WO2001031830A2

WO2001031830A2 - Renewable computer software

Info

Publication number: WO2001031830A2
Application number: PCT/US2000/041577
Authority: WO
Inventors: Steven D. Rudnik
Original assignee: Magnitude Information Systems, Inc.
Priority date: 1999-10-26
Filing date: 2000-10-26
Publication date: 2001-05-03
Also published as: AU3637001A; WO2001031830A3

Abstract

A method for establishing periodic communications with a user comprising the steps of transmitting to a user a computer software module for monitoring a supply of a consumable element and deactivating a computer program upon depletion of the consumable element (10), receiving data from the user (14), and providing the user with a supply of the consumable element (18). The computer software module can be associated with a computer program for performing a function desired by a user. The module monitors a supply of a consumable element, gradually consumes the consumable element during operation of the program, and deactivates or locks the program upon depletion of the consumable element. The module therefore causes the user to return periodically to the recharge facility and provides the recharge facility with an opportunity to exchange information with the user and/or the user's module.

Description

RENEWABLE COMPUTER SOFTWARE

FIELD OF THE INVENTION

This invention relates generally to the field of marketing, and more particularly to computer software and a method for allowing for information exchange with a potential consumer.

BACKGROUND OF THE INVENTION

The World Wide Web ("Web") is essentially a distributed depository of files stored on Web servers, i.e., computers, connected by a global communications network, the Internet. Users of the Web may request transfer of ("download") files to their own computers for viewing, storing, use, etc. using Web browser software running on the user's computer, as is well known in the art.

Many useful computer programs ("software") are available for downloading from the Web. Some software is designed to fully function indefinitely upon installation on a user's computer. Such software, referred to as "commercialware," may typically be obtained and used only after payment of a purchase/license fee. Some software, termed "shareware," is designed to function for a limited trial period. A user may download the software, install it on his computer, and use it for the trial period. Upon expiration of the trial period, the software ceases to function ("deactivates") until it is reactivated after the users's payment of a fee. Sometimes a key code is provided to reactivate the software. A user who does not want to pay the fee may repeat the download and/or installation process in an attempt to defeat the license and use the software after expiration of the trial period. While some software will permit such practices, other software is provided with safeguards to prevent such practices and ensure payment of the fee. "Liteware" is software designed to provide limited functionality for free to generate interest in the software, the full capabilities being available to a user only upon payment of a fee. "Freeware" is fully functional software that does not have a limited trial period and for which no fee is sought. Accordingly, such software may be used indefinitely after downloading and installation.

The popularity of the Web has led to its use as an advertising forum. It is now common for advertisements (e.g., "banners") to be displayed on highly-trafficked websites. Just like billboards or advertising space in the newspaper, advertising space on popular websites typically is purchased from the website owner. For advertisements displayed on a website, it is a challenge to generate traffic on that website to cause users to view the advertising.

Some software designers have incorporated advertising capabilities into their software. For example, EntryPoint software may be downloaded from EntryPoint's ("EP") Internet news and information services website at (presently at URL www.entrvpoint.com). Using the software, the user can subscribe to categories of information, e.g., sections of the Wall Street Journal newspaper. By connecting to the EP website, the user receives updated information which is stored on the user's computer for viewing, even after disconnecting from the EP website. EntryPoint software is distributed as freeware and supported by advertisers who pay to have their advertisements displayed by the EntryPoint software during its operation. The advertisements may be refreshed when updated information is transmitted to the user's computer. The EntryPoint software, and other similar software, is "pull" technology which allows the user to request additional information at whatever interval the user desires. Accordingly, there is no control over when or whether the user will request additional information. In fact, the user could use the software indefinitely and never return to the EP website to request additional information. Accordingly, EP's advertisers may have no opportunity to present the user with new advertisements. In addition, EP and EP's advertisers may have little or no information regarding the effectiveness of their advertising.

SUMMARY OF THE INVENTION

The present invention provides a computer software module ("module") which can be associated with a computer program ("program") for performing a function desired by a user.

The module monitors and controls a supply of a consumable element during operation of the program, and deactivates or locks the program upon depletion of the consumable element. Conceptually, the program is akin to an automobile and the module's consumable element is akin to the automobile's fuel supply, which needs to be refreshed periodically to keep the automobile running. Accordingly, the program desired by the user is functional for a limited, but extendable, time.

