>> (PORTFOLIO) Scott VS. VUDU

 

The general claims chart exemplified below is one of many claims charts on multiple intellectual property assets invented by Scott. In addition to other proofs of ‘first-to-invent’ status, signed NDA’s, leaked competitor emails, internal competitor documents, federal file wrappers, news videos, whistle-blower testimony, court records and voluminous other evidence exists to support the veracity of the assertions over IP rights.

So let’s take a look at Scott’s patent Vs. VUDU. These are not ALL of the points that show that Scott was first, just a few of the ponts:

Scott’s IP

VUDU Inc.’s Protocol

A content distribution system, the system comprising:

General Summary of VUDU, Inc.’s Satisfaction of Claim Element: VUDU is a modified peer-to-peer distribution system for media delivery, including movies and television shows, to set-top boxes.

VUDU has arrived. The revolutionary VUDU box and service deliver instant access to thousands of movies and TV shows directly through the television, without requiring a computer or cable/satellite TV service.”

http://www.vudu.com/aboutus_background.html (7/1/09)

How does VUDU work?

VUDU uses patent-pending technology developed over the past several years to deliver movies instantly over the Internet directly to your TV. VUDU employs a unique peer-based distributed network model that enables robust and efficient delivery of movies to each home. This model has allowed VUDU to offer HDX movies – the highest-quality on-demand video available – at the same price as instant HD. In addition, VUDU pre-positions content across the network and caches previews and metadata on each box to create a seamless and instant viewing experience.”

http://supports.vudu.com/questions/85/How+does+VUDU+work%3F+ (7/1/09)

Does VUDU Use Peer-to-peer Distribution?

Yes, VUDU distributes content in part using an encrypted and efficient peer-based network. This network enables VUDU to provide its users with high performance and reliability regardless of demand. When you watch a movie, the movies is downloaded from a number of different places including other VUDU boxes and VUDU’s servers as required. You may also notice that your VUDU box sometimes uses your Internet connection when you are not actively watching a movie. Each VUDU box on the Internet contributes small amounts of data from time to time to help others enjoy the VUDU service. It is important to note that VUDU’s peer-based network is not in any way related to or based on BitTorrent. It is used only for the secure distribution of VUDU movies, TV shows and related content.”

http://supports.vudu.com/questions/219/Does+VUDU+Use+Peer-to-peer+Distribution%3F (7/1/09)

a control server configured to manage distribution of content to a plurality of content distribution nodes in a network;

General Summary of VUDU, Inc.’s Satisfaction of Claim Element: VUDU uses a control server to manage distribution of content. As a commercial provider of content, VUDU must control and monitor what is distributed to client set-top boxes. VUDU used predictive technology to pre-load set-top boxes with content and manages the distribution of content within the system.

Instead of all downloads coming from one central server, VUDU units use a BitTorrent style P2P network so that other VUDU boxes that already have the content will send parts of the file to the requesting unit. This will greatly reduce download times, just as BitTorrent does. Additionally, VUDU will use a predictive system, in a way similar to TiVo Suggestions. Based on predictions of which content is most likely to be rented, VUDU will download the start of the video file in advance. This allows the user to start playback immediately, while the unit continues to download the rest of the file in the background. That’s pretty clever.”

http://blogs.computerworld.com/node/5444 (7/1/09) (emphasis added)

Illegal distribution is the main reason many large and small film studios will not sell their movies as digital downloads. Vudu, however, has been exceptionally good at gaining major film studio support precisely, because Vudu’s streamed movies will never pass through a computer to get to your TV. Vudu’s movies will be distributed using P2P technology similar to such purveyors of illegal files as Bit Torrent and the original Napster, yet will only consist of legally licensed content. Vudu has made deals with seven major film studios (Sony is an exception), many more indies and international distributors. What’s special about how these movies will be transmitted to your TV screen is the way which Vudu turns a P2P download into an instant play movie. Vudu will gather data form a network of users like a normal P2P application, yet it will also store the beginnings of its catalog on its own servers. When a user chooses to watch a movie, it’s beginning will be streamed immediately from Vudu servers while its middle and end are downloaded in the background from the rest of the network and played when appropriate. This hybrid approach makes it feasible to stream a vast index of HD content on demand with the ability to scale at low costs for Vudu and consumers. To ease the process even more Vudu streams content in MPEG-4 format which is then converted to HD.”

http://www.crunchbase.com/company/vudu (7/1/09) (emphasis added)

But to get those movies playing quickly, the Vudu engineers struck upon another notion: using a slice of the digital real estate on each Vudu box to store the beginning portions of each film. They also delved into the science of predictions. When the company determines that a movie is more likely to be rented or purchased — early in its release, for example — it will plant lengthier pieces of that film on unused portions of Vudu boxes in customer homes.”

http://www.nytimes.com/2007/04/29/business/yourmoney/29vudu.html?pagewanted=2&_r=1 (7/1/09) (emphasis added)

Techniques for sharing data among a plurality of networked devices, also referred to network nodes, are discussed. To best use an available uploading bandwidth of a device sharing data with a receiving device, a portion of the data is uploaded within the available uploading bandwidth, and another portion of the data is uploaded from another device locally caching the same data. To satisfy the minimum transmission rate of the data to the receiving device, both portions of the data are concurrently uploaded from the two devices to the receiving device. In reference to a predetermined minimum uploading bandwidth and the available uploading bandwidth, the two portions of data are interleaved and must be reassembled to recover the data for consumption in the receiving device. A size of the first portion of the data is determined by a server in view of the available uploading bandwidth a designated supplying box has.”

