A METHOD AND APPARATUS FOR ENABLING THE OPERATION OF
SOFTWARE FIELD
The present invention relates to the marketing, sale or use of computer software programs, including audio and audio visual software such as CDs and videos. BACKGROUND
The present invention addresses a number of problems.
It is well known that software piracy is a problem. The problem arises due to many causes, some of which may be that the user is not able to obtain a lawful copy of the software, and / or the user is not prepared to pay the full sale price for the software, or would prefer not to pay the full sale price for the software.
Further, in the software and marketing industries, there remains a need amongst some software users for the short term use of a particular software program. Frequently, the effort and time associated with buying the software and installing the software outweigh the benefits of using the software. This can be viewed as lost opportunities for the software industry, and for the users of software. Further, there is no efficient mechanism for software users to use software on limited occasions or for limited periods without either paying the full sale price of the software, or making unauthorised use of the software.
Further, there is rigidity in the options software owners have for marketing their software - for example no ready option of a free trial. SUMMARY OF INVENTION
The present invention seeks to alleviate problems associated with the use and / or sale of software.
In one aspect, the present invention provides a method and/or apparatus for requesting the use of software, in which: a request to use the software is transmitted to the copyright owner, and
if the copyright owner consents to the use of the software, a software activating key or enabling code string is transmitted to the user to effect the use of the software.
In one preferred form, the present invention may manifest itself in a seamless fashion (from a users perspective) whereby, when a user seeks to open the software, a message is automatically transmitted to the copyright owner (or a person or entity able to provide an activating key or enabling string) requesting the copyright owner's consent to use the program. If the copyright owner consents to the use of the software, the copyright owner may transmit an enabling code string or software activating key which will enable the software to be opened and used by the user. The consent may take any form, but in a commercial situation it is anticipated that a financial transaction may take place between the copyright owner and the user before the code or key is transmitted. The fact that the code or key is provided to the user may serve to imply consent is given. The user may be asked to confirm the transaction, amount and payment details. Without the provision of the present invention, the software would otherwise be inoperable as the enabling code string or key which is often required to operate software is otherwise missing. It is envisaged that the above process would occur largely, or even entirely, invisibly to the user and in the background to the computer system, such as occurs when a telephone subscriber goes to use their mobile telephone.
The enabling code string or software activating key may be designed for each particular software and / or users application or request, and may enable use of the software for either a limited period, or a limited number of uses, or for a relatively longer period, according to the request of the software user or the copyright owner.
In another form, the present invention provides a system for requesting the use of software, in which there is provided: a library means which stores at least one software program, a receiving means for receiving a request to use software from a user,
a means for transmitting to the user, a copy of the software together with an enabling code string, the code string serving to enable the use of the software by the user for a limited period of time.
The present invention may be used to facilitate the use or sale of computer software programs. For example, the present invention may be used as a means of using software for a particular period of time, or even as a means of purchasing software "on-line". In the case of the temporary use of the software, the enabling code string may be of a type that is time limited in accordance with the period of time for which the software has been hired. Where a sale is made of the software, the enabling code string may be of a type that is not time or number of uses limited.
Underlying another aspect of the present invention is the realisation that by combining the feature of a user receiving a copy of the software and the feature of a user receiving an enabling code string from the owner of the software, the problems noted above can be alleviated.
Thus, the present invention in another form provides in a computer environment, means for facilitating the use of computer software, including: means for receiving a copy of a software program, and means for receiving an enabling code string or software activating key to enable the operation of the software program for a predetermined period of time and / or uses.
In yet another form, the present invention provides a method of affecting the use of computer software in an on-line computer environment, the method including the steps of: requesting the copyright owner for the use of a software program, receiving a copy of the software program, executing a financial transaction in consideration of the intended use of the software for a predetermined period of time, and receiving an enabling code string or software activating key to enable the use of the software for the predetermined period of time.
Embodiments of the present invention will now be described with reference to the accompanying drawings which illustrate in a flow diagram form, some preferred forms of the present invention. TERMS Throughout the specification, the following words should be given a wide meaning:
"software" includes any program executable or operable on a computer of any form, such as of electronic or electronically coded media, and such things a person would normally regard as computer software, for example, Word for Windows, Excel, desktop publishing and graphics programs, video editing programs, recordings (digital or analogue) of words images sound or a combination thereof (e.g. recorded music and video recordings), video games, computer games, etc.
