Grobler v. Apple Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT against Apple Inc. ( Filing fee $ 350, receipt number 34611072215). DEMAND FOR JURY TRIAL. Filed byBenjamin Grobler. (far, COURT STAFF) (Filed on 3/27/2012) (Additional attachment(s) added on 3/27/2012: # 1 Civil Cover Sheet) (far, COURT STAFF).

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Christopher D. Banys (State Bar No. 230038)
(State Bar No. 209233)
Richard C. Lin
[e-mail]
[e-mail]
THE LANIER LAW FIRM, P.C.
2200 Geng Road, Suite 200
Palo Alto, California 94303
Telephone: [phone]I 00
Facsimile: (650) 322-9I03

E-filing

Attorneys for Plaintiff,
BENJAMIN GROBLER

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UNITED STATES DISTRICT COURT
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L.B

NORTHERN DISTRICT OF CALIFORNIA

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BENJAMIN GROBLER,
Plaintiff,

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v.

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COMPLAINT FOR PATENT
INFRINGEMENT

APPLE INC.,

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DEMAND FOR JURY TRIAL
Defendant.

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COMPLAINT FOR PATENT INFRINGEMENT

CASE NO.: --~-

Plaintiff, Benjamin Grobler, for his Complaint against Apple Inc., hereby alleges as follow :

THE PARTIES

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1.

Plaintiff Benjamin Grobler ("Grobler") is an individual residing in Pretoria, South

Africa. Grobler is a citizen of South Africa.

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On information and belief, Defendant Apple Inc. ("Apple") is a corporation organi ed

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and existing under the laws ofthe State of California, having its principal place of business at I In mite

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Loop, Cupertino, CA 95014.

JURISDICTION AND VENUE

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3.

This is an action for patent infringement arising under the Patent Act, 35 U.S.C. §§ 01 et

seq. This Court has jurisdiction over Plaintiffs federal law claims under 28 U.S.C. §§ 1331 and 1 38(a).
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This Court has specific and/or general personal jurisdiction over Defendant Apple

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because it has committed acts giving rise to this action within this judicial district and/or has esta ished

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minimum contacts within California and within this judicial district such that the exercise of juris4iction
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over Apple would not offend traditional notions of fair play and substantial justice.

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5.

Venue is proper in this District pursuant to 28 U.S.C. §§1391(b)-(c) and 1400(b) b cause

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Defendant Apple has committed acts within this judicial district giving rise to this action, and con inues

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to conduct business in this district, and/or has committed acts of patent infringement within this

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giving rise to this action.

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'strict

BACKGROUND AND INFRINGEMENT OF U.S. PATENT 6 799 084 BY APPLE IN

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Grobler re-alleges and incorporates by reference the allegations set forth in the pre eding

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Paragraphs as if fully set forth herein.
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On September 28, 2004, the United States Patent and Trademark Office duly and

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lawfully issued United States Patent Number 6,799,084 ("the '084 patent") entitled "Data Vendin

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System" to the inventor, Benjamin Grobler. A true and correct copy of the '084 patent is attache heretd

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as Exhibit A.

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Grobler is the owner and assignee of all right, title, and interest in and to the '084

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COMPLAINT FOR PATENT INFRINGEMENT

CASE NO.:

--+--

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including the right to assert all causes of action arising under said patent and the right to any reme ies
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for infringement of it.
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On information and belief, Apple has infringed and continues to infringe one or m

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claims ofthe '084 patent in the State of California, in this judicial district, and elsewhere in the U ited

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States by, among other things, making, using, importing, offering to sell, and/or selling in the Uni ed

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States systems for data vending, including but not limited to the iTunes system. On information

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belief, Apple indirectly infringes one or more claims of the '084 patent by contributing to and/or

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8 inducing their customers' infringement using such systems. On information and belief, Apple kn w or '
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should have known its actions would induce and/or contribute to infringement of the '084 patent.
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On information and belief, Apple will continue to infringe the '084 patent unless e Joine~

by this Court.
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Apple's acts of infringement have damaged Grobler in an amount to be proven at t ial,

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but in no event less than a reasonable royalty. Apple's infringement ofGrobler's rights under the '084

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patent will continue to damage Grobler causing irreparable harm, for which there is no adequate r medy

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at law, unless enjoined by this Court.

PRAYER FOR RELIEF

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WHEREFORE, Grobler prays for relief as follows:
a. For judgment that Apple has infringed and continues to infringe the claims oft e
'084 patent;
b. For a permanent injunction against Apple and its respective officers, directors, gents,!

