70 such as a "yellow pages"
`55 which is stored in the advertising database of the yellow
`pages server 22. The interactive process 76 allows the end
`user to search and view advertisements from a library(s) of
`ads. The interactive process 76 may allow the end user to
`answer queries and take alternate paths to external data-
`60 bases. The interactive model may also allow the end user to
`initiate a query with the advertiser requesting follow-up
`information.
`The metering server 14 in conjunction with the client
`activity monitor 24 of the client system may monitor the end
`65 user's consumption of electronic advertising information
`and provide user profile data to the metering server 14
`relating to the end user. For example, the metering process
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`36 may monitor the amount of time an end user spends
`viewing an electronic advertisement, or which particular
`advertisement or page of the advertisement was of interest to
`the end user. The metering process 36 may further monitor
`what answers were provided by the user, or paths taken by 5
`the user in an interactive model, along with follow-up
`requests initiated by the end user in an interactive model.
`This information is then forwarded to the clearinghouse
`server 20 for compilation.
`In addition to the monitoring taking place at the metering 10
`server 14, a finer granularity monitoring process takes place
`at each client system 12, as described above. The results of
`this monitoring at each client system 12 is encoded and
`stored for that consumer in the personal profile database 27
`of the client system 12.
`FIGS. 6a and 6b provide an example of a publisher
`supplying information that is consumed by the end user. As
`shown in processing block 100. both the end user and the
`publisher have established account numbers that are stored
`in the clearinghouse 20 and metering 14 servers. By way of 20
`example, the publisher may be a newspaper entity that has
`a content database which contains text, graphics and video.
`In block 102, the publisher 18 transfers a unit of electronic
`information relating to a news story to the clearinghouse
`server 20. The electronic information has an associated title 25
`that summarily describes the contents of the information.
`The unit of electronic information also contains a cost type
`and a cost value. In this example, the cost type includes both
`subscription and pay per view. The pay per view will have
`an associated cost value. The unit of information also 30
`requests profile data relating to the end users who consume
`the pay per view information. Additionally. the unit of
`electronic information provides target user profile data to
`direct the electronic information to end users who have
`correlating profile data, as well as information on the mini- 35
`mum and maximum required bandwidth for each media
`types contained in the electronic content and the amount the
`publisher/advertiser 18 is willing to pay to obtain delivery of
`the media type on a transport mechanism (channel link)
`satisfying the given minimum and maximum bandwidth/ 40
`cost requirements.
`In block 104, the clearinghouse server 20 downloads the
`unit of electronic information to the regional 21 and meter-
`ing 14 servers which service end users that are subscribers
`or have qualifying profile data. In block 105, the metering 45
`servers 14 transfer the content titles of electronic informa-
`tion to the client systems 12. For end users that are not
`subscribers, the metering server 14 may also provide an
`indication of the cost of viewing the information.
`In block 106. the smart router 31 of metering servers 14 50
`looks at the labels in the header associated with the content
`as well as the channel links provided between the metering
`servers 14 and the consumption device 12. If there is only
`one communication link then the metering servers 14 trans-
`mits electronic information over that communication link to 55
`the consumption device 12, charges the consumer for the
`consumption and charges the author for the storage and
`distribution. If there are two or more communication links,
`the smart router 31 determines which channel links are
`available and what the provider of the communication link 60
`is charging per unit of information sent per unit of time. For
`example, the charge may be a fraction of a cent for a
`megabyte of information or a byte of information transmit-
`ted within a period of time.
`Once the smart router 31 has determined the cost asso- 65
`dated with each of the available communication channels, it
`looks into the header block of the electronic content and
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`18
`extracts the fields that are relevant to the distribution
`between the metering servers 14 and the consumption device
`12. The relevant fields in this case are how much the
`publisher is willing to pay for a given channel link and what
`the desired bandwidth requirements are for the distribution
`of a particular content. The smart router 31 then performs the
`best fit operation given the fields that are extracted to the
`channels that are available. The smart router 31 then extracts
`the electronic information from a temporary storage if the
`electronic information resides on the metering servers 14 or
`requests the electronic information from the yellow pages
`server 22 or the content server and transmits the information
`to the consumption device 12.
`In block 108. the metering servers 14 transfer the contents
`of the information to the client systems of end users that are
`subscribers. If the contents do not reside in the metering
`server 14, the contents are typically retrieved from the
`regional content database server 21. The client systems
`customize the contents of the information for consumption
`by the individual end users. For example, the colors of
`particular fields in the information may be changed, based
`on the individual end user's preference. In addition, one of
`the formats the contents of the information is received in,
`such as text or video, may be selected by the client system
`for consumption by the individual end user, based on the
`individual end user's preference.