"computer" includes any device or combination of devices on which software can operate.
"copyright owner" includes an author, agent, licensee and assignee of software.
"enabling code string" and "software activating key" are pieces of written code or software which enable software to operate. "on-line" refers to a computer's ability in use to receive and / or transmit data or other signals.
"user" includes a person using software.
By the use of the enabling code string or a software activating key, it is envisaged that the present invention will prevent the use of particular piece of software on a computer without the consent of the owner of the copyright in the software. "Rental" periods for the software might be daily, weekly, monthly or yearly, or perpetual, etc. depending on the period chosen by the user and agreed to by the copyright owner for the use of the product.
An example is that the use of the software would be allowed for 24 hours, after which time the software, after suitable warnings to the user, ceases to function further. The user may be given a warning of impending expiry of the negotiated time preferably upon acceptance of the obligation to pay, or payment
of, a further fee. A fresh consent would need to be sought after expiry of the period.
Alternatively, the "rental" could be limited by the number of uses (e.g. limited to three plays of a game) rather than being limited to time. In a further alternative, the code or key may not be time or use limited and thus, the present invention can serve as a means of purchasing the software, not just "renting" the software. The advantage in that case would be that pirate copies could not be taken.
The concept of "rental" in the context of the present invention is a useful one but it is not entirely apt. The present invention envisages that the software may be held by the software user for unlimited periods without payment of any fees, or for payment of a very small, perhaps once only, fee. More correctly than being a rental fee for the software, the fee which the software user would be required to pay is a fee for the enabling code string or software activating key without which it will not be possible to activate and use the computer software. A key to the present invention is that there will be communication between the intending user of the software and the copyright owner of that software.
Referring to Figure 1 , each time an attempt is made to open software, whether it is an authorised or "unauthorised" copy, a message would be transmitted, preferably automatically, to the copyright owner. Unless the copyright owner consents to the intended use of the software, the software will not open.
The present invention would allow the flexibility of a very large variety of billing plans, such as those offered to mobile phone users and by service providers on the Internet. There may be a subscription fee, such as an annual or monthly fee, or the fee may be paid per use, or a combination thereof. There may be a combination of upfront fees and periodic fees. The upfront fees may include a component for the purchase or rental of equipment (e.g. a computer terminal or the medium containing the software) or it may be an element in the fee charged by the network service provider or telecommunications carrier for access from the computer to relevant networks.
In another form, the financial transaction may take place by virtue of the telephone number dialled to request the software and, upon connection to the copyright owner, a fee may be autonomically billed with appropriate verification via the telephone communication service provider to the user's telephone account. In another form, billing may be done at a later time (as is the case with most telephone billing systems). There may also be combinations of these. Naturally, where bills are or have not been paid, further consent can be refused - the software user can be "disconnected" until the bill is paid.
The financial transaction which will be involved with the provision of the enabling code string or software activating key may be structured in a large variety of ways. In particular, payment may be required in advance of provision of the enabling code string or software activating key, simultaneously with its provision, or subsequent to its provision.
Software which is operational by the present invention will not be vulnerable to copyright piracy, as the focus will no longer be on preventing software being copied, but rather it will be on ensuring that each "user" of the software is an authorised user. The authorisation will take the form of provision by the copyright owner of the enabling code string or software activating key which enables the software to be operated. This system is analogous to the "authorisation" which the operation of a mobile telecommunications network gives (or refuses) each time one of its customers seeks to access its network by attempting to make a telephone call. If the customer's bill is unpaid he/she will be denied access and will find that the attempt to make the call will fail.
As in the mobile telephone example, it is envisaged, that under the present invention, user details will be seamlessly communicated with each request by a user for software access. In most cases, the user details would be the "fingerprint" of the computer being used by the intending software user. Like the mobile telephone example, the computer user's details would be pre- registered with the copyright owner or a middleman (analogous to an internet service provider). There would also be a capacity for a different user, employing appropriate security procedures (e.g. passwords) to work off another person's computer with access to the enabling code string or software activating key etc,
being determined not by the profile of the usual user of the computer in question but by the profile (bill paying records) of the actual user.
We expect that by virtue of the present invention, copyright owners will be keen to have their software accessible to as many computer users as possible. Those users, however, will only be able to open and use the software on paying the use fee for the enabling code string or computer activating key. Without the enabling code string/software activating key, for which a use fee is payable, the software will fail to operate.