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servants, affiliates, employees, divisions, branches, subsidiaries, parents, and a I

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others acting in active concert therewith from infringement of the '084 patent;

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c. For an accounting of all damages caused by Apple's acts of infringement;

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d. For a judgment and order requiring Apple to pay Grobler's damages, costs, ex enses, I

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and pre- and post-judgment interest for its infringement of the '084 patent asp ovidedl

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under 35 U.S.C. §284;

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COMPLAINT FOR PATENT INFRINGEMENT

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CASE NO.:

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e. For a judgment and order finding this to be an exceptional case, and awarding
Grobler attorney fees under 35 U.S.C. §285; and

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f.

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For such relief at law and in equity as the Court may deem just and proper.
DEMAND FOR A JURY TRIAL

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Grobler demands a trial by jury of all issues triable by a jury.

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Dated: March 27, 2012

Respectfully submitted,

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By: Is/ Christopher D. Banys
(230038)
Christopher D. Banys
Richard C. Lin
(209233)
The Lanier Law Firm, P.C.
2200 Geng Road, Suite 200
Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff,
BENJAMIN GROBLER

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COMPLAINT FOR PATENT INFRINGEMENT

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CASE NO.: -~--

EXHIBIT A

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111111

1111111111111111111111111111111111111111111111111111111111111
US006799084B2

United States Patent

(10)

Grobler

c12)

(45)

(54)

Inventor:

5,790,177
5.812,643
5,860,362
5,Y02,115
5.918,213
5,993,216
6,086,380
6,118,860
6,134,593
6,587,404

DATA VENDING SYSTEM

(76)

Benjamin Filmaltcr Groblcr, 92
Southpansberg Rd., Riviera, Pretoria
0084 (ZA)
Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U .S.C. 154(b) by 0 days.

( *)

Notice:

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Appl. No.: 09{773,170

(22)

Filed:

A
A
A
A
A
A
A
A
A
Bl

•
•

*
*
•
•
•
•
•
•

8/1998
9/1998
1/1999
5i!YYY
6/1999
11/1999
7/20fXl
9/20fXl
!0/20rXJ
7/2003

Kassatly ...................... 348/13
Schelberg, Jr. et al. .. 379/93.12
Smith ......................... 101/494
Katayama ................... 434t307
Bernard et al. ............... 705/26
Stogner ....................... 434/29
Chu el a!. ................... 434t307
Hillson et a!. .............. 379/155
Alexander et al. .......... 709/229
Keller et al. ............. 369/20.06

FOREIGN PATENT DOCUMENTS

Jan. 31, 2001

EP
EP

Prior Publicntion Datu

(65)

US 6, 799,084 B2
Patent No.:
Sep.28,2004
Date of Patent:

Gl3

0 649 121 A2
852349 A2 •
2 305 339 A
W097/30425

wo

4/1995
7/1998
4/1997
8/1997

... . .. . . . . .. . G06F/1/fXl

US 2001/0027357 A1 Oct. 4, 2001

• cited by examiner
Related U.S. Application Data
(63)
(30)

Continuation-in-part of application No. P<..'T/ZA99/00056,
filed on Jul. 29, 1999.

Foreign Application Priority Data

Jul. 31, 1998

(ZA) .............................................. 98/6868

Int. CJ. 7 .......................•.•...........•••........ G07F 17/00
U.S. CJ ........................ 700/235; 700/237; 700/241;
700/234
(58) Field of Search ................................. 700/237, 241,
700/235, 234

(51)
(52)

References Cited

(56)

U.S. PATENT DOCUMENTS
4,528,643
4,674,055
4,695,903
4,725,977
4,787,050
4,789,907
5,418,654
5,625,562
5,757,908
5,758,069

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A
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A
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A
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A
A

7/1985 Freeny, Jr.
• 6/1987 Ogaki et al. ................ 364/479
• 9/1987 Serap ......................... 358/355
• 2/1988 Izumi et al. ................ 364/9fXl
• 11/1988 Suzuki ....................... 364/479
• 12/1988 Fischetti et al ............ 360/33.1
• 5/1995 Scheffler ...................... 360/13
• 4/1997 Veeneman ....... ... ... 364/479.05
• 5/1998 Cooper et al. ................. 380/4
• 5/1998 Olsen .................... 395/187.01