A recharge facility, e.g., a website, may be maintained for replenishing the consumable element. The module therefore causes the user to return periodically to the recharge facility. This provides the recharge facility with an opportunity to exchange information with the user and/or the user's module in exchange for a supply of the consumable element. Such information may include, for example, user data provided by the user (herein "user-supplied data"), data on the habits or characteristics of the user gathered by the module (herein "user-gathered data"), user usage data compiled by the module during use of the program or other programs by the user (herein "usage data"), and display data relating to the time/frequency that certain information is displayed on the user's monitor (herein "display data").

The information obtained by the recharge facility can be used for various purposes. For example, this information may be used for target marketing, i.e., to select advertisements likely to be of interest to the user. Alternatively, the usage data may be used to rank or rate the popularity or desirability of certain types of programs, and, thereby, assess their worth or need for improvement. Yet in another embodiment, the display data for a particular user may be used as the basis for determining the charge to an advertiser for having its advertisement presented to that particular user.

DESCRIPTION OF THE DRAWINGS

Figure 1 is a flow diagram of a method for establishing periodic communication with a user in accordance with the present invention.

Figure 2 is a flow diagram of an exemplary interaction between a user, a distributor, a computer program, and a computer software module in accordance with the present invention. Figure 3 is a flow diagram of an exemplary module in accordance with the present invention.

DETAILED DESCRIPTION

The present invention provides for distribution of a computer software module ("module") for monitoring a supply of a consumable element and deactivating an associated computer program ("program") upon depletion of the consumable element. As used herein, the term

"module" refers broadly to computer code for instructing a computer to perform the functions described herein. This computer code may be in a discrete module, or it may be incorporated into the program as defined below. Additionally, the module may be a contained in a device discrete from the user's computer and adapted to operate as a peripheral device to the user's computer. As used herein, the term "program" broadly refers to an electronic file which may comprise, for example, instructions for operating a computer (e.g., application programs, operating systems, games, and viewers), information (e.g., databases and electronic media such as on-line newspapers), or images.

A user wishing to continue to use the program is therefore required to contact a recharge facility to replenish the user's supply of the consumable element. This provides an opportunity for display of advertisements to the user (e.g., at the recharge facility's website), and/or gathering of information from the user and/or user's module in exchange for a supply of the consumable element.

As shown in Figure 1, the method involves a first step of distributing the module to a user, as shown at step 10. The module may be incorporated into a program designed to perform a function which is desirable to the user, or simply designed to function with and control the program. The module is designed to permit the program to function for a limited period of time by requiring a supply of a consumable element to run. Conceptually, the program is akin to an automobile and the module's consumable element is akin to the automobile's consumable fuel supply, which needs to be refreshed periodically to keep the automobile running. Optionally, the user is required to provide information, e.g., user demographics and/or preferences, in exchange for the program, module, and/or an initial supply of the consumable element.

Subsequently, the user is required to exchange information for supplemental supplies of the consumable element, e.g., by visiting a website.

The module monitors the supply of the consumable element and permits the user to use the computer program only until depletion of the supply. The user may obtain a supply of the consumable element from a recharge facility to keep the computer program running before or after depletion of his existing supply. For example, this may be achieved by visiting a website on the Internet. The recharge facility may use this opportunity to exchange data with the user and/or the user's module. Such an exchange of information is shown at step 14 in Figure 1. The information exchange may be effected in a variety of ways. In one embodiment, the only exchange of information is the indication of the user's visit to the recharge facility. This is advantageous because it increases traffic at the recharge facility's website and viewing of advertisements displayed thereon. In another embodiment, the module gathers usage data while the user uses the program, module, or an unrelated computer program, and transmits such data to the recharge facility in exchange for a supply of the consumable element. Such usage data may reflect desirability or popularity of the program (e.g., a program used for 100 hours per month may be more desirable or popular than a program used 2 hours per month). For example, the module may monitor a supply of a consumable element for use of a Microsoft® Excel computer program and gather and transmit information regarding use of that program while also gathering and transmitting information regarding use of Microsoft® Word, an unrelated computer program for which the module does not monitor a supply of a consumable element. In yet another embodiment, the user is asked to complete a survey or provide information relating to the desirability or popularity of the program. The information related to a program's popularity may be later used to promote sales or distribution of the program. For example, a website may be maintained for displaying aggregate user ratings compiled from such information. Such aggregate user ratings are akin to Nielsen ratings for broadcast television In another embodiment, the module is configured to display advertisements to the user while the user uses the program, e.g., in a frame around the program window, and to monitor the display of those advertisements and the user's interaction therewith, e.g., clicking through to a website associated with the advertisement.