The focus will be taken off the need to prevent the "unauthorised" copying of software. Copyright owners will be keen to see their software copied and to see it as widely held/available as possible, knowing the users will have to pay the use fee to enable use of the software.
Indeed the present invention, might be integrated into, or operated in conjunction with, techniques by which software is provided on-line (e.g. the user might get software off the internet and would get the means of operating that software by means of the present invention). Those two processes - of getting the software by on-line means and of getting the enabling code string or software activating key to open and use the software - might be marketed jointly and might be made to operate seamlessly together. Indeed, it is expected that by virtue of the present invention, copyright owners will be keen to have their software in a library accessible by the present invention so that as many computer users can access the software after paying an appropriate use fee. It is also expected that the copying of the software will not be advantageous because without the enabling code string for which a use fee is payable, the software will fail to operate after a predetermined period of time.
There are a number of preferred options for effecting the operation of the present invention:
1. A software program which embodies the present invention and which is separate from other software may exist on the hard disk of the computer onto which the software is loaded. The program may be triggered whenever an attempt is made to open software which does not have legitimate copyright
consent activated. The program will then send a message to the copyright owner seeking consent and, if successful, will receive an enabling code string/software activating key, so that the software can be operate,
2. The same as 1 above, but the present program is incorporated into the computer's operating system or platform program,
3. A chip may be incorporated in or with the hardware of the computer. The chip would operate to effect operation as for 1 above. A chip may be considered more secure from a tampering point of view than the program of 1 above, or
4. The present invention may be incorporated into the software itself and become operable when software is requested.
Without having one or other of 1 -4 in place the new generation software designed to work with the present invention will not be able to be opened or operated. 1-4 above will enable the communication of the enabling code string or software activating key which will facilitate the opening and use of the software.
As noted above, the way that the communications between the intending user and the copyright owner may work is somewhat analogous to the way in which telecommunication carriers interact with users of those mobile phones which are listed as a user of the carrier's network. In particular, the communication of transmission control signals between the intending user of software and the copyright owner may be largely computerised and may be seamless and relatively invisible to the intending user.
Any form of communication may be used for the link between an intending software user and the copyright owner, including radio, fixed wire/cable, satellite, or combination thereof - including via the Internet.
A further preferred feature to alleviate the unauthorised use of software, is that communication between the intending user and the copyright owner be in an encrypted or encoded form. Many suitable forms of encrypted/encoded communication which are already known may be used in conjunction with the present invention
Figure 2 illustrates another form of implementing the present invention in a computer environment. The steps illustrated are not necessarily in order as
the order may be varied depending on the user, owner and / or the particular environment in which the present invention is used. The user of the computer may desire to use particular software. The user, via the present invention, connects (1 ) with the copyright owner of the software, and forwards a request (2) to the owner for the use or purchase of the software. If the owner consents to the software use, a copy of the software can be forwarded (3), preferably electronically, to the user. The owner will usually require a payment (a user fee or a one-off transaction or periodic fee) from the user (4), after receipt of which (5) the owner may then transmit (6) an enabling code string so that the software can be operated (7).
Another form of the present invention may include the steps of:
1. Intending software user attempts to open and use computer software.
2. Request to do so is automatically generated and communicated electronically to copyright owner. 3. If copyright owner consents, it transmits the enabling code string or software activating key which enables software to be opened and used and generates billing records.
4. Software opens automatically and a bill is transmitted.
5. Software user pays bill. Still another form of the present invention may include the steps of:
1. Intending software user attempts to open and use computer software.
2. Request to do so is automatically generated and communicated electronically to copyright owner.
3. If copyright owner does not consent it does not transmit enabling code string or software activating key and software is unable to be opened and used.
Instead a message appears on the intending user screen explaining that access has been refused and why it has been refused and explaining what the intending user needs to do to enable software to be operated, e.g. to pay outstanding bill. Other forms of the present invention are possible by application of the principles and concepts herein disclosed, and are incorporated within the scope of the present application.
Indeed, it is expected that by virtue of the present invention, copyright owners will be keen to have their software in a library accessible by the present invention so that as many computer users can access the software after paying an appropriate use fee. It is also expected that the copying of the software will not be advantageous because without the enabling code string for which a use fee is payable, the software will fail to operate after a predetermined period of time or use(s).