Primary Examiner-Donald P. Walsh
Assistant Examiner-Michael E. Butler
(74) Attorney, Agent, or Firm-Akerman Senterfitt
ABSTRACT

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The invention provides a data vending system 10 including
the storing data such as digitised music and/or video and/or
computer programs on one or more main computer i.e. the
data depot 12 and dispensing the data to a uniquely identifiable data carrier 30. The data on the data depot 12 includes
a database which maintains owner and/or possessor records
for each said data carrier 30, the data being selected from the
group including ownership or possession history of the data
carrier, personal details of the past and present owner and/or
possessor of the data carrier, demographic data about the
user/owner of the data carrier, data recorded onto the data
carrier at an authorised data dispensing device (tither cumulatively or periodically, by title, by artist, etc), data rented
and the rental period (either cumulatively or periodically, by
title, by artist, etc), the user's normal requirements, the
user's payment records, royalties paid to the copyright
owner by the user, and favourite data of the user.
8 Claims, 1 Drawing Sheet

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US 6,799,084 B2

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a uniquely identifiable recordable. data carrier configured
DATA VENDING SYSTEM
for recording data from the data dispensing device; and
a database for keeping a record of the data recorded by a
CROSS REFERENCE TO RELATED
user onto said data carrier, at least a part of which
APPLICATIONS
database is stored remotely from said data carrier.
The database may also maintain owner and/or possessor
This application is a continuation-in-part of PCT/ZA99/
records for each said data carrier selected from the group
00056. Filed Jul. 29, 1999.
including ownership or possession history of the data carrier,
FIELD OF THE INVENTION
personal details of the past and present owner and/or pos10 sessor of the data carrier, demographic data about the
This invention relates to a data vending system.
user/owner of the data carrier, data recorded onto the data
carrier at an authorised data dispensing device (either cumuBACKGROUND TO THE INVENTION
latively or periodically, by title, by artist, etc), data rented
and the rental period (either cumulatively or periodically, by
The inventor is aware that presently copyright royalty
title, by artist, etc), the user's normal requirements, the
losses are incurred due to unauthorised copying of data, such
15 user's payment records, royalties paid to the copyright
as music, videos, computer programs, and the like. This
owner by the user, and favourite data of the user.
copying usually takes the form of one or more unauthorised
The database may link the record of the user to any
copies being made from an original or authorised copy.
number of said data carriers and to the data recorded onto
One of the reasons for the unauthorised copying is that
said data carriers thereby to collate all data recorded by the
consumers are unable to purchase just the data they want, 20 user onto any number of data carriers.
and are often offered either a bundle including the data they
The database may be stored in whole or in part on the data
require or they must do without.
depot, on the data dispenser, on the data carrier, or on a
combination of any of the aforementioned i.e. a decentraA further reason for the copying is that recording media
lised database.
are freely available and that any person may record data on
1be data depot may include a computer located at a
such media, without prior authorisation by the copyright 25
remote location on which data to be vended is stored or from
owner or his licensee(s).
which data to be vended is routed.
Yet a further reason for the unauthorised copying is the
The data depot may have the data stored thereon indexed.
availability of data of the type mentioned above over the