Finally, the recharge facility provides the user with a supply of the consumable element, which permits the user to reactivate the program, or to continue using the program for a longer period as shown at step 18.

In one embodiment of the invention, all units of the consumable element are indistinguishable. In another embodiment, the consumable element is available in different grades, akin to grades of gasoline for an automobile. For example, a premium grade of the consumable element may be required to cause a certain premium program to run or to permit the user access to certain premium features of a program. Alternatively, a premium grade may bum longer than a lower grade of consumable element. A user may earn the various grades of gasoline as a function of the user's conduct. For example, a user may earn units of a premium grade consumable element for providing more information, more detailed information, or more precious information in exchange for a supply of the consumable element. Alternatively, a user may earn units of a higher grade consumable element or at a faster rate by permitting a greater degree of monitoring of his computer usage by the module.

In another embodiment, the consumable element may be equated to points and/or rewards which may be redeemed with an advertiser or other. For example, the user may earn frequent flyer miles for redemption by an airline or "bonus dollars" or credits which are honored by a vendor in lieu of cash purchase of an item.

In this manner, the user is allowed to use the program in exchange for information provided by and/or about the user. In accordance with this method, a user may obtain a desired program at minimal or no cost in return for a periodic exchange of information. The program's limited life span ensures the user's cooperation in providing such information and helps to build a profile of the user for marketing purposes.

Figure 2 is a flow diagram of an exemplary interaction between a user, a distributor, a program, and a module in accordance with the present invention. In this example, the distributor not only distributes the module and the program, but also operates the recharge facility. In this example, the program ("ErgoPal") is designed to perform a primary function of monitoring a user's keystrokes, sensing fatigue and stress as a function of those keystrokes, and alerting the user to increases in fatigue and stress levels. Such a function makes the program desirable to a user. As shown in Figure 2, a user first contacts the distributor and requests the program as shown at step 20. This may be achieved, for example, by using a computer to access the distributor's website and by selecting a hyperlink to download the program. As shown at step 22, the distributor requests data from the user, such as name, address, telephone number, email address, etc. The user agrees to provide such user data in lieu of a fee to obtain the program. For example, the user may supply such data by completing an electronic form on the distributor's website. In exchange for the user data, the distributor provides the user with a copy of the program, as shown at step 24. In this example, the program is configured to include a module in accordance with the present invention. Preferably, the program is transmitted to the user's computer via the Internet. The distributor then provides the user with a supply of the consumable element, e.g., by providing a code, as shown at step 26. When the user installs the program on his computer, he is prompted to enter the code to complete the installation and activate the program. In an alternate embodiment, the distributor may transmit the code to the module electronically and activate the program without any intervention from the user. The user may thereafter use the program until the supply of the consumable element has been depleted. For example, the consumable element may permit usage for a limited period of time, a given number of uses, etc. Usage of the program causes gradual consumption of the consumable element, as shown at step 28 in Figure 2. During operation of the program, the module may optionally display a gauge showing the amount of the consumable element that remains before the program will be deactivated.

In this embodiment, the module is configured to display advertisements in a frame around a window in which the program's operation is displayed and to collect data during the operation usage of the program. For example, the usage data may include a length of time that each advertisement was displayed, frequency that each advertisement was displayed, a date and/or time when each advertisement was displayed, etc. In this embodiment, each advertisement is a user-selectable hyperlink which may be used to connect ("click through") to the advertiser's website, provided that the user's computer is capable of connecting to the Internet. If the user clicks through to the advertiser's website, the program also records in the usage data that the user selected the advertisement, was directed to the advertiser's website, and/or the time and date of such events. Such usage data may be stored on the user's computer for future reference.

After depletion of the consumable element, the program, or a component of the program, is deactivated, as shown at 32. For example, the program may be designed to deactivate in one of the following ways: after a fixed period of time, e.g., 30 days from the date of installation; after a length of use of the program, e.g., a total of 30 hours across multiple program sessions; after an advertisement has been displayed a certain number of times; or after each advertisement of a group of advertisements has been displayed a minimum number of times, etc. In one embodiment, the rate of consumption of the consumable element may vary, for example, as a function of the type of functions being performed by the program. In another embodiment, the supply of the consumable element may be used for multiple programs, and each program may consume the consumable element at a different rate which may depend, for example, on the perceived value of each respective program. In another embodiment, the consumption rate may vary with time, e.g., to reflect increasing popularity of a particular program. In yet another embodiment, there may be various grades of the consumable element, e.g., a higher grade may burn longer, or provide for operation of more desirable parts of the program, or run more desirable programs. In yet another embodiment, conversions may be made between various grades of the consumable element.