`A non-subscribing end user may request consumption of
`the electronic information in block 110. In block 112, the
`metering server 14 determines if the price of viewing the
`information exceeds the balance of the user's credit account.
`In block 114 the end user's account is debited an amount
`equal to the price of viewing the information. In block 115,
`the smart router 31 routes the electronic information. If the
`account balance is not exceeded by the purchase of elec-
`tronic information, the contents are transferred to the client
`system of the end user and are customized to the end user by
`the client system in block 116.
`In block 118. the metering server 14 sends the profile data
`requested by the publisher 18 and the billing information to
`the clearinghouse server 20. The clearinghouse server 20
`credits the publisher's account and transfers the profile data
`to the publisher in block 120. In block 122, the clearing-
`house server generates a bill that is sent to the end user
`FIGS. 7a and 7b provide an example of an end user
`viewing an advertisement. In processing block 200, profile
`data of the end users is transferred from the metering server
`14 to the clearinghouse server 20. The clearinghouse server
`20 transmits requested profile data to the advertiser 18 in
`block 202.
`In block 204, the advertiser 18 transmits a unit of infor-
`mation to the yellow page server 22. The unit of information
`contains an advertisement, advertisement title, desired or
`most valuable user profile characteristics for targeting end
`users and minimum/maximum bandwidth requirement of
`each multimedia types associated with the advertisement as
`well as the amount the advertiser 18 is willing to pay for
`each transport mechanism used. The advertising title, profile
`target data and bandwidth/cost parameters are downloaded
`to the metering servers 14 by the yellow page server 22 in
`block 206. The metering servers 14 then provide the adver-
`tisement title to end users who have profile characteristics
`that correlate with the targeted profile data in block 208. In
`one implementation, the client systems 12 customize the
`advertisement title to their individual end users.
`The end user requests the advertising information in block
`210. In block 212. the metering server 14 requests the
`advertisement from the yellow page server 22, which down-
`loads the advertisement information to the metering server
`14.
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`In block 213, the smart router 31 looks at the available
`transport mechanisms as well as the minimum bandwidth
`requirement parameter and the cost parameter associated
`with the advertisement. The smart router 31 then performs a
`best fit given the available transport channels, the minimum 5
`bandwidth requirement and the cost parameters associated
`with the advertisement. In block 214, the metering server 14
`transfers the advertisement to the client system of the end
`user via the transport mechanism(s) selected by the smart
`router 31. The metering server 14 then credits the end user's 10
`account and records the profile data of the end users who
`requested the advertisement. In block 215, the client system
`12 customizes the advertisement for consumption by the end
`user.
`In block 216, the profile data and billing information are 15
`transferred from the metering server 14 to the clearinghouse
`server 20. The profile data is compiled and the advertiser's
`account is debited in block 218. In block 220, the clearing-
`house server 20 generates and provides the advertiser 18
`with a bill and the profile data of the end users who viewed zo
`the advertisement.
`FIGS. 8a and 8b are flow diagrams illustrating the selec-
`tion of a transport channel over which the electronic infor-
`mation is to be transmitted from the publisher/advertiser 18
`to the client system 12. In block 300, the publisher/ 25
`advertiser 18 labels each electronic information object speci-
`fying a minimum and a maximum required transport
`through-put data rate (bandwidth) for the various media
`types included in the electronic information. In addition, the
`publisher/advertiser 18 also labels each electronic informa- 30
`tion object with the maximum amount the publisher/
`advertiser 18 is willing to pay for obtaining transport chan-
`nels enabling the required quality of delivery.
`The actual labeling process may be performed at the time
`the electronic information is created. In one embodiment, 35
`available publishing tools may be modified such that the
`publisher/advertiser 18 may input the minimum and the
`maximum required transport through-put data rates as well
`as how much cost they are willing to pay to obtain the use
`of transport channels enabling the required transport 40
`through-put data rates. For example, the publishing tool may
`have an input screen prompting the publisher/advertiser 18
`to input the minimum/maximum bandwidth and cost param-
`eters. Necessary modifications to existing publishing tools to
`implement such labeling capability would be apparent to one 45
`skilled in the art.
`In block 302, the electronic information containing elec-
`tronic information object is downloaded for the yellow page
`server 22 to the metering server 14. In step 304, the transport
`router 41 of metering server 14 extracts the labels from the 50
`header block associated with the electronic information.