The indexing may be by index number, name of author,
internet, for example, from music sites which allow the
name of producer, title, content, cost, duration, theme, or the
downloading of particular tracks of music either for free or 30 like.
for payment. Once the music has been downloaded from the
The index may be searchable from the data dispensing
internet by a user neither the internet site operator nor the
device and/or from the data carrier.
owner of the copyright in such data has any control over its
The data depot may be a store of digitised or analogue
music, video, games, information, or computer programs.
further copying.
The data dispensing device may be in the form of a
In addition to the above problems, the authorised end user 35
computer terminal in data transfer communication with the
is also limited by present data distribution systems in that if
depot. Conveniently such data transfer may be by dedicated
the data is lost or damaged the authorised user has to again
data lines, optic fibre cables, telephone lines, satellite linkpurchase an authorised copy from the copyright owner or a
up, radio transmission, or the like.
licensed vendor. This problem is particularly acute with data
The computer terminal may be provided with localised
carried on magnetic or optical media such as tapes, diskettes, 40
data storage for storing an index of available data. The index
compact disks (CO's) and Digital Video Disks (DVD's),
may be a copy of a portion of the data depot index at a given
which are prone to loss and/or damage.
time.
The inventor is aware of EP 0 649 121 A2 to international
The index on the computer terminal may be updated
Business Machines Corporation. This system provides for 45 periodically from the data depot, typically when data is
distribution of remotely stored digitised information, which
transferred between the computer data depot and the cominformation may be previewed in real time, and product
puter terminal to complete a data vending transaction.
incorporating selected digitised information can be manuThe computer terminal may be provided with data writing
factured on-site and within a short response time to a
means for writing data to a data carrier. The computer
customers request at a point of sale location. The system also 50 terminal may be configured to download data from the depot
provides management reporting and a marketing system
and transfer the data to the data carrier with or without
collects and maintains data useful to the retailer and the
storing it locally for later retrieval.
content owners such as record companies. This system,
The computer terminal may include payment means for
however, does not address the end user's ownership of
processing payment of a transaction amount for the data
digitised data nor the license held by the end user of the 55 vending transaction.
digitised data as the system is supplier orientated and not end
A royalty payment to the copyright owner and/or licensee
user orientated. There is thus little incentive for a user to
may be included in the transaction amount, which royalty
accept the system as a sole unified information sales system.
payment may either be transferred automatically to the
copyright owner and/or licensee, or credited to an account
SUMMARY OF THE INVENTION
60 for later transfer, in either event accurate and rapid royalty
Thus, according to a first aspect of the invention, there is
accounting is made possible.
The payment means may include a key pad configured to
provided a data vending system including:
accept an identification code linked to an account to which
a data depot for storing one or more data type selected
the transaction may be debited.
from the group comprising digitised or analogue music,
The computer terminal may include a card reader for
video, games, information, and computer programs;
65
accepting payment by banking cards, such as credit cards,
a data dispensing device in communication with the data
debit cards, savings cards, and the like.
depot;