After depletion of the supply of the consumable element, the program no longer performs the desired function. If the user wishes to continue using the program it must be reactivated. To do so, the user contacts the distributor (i.e., communicates with the distributor's computer(s)) to request refreshment of the user's supply of the consumable element, as shown at step 34. For example, the user may be presented with a notice that the program has been deactivated and a "click here" button to connect to the distributor. Alternatively, the module may contact the distributor automatically.

Electronic communication between the user and the distributor's computer(s) or website provides the distributor with an opportunity to exchange information with the user, the user's computer and/or the user's module. As shown in step 36, the distributor may use this opportunity to gather the usage data recorded by the program since the last transmission of data to the recharge facility. The distributor may learn, for example, that a certain advertiser's advertisement was displayed 67 times for a total of 21 hours. This information assists the distributor's sales of advertising space in the program. Alternatively, the distributor may learn that certain aspects of the program were used, while others were not, or that the user has certain Web browsing habits, etc. In an embodiment in which the module displays advertisements, the distributor may also update the advertisements and/or transmit new advertisements to the user's computer for display by the program. In one embodiment the user may select a category of advertisements he would like to receive, e.g., advertisements relating to sports activities. In another embodiment, the distributor supplies advertisements on the basis of the user data provided in exchange for the program. In yet another embodiment advertisements are supplied on the basis of the advertisement display data. In this manner, the selection of advertisements is custom-tailored to the user's preferences. The distributor may also transmit instructions to delete or retain certain of the advertisements previously displayed by the program. Combinations of one or more of the above-mentioned approaches are possible.

Finally, the distributor provides the user with a supply of the consumable element, as shown at step 26. For example, this may be achieved by augmenting "credits" on the user's computer, resetting or turning back a timer, etc.

Figure 3 is a flow diagram of an exemplary program in accordance with the present invention. When the user starts the program, the module first checks the supply of the consumable element to see if the supply has been depleted, as shown at steps 50 and 52.

If the supply has not been depleted, the program is permitted to run and the user is permitted to use the program, as shown at step 54 of Figure 3. The module then gradually consumes the consumable element, as shown at step 56. In this embodiment, the module monitors the usage of the associated program during usage of the program, as shown at step 58.

The module continues to monitor the supply of the consumable element and continues to permit the user to use the program, as shown at steps 50, 54.

The user may contact a recharge facility at any time, e.g., by visiting the recharge facility's website. If the user contacts a recharge facility before depletion of the consumable element supply, the module transmits usage data gathered by the program in exchange for a supply of the consumable element and the user is permitted to continue using the program, as shown at steps 60, 62, 64, 56.

If the user voluntarily terminates the program, as shown at step 66, the module stops consumption of the consumable element, as shown at step 68, and the program ends.

If the user's supply of the consumable element is depleted, the module deactivates the program, as shown at step 70. The user and/or the module then contacts a recharge facility and transmits the usage data to the recharge facility, as shown at steps 72, 74. This provides the recharge facility with valuable advertisement effectiveness and user information. In addition, it provides the recharge facility with an opportunity to provide, and the program to receive, new advertisements, if desired. Finally, the recharge facility authorizes the module to refresh the user's supply of the consumable element.

It is preferable that all communications be made electronically. However, in an alternate embodiment, the program may be stored on a storage medium such as a floppy disk or a CD and the storage medium may be distributed by mail or shipped by courier to the user. Similarly, the distributor may print the code on a postcard and mail the postcard to the user's address to allow the user to refresh the user's supply of the consumable element.

It should be appreciated that a software module in accordance with the present invention may be distributed apart from a computer program for performing a function desirable to a user. The module performs the functions of deactivating and reactivating the program, collecting user data, displaying advertisements, communicating with the distributor, etc. Advantageously, such a module may designed as part of the program. Alternatively, the module may be designed and/or distributed to function separate and apart from the computer program, the program requiring little or no modification to function in conjunction with the module. Accordingly, the module could be used as an "add-on" to existing software designed by others. Additionally, the module could be used to monitor and cause to function many different computer programs, each of which may require different grades of the consumable element, or consume the consumable element at differing rates, as discussed above. Information transmitted by modules of different users may be compiled, for example by the distributor, to provide a rating or review system of software used by those users. This information, or information indicating an extent of usage may be used to determine the grade or consumption rate of the consumable element required to operate the software, e.g., highly rated software may require higher grade units of the consumable element or consume units at a faster rate.

