Pre-Grant Publication Number: 20070136608
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Discussion (24)
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CLAIM 00001

<claim-text> A method, comprising: <claim-text>performing a secure off-line transfer of a digital media content from a first media playback device of a first user to a second media playback device of a second user for a price via an off-line transaction; </claim-text><claim-text>securely storing a proof of the off-line transaction; </claim-text><claim-text>providing a first percentage of the price to an owner of a copyright of the digital media content based on the stored proof; and </claim-text><claim-text>providing a second percentage of the price to the first user based on the stored proof. </claim-text></claim-text>

Comments
Eduard de Jong (over 4 years ago)
Regarding Claim 00001 it lacks any inventiveness as none of the steps are new either alone or in combination:
Step 1 claims the transfer of content between two devices in a secure fashion which is commomnly done using SSL or VPN. The concept of off-line is meaningless, as may be demonstarted by two devices communicting via VPN as they are conceptually de-coupled from the net, and cannot serve to introduce an invenmtive aspect. Step two claims the secure storage of a transction receipt, this is commonly done in a cash register at a point of sale. Steps three and four describe partioning proceeds to different interested parties in a sale, this is common practice in many sale transaction, for example in auction houses or consignment shops. These aparticular steps can be performed in cash which is fully off-line (in the truest sense!).
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Tom Condon (over 4 years ago)
Regarding Claim 00001
-------------------------
A method, comprising:
performing a secure off-line transfer of a digital media content from a
first media playback device of a first user to a second media playback
device of a second user for a price via an off-line transaction;
securely storing a proof of the off-line transaction; providing a first
percentage of the price to an owner of a copyright of the digital media
content based on the stored proof; and providing a second percentage of
the price to the first user based on the stored proof.
-------------------------

This is no different from a cash sale of a CD over the counter in a
store after the purchaser has listened to it on the store's player then
the purchaser placing it into his/her own player for listening.

performing a secure off-line transfer = handing over the item purchased
of a digital media content = CD from a first media playback device = CD
player of a first user = store to a second media playback device = CD
player of a second user = purchaser for a price via an off-line
transaction; = cash sale securely storing a proof of the off-line
transaction; = saving the sales receipt providing a first percentage of
the price = royalty paid by the CD manufacturer to an owner of a
copyright = music writer/arranger/producer of the digital media content
= song recorded digitally based on the stored proof = sales price on
sales slip and providing a second percentage of the price = profit to
the first user = store based on the stored proof = sales slip/record


So, as best I can tell they seem to have claimed to have invented over-the-counter sales. Hmm. Despite millennia of prior art.
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CLAIM 00002

<claim-text> The method as recited in <claim-ref idref='CLM-00001'>claim 1</claim-ref>, wherein the off-line transaction comprises a cryptographically secure sales transaction protocol. </claim-text>

Comments
Eduard de Jong (over 4 years ago)
Regarding Claim 00002 it lacks inventivenss as applying cryptography to an electronic sales protocol to enhance its security has been decribed in tha past 20+ year in many places, Prior Art Reference 1 specifies a standard for one such protocol.
As decribed in Prior Art Reference 1 teh protocol can be used to purchase anything, including digital content, so applying it as claimed here is foreseen in this European standard.
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CLAIM 00003

<claim-text> The method as recited in <claim-ref idref='CLM-00001'>claim 1</claim-ref>, wherein the off-line transaction comprises using a cryptographically secure sales transaction protocol, including: <claim-text>sending a cryptographically secure purchase request from the second media playback device to the first media playback device; </claim-text><claim-text>sending a cryptographically secure transaction receipt from the first media playback device to the second media playback device; and </claim-text><claim-text>sending a receipt acknowledgement from the second media playback device to the first media playback device. </claim-text></claim-text>

Comments
Eduard de Jong (over 4 years ago)
Regarding Claim 00003: It lacks any inventivense as it describes a standard 3 step electornic payment protocol as was standardized by EN1046 (1997?) (of which i was one of the authors). more...

CLAIM 00006

<claim-text> The method as recited in <claim-ref idref='CLM-00001'>claim 1</claim-ref>, wherein prior to the off-line transaction the first and second media playback devices: <claim-text>authenticate each other by exchanging certificates; </claim-text><claim-text>create a session key; </claim-text><claim-text>establish a data encryption and a data compression capability; and </claim-text><claim-text>establish a session identifier. </claim-text></claim-text>

Comments
Eduard de Jong (over 4 years ago)
Regarding Claim 00006 it lacks incentiveness as the secured communication protocol as claimed is widely used in diffrent variations, e.g. specified by TLS (RFC2246). Establishing session ids in the opening protocol is also common practice. Applying a secure communication proticol to an electronci commerce transaction is common practice. more...

CLAIM 00008

<claim-text> The method as recited in <claim-ref idref='CLM-00001'>claim 1</claim-ref>, further comprising reselling. the digital media content from the second user to subsequent users, including: <claim-text>transferring the digital media content from the second media playback device to a subsequent media playback device for a subsequent price via a subsequent off-line transaction; </claim-text><claim-text>providing a first percentage of the subsequent price to the owner of the copyright of the digital media content; and </claim-text><claim-text>providing a second percentage of the subsequent price to the second user. </claim-text></claim-text>

Comments
Eduard de Jong (over 4 years ago)
Regarding Claim 00008, it is completely covered by Claim 00001 one: that describes two devices performing an excange of content as a electronic purchase transaction. It adds no new elements. more...

CLAIM 00009

<claim-text> The method as recited in <claim-ref idref='CLM-00001'>claim 1</claim-ref>, wherein providing the first and second percentages of the price to the owner of the copyright and to the first user, respectively, includes sending a notification of the off-line transaction to a service provider, wherein the service provider debits an amount of the price from an account of the second user, provides the first percentage of the amount to the copyright owner, and provides the second percentage of the amount to the first user. </claim-text>

Comments
Eduard de Jong (over 4 years ago)
Regarding Claim 00009 it is clear that the full transcation as claimed in Claim 1 is inherently not actually off-line in that it requires a completeness step claimed here to efecitively transfer allacted percentages of the sales proceeds to their intended recipients. Therefor this claim indicates that a system as claimed in Claim 1 can not be build (lack of enablement on a logical basis). However, adding the transfer of value to intended recipients does not establish an inventiv element as that has been done in commerce since the dawn of mankind. more...