U.S. Patent Application No. 11/930,147, Abstract (filed Oct. 31, 2007 and assigned to Vudu, Inc.)(emphasis added)

U.S. Patent Application No. 11/930,147, Figure 1 (filed Oct. 31, 2007 and assigned to Vudu, Inc.)(emphasis added)

[0030] FIG. 1 shows an exemplary configuration 100 of a distributed network system 100, in which the present invention may be practiced. It will be appreciated that the entire network may comprise a number of such network systems 100, for example, one for each box of a particular type, size, content, and etc.

 

 

[0031] A server 102, presumably managed and/or populated by a service provider, is configured to handle the delivery of video (or multimedia) services to users via local machines or boxes 106-1, 106-2, … 106-n. Different from a prior art video delivery system that delivers video data to a subscriber upon receiving a request therefrom, the server 102 is not responsible for delivering the content in response to a request from a user, and instead is configured to provide source information as to where and how to retrieve at least some of the content from other client machines, also referred to as boxes.”

U.S. Patent Application No. 11/930,147, ¶¶ 30-31 (filed Oct. 31, 2007 and assigned to Vudu, Inc.)(emphasis added)

1. A method for providing media-on-demand services, the method comprising:

preparing media data pertaining to a title into a sequence of data blocks, each of the data blocks including a chunk of data;

fragmenting the media data into K segments, each of the K segments including data blocks interleaved from the media data, thus the data blocks in each of the K segments are non-consecutive;

distributing the K segments into boxes in service, and causing an i-th segment of the K segments to be cached in at least a first box and a second box;

measuring an available uploading bandwidth of the first and second boxes when receiving an order for the title from an ordering box;

designating the first and second boxes to supply collectively the i-th segment to the ordering box, wherein the first device is configured to supply a first portion of the i-th segment not exceeding the available uploading bandwidth of the first device.”

U.S. Patent Application No. 11/930,147, Claim 1 (filed Oct. 31, 2007 and assigned to Vudu, Inc.)(emphasis added)

a first content distribution node from the plurality of content distribution nodes, the first content distribution node having access to at least a portion of content for distribution, wherein the content has been broken into one or more segments of content, the segments each composed of one or more data packets;

General Summary of VUDU, Inc.’s Satisfaction of Claim Element: The VUDU distribution system is comprised of multiple set-top boxes in a peer-to-peer distribution system. Each set-top box contains segments of media content for distribution. In some instances, initial content may be distributed directly from VUDU via its servers.

Why Does VUDU Send and Receive Data When I’m Not Using It?

In order to permit the instant viewing of SD and HD movies, VUDU distributes small portions of the beginning of most titles to your VUDU box. When you press ‘play’, VUDU is able to start playing the beginning of the movie while it begins downloading the rest of the movie. Additionally, VUDU regularly releases new content which requires downloading the new database and cover art. The peer-based network that VUDU uses to distribute movies also may require your VUDU box to contribute to others’ enjoyment of the service. The use of upload bandwidth is limited to 350kbps or less depending on bandwidth tests and is shared among all VUDU boxes on the Internet.”

http://supports.vudu.com/questions/220/Why+Does+VUDU+Send+and+Receive+Data+When+I

%92m+Not+Using+It%3F (7/1/09)

Does VUDU Use Peer-to-peer Distribution?

Yes, VUDU distributes content in part using an encrypted and efficient peer-based network. This network enables VUDU to provide its users with high performance and reliability regardless of demand. When you watch a movie, the movies is downloaded from a number of different places including other VUDU boxes and VUDU’s servers as required. You may also notice that your VUDU box sometimes uses your Internet connection when you are not actively watching a movie. Each VUDU box on the Internet contributes small amounts of data from time to time to help others enjoy the VUDU service. It is important to note that VUDU’s peer-based network is not in any way related to or based on BitTorrent. It is used only for the secure distribution of VUDU movies, TV shows and related content.”

http://supports.vudu.com/questions/219/Does+VUDU+Use+Peer-to-peer+Distribution%3F (7/1/09)

The whole Vudu architecture works so well because of the boxes all sharing content with one another.”