Optionally, a centralized facility, e.g. a website, is provided for converting between grades or exchanging units of consumable elements. In one embodiment, conversion rates vary with time and impact the consumption of the consumable elements in real time. In another embodiment, software producers are permitted to post "ask offers" indicating their fee for displaying advertisements in connection with their software and advertisers are permitted to post

"bid offers" indicating a fee the advertiser is willing to pay to have its advertisement included for display in connection with a software producer's software in accordance with the present invention. In such an embodiment, the centralized facility matches bid offers and ask offers and facilitates transactions between advertisers and software producers. It is noted that the present invention is extensible to content providers who do not provide executable programs, e.g., those who distribute reports, data, analyses, video content, audio content, etc. Such content providers may distribute their content with a module in accordance with the present invention such that the content may be used by the user only until expiration of a consumable element. It is contemplated herein that vendors or service providers may award units of the consumable element to its customers for promotional purpose, e.g., akin to awarding of frequent flyer miles with a purchase of tangible good. Alternatively, it is contemplated herein that vendors or service providers may accept units of the consumable element for purchase of goods and services.

Having thus described a few particular embodiments of the invention, various alterations, modifications, and improvements will readily occur to those skilled in the art. Such alterations, modifications and improvements as are made obvious by this disclosure are intended to be part of this description though not expressly stated herein, and are intended to be within the spirit and scope of the invention. Accordingly, the foregoing description is by way of example only, and not limiting. The invention is limited only as defined in the following claims and equivalents thereto.

Claims

What is claimed is:

1. A computer readable medium comprising: a first subroutine for monitoring a supply of a consumable element; a second subroutine for gradually consuming the supply of the consumable element during operation of an associated computer program; and a third subroutine for deactivating the associated computer program upon depletion of the supply of the consumable element.

2. The medium of claim 1, further comprising: a fourth subroutine for reactivating the computer program upon refreshment of the supply of the consumable element.

3. The medium of claim 1, further comprising: a fifth subroutine for contacting a recharge facility for refreshing the supply of the consumable element.

4. The medium of claim 3 , wherein the fifth subroutine is configured to contact the recharge facility without intervention by a user.

5. The medium of claim 1, further comprising: a sixth subroutine for monitoring a user's usage of the associated computer program and exchanging usage data for a supply of the consumable element.

6. The medium of claim 1, further comprising: a seventh subroutine for monitoring a user's usage of the user's computer and exchanging usage data for a supply of the consumable element.

7. The medium of claim 1, further comprising: a computer program for performing a function desirable to a user.

8. The medium of claim 1, further comprising: an eighth subroutine for displaying an advertisement during operation of the computer program; an ninth subroutine for monitoring display and usage of the advertisement; and a tenth subroutine for exchanging advertisement display and usage data for a supply of the consumable element.

9. A method for establishing periodic communications with a user comprising the steps of:

(a) transmitting to a user a computer software module for monitoring a supply of a consumable element and deactivating a computer program upon depletion of the consumable element;

(b) receiving data from the user; and

(c) providing the user with a supply of the consumable element.

10. The method of claim 9, wherein the data is received from the user in step (b) via a communications network.

11. The method of claim 10, wherein the user is provided with a supply of the consumable element in step (c) via a communications network.

12. The method of claim 10, wherein the user is provided with a supply of the consumable element in step (c) by transmitting to the user a code instructing the module to augment the supply of the consumable element.

13. The method of claim 12, wherein step (c) is performed responsive to step (b).

14. The method of claim 9, further comprising the step of:

(d) transmitting an advertisement to the user for display by the module.; wherein the data received in step (b) reflects a degree of display and usage of the advertisement.

15. The method of claim 14, wherein the advertisement is a user-selectable hyperlink to a website of the advertisement's sponsor.

16. The method of claim 15, wherein the data received in step (b) indicates a time and date of the user's selection of the hyperlink associated with the advertisement.

17. The method of claim 16, wherein the module is configured to display an advertisement selected from a plurality of advertisements and to periodically select and display a different advertisement selected from the plurality of advertisements.

18. The method of claim 17, wherein the plurality of the advertisements comprises advertisements which are determined to be of probable interest to the user in view of the data received in step (b).

19. The method of claim 9, wherein a quantity of the consumable element supplied in step (c) is determined as a function of the data received in step (b).

20. The method of claim 9, wherein a grade of the consumable element supplied in step (c) is determined as a function of the data received in step (b).

21. The method of claim 9, wherein the module is configured to indicate an amount of use remaining before deactivation of the program.