`In block 306, the transport router 31 determines what the
`available channel links are connecting the metering server
`14 to the consumer consumption device 12 if there is only
`one channel link available, then that channel link is used to 55
`transmit the electronic information in block 310. Otherwise,
`in block 308, the best fit process 80 performs a best fit
`operation using the labels containing the minimum and
`maximum required transport through-put data rates
`(bandwidths) and the amount the publisher/advertiser 18 is 60
`willing to pay to obtain the required data rates, to the
`available channel links. In block 310, channel link(s)
`enabling the required transport through-put data rate for
`each electronic information object and which satisfies the
`cost requirement is (are) selected.
`In block 312, if there is a problem with the selected
`channel links), either the client system 12 may detect the
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`problem and request the metering server for a retransmission
`of the electronic information, or in the alternative, the
`metering server 14 may detect the problem and retransmit
`the electronic information to the client system.
`In one embodiment, the smart router 31 contains an error
`signaling capability 82 which detects errors in data trans-
`mission through the selected channel link(s), and initiates
`retransmission of the electronic information to the client
`system 12. In another embodiment, an error signaling capa-
`bility is built into the client system 12 which detects any
`problems with the transmission of electronic information
`over the selected channel link(s) and requests the metering
`server 14 for retransmission of the electronic information. In
`step 314, the consumer (client system 12) is charged for the
`consumption of the electronic information. In block 316, the
`publisher/advertiser is charged for the storage and distribu-
`tion of the electronic information.
`The smart electronic information transport router offers a
`method and an apparatus for providing the consumer with
`quality access to electronic information at the lowest trans-
`port channel transmission cost available, increasing the
`value of existing electronic distribution network.
`Whereas many alterations and modifications of the
`present invention will be comprehended by a person skilled
`in the art after having read the foregoing description, it is to
`be understood that the particular embodiments shown and
`described by way of illustration are in no way intended to be
`considered limiting. Therefore, references to details of par-
`ticular embodiments are not intended to limit the scope of
`the claims, which in themselves recite only those features
`regarded as essential to the invention.
`I claim:
`1. A method for transmitting electronic information when
`connected to multiple parallel but bandwidth diverse trans-
`port channels, said method comprising the steps of:
`labeling each electronic information object with a header
`specifying minimum and maximum required transport
`through-put data delivery rates for each media type
`included within the electronic information being elec-
`tronically published and specifying transport cost
`threshold, said transport cost threshold being an
`amount a publisher of said electronic information is
`willing to pay to obtain said minimum and maximum
`required transport though-put data delivery rates; and
`transmitting the electronic information over lowest cost
`transport channel containing enough free bandwidth as
`determined from said minimum and maximum required
`transport through-put data delivery rates and said trans-
`port cost threshold to provide high quality transmission
`of electronic information when connected to multiple
`parallel bandwidth diverse transport channels.
`2. The method of claim 1 further comprising the steps of
`downloading the electronic information to a metering server
`through a yellow page server, along with a header containing
`minimum bandwidth requirement of each media types asso-
`ciated with the electronic information and cost of channel
`links used.
`3. The method of claim 1 further comprising the step of
`connecting electronic information providers with electronic
`information consumption devices with publishing tools
`which automatically attach labels providing bandwidth
`smart electronic information.
`4. The method of claim 1 further comprising the step of
`signaling local electronic information distribution servers
`enabling consumer electronic information consumption
`devices to signal said local electronic information distribu-
`tion servers to switch transport channels in case of error on
`current local server to consumption device transport chan-
`nel.
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`of the electronic
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`and distribution of the
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`5. The method of claim 1 wherein said step of transmitting
`further comprises the step of looking at labels in header
`associated with the electronic information as well as channel
`links provided between metering servers.
`6. The method of claim 5 further comprising the step of
`determining that there are only one communication link.
`7. The method of claim 5 further comprising the steps of
`determining that there are two or more communication links.
`8. The method of claim 6 further comprising the steps of:
`transmitting the electronic information over said only one
`communication link to consumption device.
`9. The method of claim 7 further comprising the steps of:
`determining which of said two or more channel links are
`available and cost providers of said two or more
`channel links is charging per unit of information sent
`per unit of time;
`extracting fields in said header associated with the elec-
`tronic information header block indicating how much
`publisher is willing to pay for a given channel link and
`what desired bandwidth requirements are for distribu-
`tion of a particular content; and
`performing a best fit operation of said fields extracted
`with said two or more channel links available.
`10. The method of claim 8 further comprising the steps of:
`transmitting the electronic information from said meter-
`ing servers;
`extracting the electronic information from a temporary
`storage if the electronic information resides on said
`metering servers;
`requesting the electronic information from a yellow pages
`server or a content