US 6,799,084 B2

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The data carrier may be a single or multiple use recordDESCRIPTION OF THE DRAWINGS
able data carrier.
The invention will now be described, by way of example
The data carrier may include key means, for example, a
only, with reference to the accompanying flow diagram.
hardware or software key linked to a microprocessor. The
A data vending system 10, broadly in accordance wit the
data carrier may thus be activated and deactivated for 5 invention, includes the storing data, such as digitised music
receiving data and/or releasing data by means of the key
and/or video and/or computer programs on one or more
means.
main computer i.e. the data depot 12. "TI1e data on the data
The data dispensing device may be provided with a
depot 12 being indexed to be searchable in terms of index
verification mechanism for verifying the authenticity of the
number, name of author, name of producer, title, content,
key means.
10 cost, duration, theme, or the like.
The key means may be located on the data dispensing
The data on the data depot 12 includes a database 40
device and a code may be required to authenticate a user.
which maintains owner and/or possessor records for each
The key means may be in the form of a code at a remote
said data carrier 30, the data being selected from the group
location, the data dispensing device being communicable
including ownership or pos.session history of the data carrier,
with the remote location for verification of the code input by
15 personal details of the past and present owner and/or posa user at the data dispensing device.
sessor of the data carrier, demographic data about the
Equally the verification mechanism and/or the key means
user/owner of the data carrier, data recorded onto the data
may be at least partially located on the data depot.
carrier at an authorised data dispensing device (either cumuThe recordable data carrier may be configured to receive
latively or periodically, by title, by artist, etc), data rented
data only from a data dispensing device authorised for a
particular data carrier or a particular class of data carrier. 20 and the rental period (either cumulatively or periodically, by
The recordable data carrier may be configured to be read
title, by artist, etc), the user's normal requirements, the
by a data carrier reader authorised for a particular data
user's payment records, royalties paid to the copyright
carrier or a particular class of data carrier.
owner by the user, and favourite data of the user.
However, the recordable data carrier may be configured
One or more vendors 14, 16, 18, at locations remote to the
for receiving data from certain authorised data dispensing 25 main computer of the data depot U, are provided with data
devices but to be read by any suitable reader, for example,
dispensing devices 20, 22, 24, able to communicate with the
a horne entertainment centre.
main computer by satellite link-up, by telephone or data line,
The recordable data carrier may be configurable, through
by radio, or the like 21. The dispensing devices will typically
the data recorded thereon or otherwise, to permit reading of
be in the form of a local file server having a number of server
the data stored thereon for a predetermined period of time 30
stations 20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3,
only, whereafter the data is either marked as stale and later
or terminals where a customer can search the depot 12 index
deleted, or deleted immediately.
and select data of his or her choice. Each item selected will
The above function may be controlled from a remote
have a code and a price.
location by radio, satellite, data or telephone cable, or the
In another version, the index of the depot 12 is searchable
like. This functionality will permit the so called renting of 35
from the data carrier 30 by providing the data carrier 30 with
data, rather than purchasing the use thereof for an indefinite
a search engine which interfaces with the index of the depot
period, and is particularly suited to games, music and video
12.
data.
Thus a list of selections will have an overall price,
According to a second aspect of the invention, there is
including royalties, taxes, etc, which the user tenders.
provided a method of vending data, the method including: 40
The terminal may include payment means such as a card
storing data to be vended;
reader 26 for accepting payment by banking cards, such as
dispensing desired data packages from the depot;
credit cards, debit cards, savings cards, and the like.
recording the dispensed data to a data carrier; and
The terminal20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2,
databasing details of the record carrier.
24.3, is provided with data writing means 28 for writing data
According to a further aspect of the invention there is 45
to a data carrier 30.
provided a vending booth including a data dispensing device
The terminal20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2,
in communication with a data depot, the data dispensing
24.3, is configured to download data from the depot 12 and
device being configured for dispensing data to a recordable
transfer them to the data carrier 30 with or without storing
data carrier configured for recording data from the data
dispensing device and for exchanging data regarding the 50 it locally on the terminal 20.1, 20.2, 20.3, 22.1, 22.2, 22.3,
24.1, 24.2, 24.3, for later retrieval.
dispensed data with a database for storing user information
The data carrier 30 may be a single or multiple use
for each recordable data carrier.
recordable data carrier, such as a removable hard disk, a
The booth may include electronic payment means in the
CD-ROM, a DVD, flash memory, an eeeprom, or the like.
form of a card or token reader configured to debit an account
One envisaged embodiment is a cassette holding a numof a user responsive to the dispensing of data from the data 55
ber of CO-ROMs and a controller for performing the other
dispensing device on the recordable data carrier.
functions, and managing the data on the CO-ROMs.
The booth may be in the form of a vending machine type
The data carrier 30 includes key means 32, for example,
apparatus, similar to those currently used for other transaca hardware or software key linked to a microproces.sor. The
tions.
The data dispensing device of the booth may be in the 60 data carrier 30 is thus activated and deactivated for receiving
data by means of the key means 32. Typically this functionform of a computer terminal having a user interface, a data
ality will be performed with the use of PIN (Personal
writer configured for use with the data carrier, and a comIdentification Numbers) or pas.swords, or the like, cell-phone
munication device for permitting data transfer communicafashion.
tion with the data depot by means of one or more data
transfer means selected from the group comprising of dedi- 65
The data dispensing device 20, 22, 24 and/or the data
cated data lines, optic fibre cables, telephone lines, satellite
depot 12 is provided with a verification mechanism for
link-up, radio transmission, or broadband cable.
verifying the authenticity of the key 32.

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US 6,799,084 B2
5

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The inventor believes that the invention is advantageous
The recordable data carrier 32 is configured to receive
in that it will permit a user who has once purchased some
data only from a data dispensing device 20, 22, 24, authodata, and has subsequently lost the data carrier or who has
rised for a particular data carrier 32 i.e. at the premises of an
deleted the relevant data, to re-record the data without
authorised vendor 14, 16, 18, and to be read by any suitable
5 repurchasing it.
reader, for example, a home entertainment centre 34. ·
Once a selection has been paid for the data corresponding
Furthermore, the inventor believes that it is an advantage
to that selection is downloaded from the main computer of
of the invention that a user can purchase or rent the data e.g.
the data depot 12, via the terminal 20.1, 20.2, 20.3, 22.1,
music, video etc. for a predetermined period of time, and pay
22.2, 22.3, 24.1, 24.2, 24.3, onto the data carrier 30 and a
therefor accordingly with the copyright owner being credroyalty payment to the copyright owner and/or licensee, 10 ited with royalties accordingly.
which is iQcluded in the transaction amount, is transferred to
What is claimed is:
or credited to the account of said copyright owner and/or
1. A data vending system including:
licensor either automatically at the time of the transaction or
a data depot for storing one or more data types selected
later.
from the group consisting of digitized music, analog
The vendor 14, 16, 18 thus does not require large data 15
music, video, games, information, and computer prostorage facilities, nor as with conventional record bars, video
grams;
shops and software outlets, large stock holding tying up floor
a data dispensing device in communication with the data
space and capital. A vendor 16 may provide one or more
depot;
vending booths 16.1, which may be in the form of a vending
a uniquely identifiable recordable data carrier configured
machine type apparatus, similar to those currently used for
20
for recording data from the data dispensing device;
other transactions. The booth can include the data dispensing
device and payment means.
a database for keeping a record of the data recorded by a
TI1e recordable data carrier 30 is configurable, through the
user onto said data carrier, at least a part of which
data recorded thereon or otherwise, to permit reading of the
databao;e is stored remotely from said data carrier,
data stored thereon for a predetermined period of time only, 25
wherein the database also maintains at least one of owner
whereafter the data is either marked as stale and later
and possessor records for each said data carrier selected
deleted, or deleted immediately. '!be above function is
from the group consisting of ownership history of the
monitored from the dispensing terminal 20.1, 20.2, 20.3,
data carrier, possession history of the data carrier,
22.1, 22.2, 22.3, 24.1, 24.2, 24.3, and requires periodic
personal details of the past and present owner and
communication with a terminal 20.1, 20.2, 20.3, 22.1, 22.2, 30
possessor of the data carrier, demographic data about
22.3, 24.1, 24.2, 24.3, to keep the data carrier alive. This
the user and owner of the data carrier, data recorded
permits tight control to be exercised over the copyright in the
onto the data-earlier at an authorized data dispensing
data on the data carrier 30 as any unauthorised data on the
device, data rented and the rental period, the user's
data carrier 30 can be deleted by the terminal 20.1, 20.2,
normal requirements, the user's payment records, roy20.3, 22.1, 22.2, 22.3, 24.1, 242, 24.3, during the periodic 35
alties paid to the copyright owner by the user, and
communication.
favorite data of the user;
This functionality permits the so called renting of data,
wherein the data carrier is a multiple use recordable data
rather than purchasing the use thereof for an indefinite
carrier which includes key means for at least one
period, and is particularly suited to music and video data as
function selected from activating the data carrier for
well as ensuring regular contact between the vendor and the 40
receiving data, deactivating the data carrier for receivuser for sales purposes.
ing data, activating the data carrier for releasing data,
Thus, a copyright owner 42 may access the database 40 to
and deactivating the data carrier for releasing data,
determine the royalties collected so far and due to him, the
wherein the key means includes at least one of a
client base he has, changing trends, and the like.
hardware key and a software key linked to a microLikewise a user of the system who owns or is in autho- 45
processor operatively associated with a data carrier;
rised posession of one or more data carrier 30 may access the
and
data base 40 determine which data he has paid for and is
wherein the data dispensing device is provided with a
entitled to, how his preferences have changed with time, and
verification mechanism for verifying the authenticity of
the like. This is possible even if there are several data
the key means.
carriers 30 linked to the single user since the database 40 50
2. A data vending system including:
links the data carriers of a user to that user. Furthermore, in
a data depot for storing one or more data types selected
the event of theft or loss of one or more data carrier, the
from the group consisting of digitized music, analog
system will allow the lost or stolen data carrier to be
music, video, games, information, and computer proscrambled, deleted, disabled, or otherwise made inoperative
grams;
from a remote location or when such a data carrier 30 is next 55
a data dispensing device in communication with the data
presented for recording of further data at a terminal 20.1,
depot;
20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3, while the
a uniquely identifiable recordable data carrier configured
rightful owner or possessor is able to re-record the lost data
for recording data from the data dispensing device;
at said terminal without further payment or at reduced cost.
a database for keeping a record of the data recorded by a
The database 40 may be stored on the data depot 12, on 60
user onto said data carrier, at least a part of which
the data dispenser 20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24,1,
database is stored remotely from said data carrier,
24.2, 24.3, on the data carrier 30, or on a combination of any
wherein the database also maintains at least one of owner
of the aforementioned i.e. a decentralised database.
and possessor records for each said data carrier selected
The inventor envisages that the system could be operated
from the group consisting of ownership history of the
as a franchise operation with a main computer operator i.e. 65
data carrier, possession history of the data carrier,
the wholesaler, and a number of vendors i.e. the retailer,
personal details of the past and present owner and
much like present record bars and the like.

•

...

.

US 6, 799,084 B2
7

8

normal requirements, the user's payment records, roypossessor of the data carrier, demographic data about
the user and owner of the data carrier, data recorded
alties paid to the copyright owner by the user, and
onto the data carrier at an authorized data dispensing
favorite data of the user;
device, data rented and the rental period, the user's
wherein the recordable data carrier is configurable to
normal requin::ments, the user's payment records, roy- 5
permit reading of the data stored thereon for a predeallies paid to the copyright owner by the user, and
termined period of time only, whereafter the data is
favorite data of the user;
processed in at least one way selected from marked as
wherein the recordable data carrier is configured to be
stale and later deleted, deleted immediately, and
read only by a data carrier reader authorized for a
scrambled.
particular data carrier or a particular class of data 10
5. A data vending system as claimed in claim 4, wherein
carrier.
the processing of the data is initiated from a remote location
3. A data vending system including:
by at least one of radio, satellite, data cable, and telephone
cable.
a data depot for storing one or more data types selected
6. A vending booth for use with a data vending system
from the group consisting of digitized music, analog
music, video, games, information, and computer pro- 15 comprising:
grams;
a data depot for storing one or more data types selected
from the group consisting of digitized music, analog
a data dispensing device in communication with the data
music, video, games, information, and computer prodepot;
grams;
a uniquely identifiable recordable data carrier configured 2o
a data dispensing device in communication with the data
for recording data from the data dispensing device;
depot;
a database for keeping a record of the data recorded by a
a uniquely identifiable recordable data carrier configured
user onto said data carrier, at least a part of which
for recording data from the data dispensing device;
database is stored remotely from said data carrier,
wherein the database also maintains at least one of owner 25
a database for keeping a record of the data recorded by a
user onto said data carrier, at least a part of which
and possessor records for each said data carrier selected
database is stored remotely from said data carrier;
from the group consisting of ownership history of the
wherein the database also maintains at least one of
data carrier, possession history of the data carrier,
owner and possessor records for each said data carrier
personal details of the past and present owner and
selected from the group including ownership history of
possessor of the data carrier, demographic data about 30
the data carrier, possession history of the data carrier,
the user and owner of the data carrier, data recorded
persona]· details of the past and present owners and
onto the data carrier at an authorized data dispensing
possessors of the data carrier, demographic data about
device, data rented and the rental period, the user's
the users and owners of the data carrier, data recorded
normal requirements, the user's payment records, royonto the data carrier at an authorized data dispensing
alties paid to the copyright owner by the user, and 35
device, data rented and the rental period, the user's
favorite data of the user;
normal requirements, the user's payment records, roywherein the recordable data carrier is configured to permit
alties paid to the copyright owner by the user, and
or prohibit the reading of data recorded thereon or the
favorite data of the user,
recording of data thereon by a code which is altered
the vending booth including a data dispensing device in
periodically when the data carrier is in data communi- 40
communication with the data depot, the data dispensing
cation with the data depot or the data dispensing device.
device being configured for dispensing data to an
4. A data vending system including:
authorized recordable data carrier configured for
a data depot for storing one or more data types selected
recording data from the data dispensing device and for
from the group consisting of digitized music, analog 45
exchanging data regarding the dispensed data with a
music, video, games, information, and computer prodatabase for storing user information for each recordgrams;
able data carrier.
a data dispensing device in communication with the data
7. A vending booth as claimed in claim 6, wherein the
depot;
booth includes electronic payment means in the form of a
a uniquely identifiable recordable data carrier configured 50 card or token reader configured to debit an account of a user
for recording data from the data dispensing device;
responsive to the dispensing of data from the data dispensing
a database for keeping a record of the data recorded by a
device on the recordable data carrier.
user onto said data carrier, at least a part of which
8. A vending booth as claimed in claim 6, wherein the data
database is stored remotely from said data carrier,
dispensing device is in the form of a computer terminal
55
having a user interface, a data writer configured for use with
wherein the database also maintains at least one of owner
the data carrier, and a communication device for permitting
and possessor records for each said data carrier selected
data transfer communication with the data depot by means
from the group consisting of ownership history of the
of one or more data transfer means selected from the group
data carrier, posses.sion history of the data carrier,
consisting of dedicated data lines, optic fiber cables, telepersonal details of the past and present owner and
possessor of the data carrier, demographic data about 60 phone lines, satellite link-up, radio transmission, and broadthe user and owner of the data carrier, data recorded
band cable.
onto the data carrier at an authorized data dispensing
device, data rented and the rental period, the user's
* * * * *