http://forum.vudu.com/showthread.php?t=1884&page=2 (NA9D, Senior Member Post on 12/13/2007 at 5:42 AM)

2/18/09 – HERE IS AN ANSWER I GOT BACK FROM CUSTOMER SUPPORT REGARDING BANDWIDTH: All of our content is distributed out to each VUDU box. When a VUDU box is set to 4mbps, it is connected to 16 peers that need information off of your box and can use up to 300kbps of your upload stream.”

http://forum.vudu.com/showthread.php?t=11606 (AndyMan, Junior Member Post on 2/17/2009 at 8:12 AM)

1. A method for providing media-on-demand services, the method comprising:

preparing media data pertaining to a title into a sequence of data blocks, each of the data blocks including a chunk of data;

fragmenting the media data into K segments, each of the K segments including data blocks interleaved from the media data, thus the data blocks in each of the K segments are non-consecutive;

distributing the K segments into boxes in service, and causing an i-th segment of the K segments to be cached in at least a first box and a second box;

measuring an available uploading bandwidth of the first and second boxes when receiving an order for the title from an ordering box;

designating the first and second boxes to supply collectively the i-th segment to the ordering box, wherein the first device is configured to supply a first portion of the i-th segment not exceeding the available uploading bandwidth of the first device.”

U.S. Patent Application No. 11/930,147, Claim 1 (filed Oct. 31, 2007 and assigned to Vudu, Inc.)

If I set the bandwidth limit to 1mbs, I have noticeable degradation in network performance. I have posted the router logs for my Vudu. The destination IP’s are all across the country and the amount of packets (not the size) sent is alarming. Vudu is a very chatty application. I would like to know more about how I am updating content on up to 16 Vudu boxes owned by other vudu users. I sent more details of the my home setup to Customer support about an hour, ago.”

http://forum.vudu.com/showthread.php?t=11606 (AndyMan, Junior Member Post on 2/18/2009 at 9:10 AM)

Techniques for sharing data among a plurality of networked devices, also referred to network nodes, are discussed. To best use an available uploading bandwidth of a device sharing data with a receiving device, a portion of the data is uploaded within the available uploading bandwidth, and another portion of the data is uploaded from another device locally caching the same data. To satisfy the minimum transmission rate of the data to the receiving device, both portions of the data are concurrently uploaded from the two devices to the receiving device. In reference to a predetermined minimum uploading bandwidth and the available uploading bandwidth, the two portions of data are interleaved and must be reassembled to recover the data for consumption in the receiving device. A size of the first portion of the data is determined by a server in view of the available uploading bandwidth a designated supplying box has.”

U.S. Patent Application No. 11/930,147, Abstract (filed Oct. 31, 2007 and assigned to Vudu, Inc.)

[0035] According to one embodiment of the present invention, only one or more tail segments of a file are locally cached in a box. In some case, the locally cached may also include a beginning portion (referred to as a “header”) for instant access. Such locally cached segments are referred to as residing objects or segments, while segments not residing locally are referred to as distributed objects or segments. If a beginning portion is locally cached, when a title is selected, the locally cached beginning portion or the header of the corresponding file is instantly played back. During the time the header is being played, the distributed segments corresponding to the title are retrieved simultaneously from other designated boxes. When the header is finished, the received parts of the distributed segments being streamed in from other boxes is combined with the residing segments for the title, if any, to enable the continuous playback of the title.”

U.S. Patent Application No. 11/930,147, ¶ 35 (filed Oct. 31, 2007 and assigned to Vudu, Inc.) (emphasis added)

a second content distribution node from the plurality of content distribution nodes, the second content distribution node having access to at least a portion of content for distribution, wherein the content has been broken into one or more segments of content, the segments each composed of one or more data packets;

General Summary of VUDU, Inc.’s Satisfaction of Claim Element: The VUDU distribution system is comprised of multiple set-top boxes in a peer-to-peer distribution system. Each set-top box contains segments of media content for distribution.

Why Does VUDU Send and Receive Data When I’m Not Using It?

In order to permit the instant viewing of SD and HD movies, VUDU distributes small portions of the beginning of most titles to your VUDU box. When you press ‘play’, VUDU is able to start playing the beginning of the movie while it begins downloading the rest of the movie. Additionally, VUDU regularly releases new content which requires downloading the new database and cover art. The peer-based network that VUDU uses to distribute movies also may require your VUDU box to contribute to others’ enjoyment of the service. The use of upload bandwidth is limited to 350kbps or less depending on bandwidth tests and is shared among all VUDU boxes on the Internet.”

http://supports.vudu.com/questions/220/Why+Does+VUDU+Send+and+Receive+Data+When+I

%92m+Not+Using+It%3F (7/1/09)

Does VUDU Use Peer-to-peer Distribution?

Yes, VUDU distributes content in part using an encrypted and efficient peer-based network. This network enables VUDU to provide its users with high performance and reliability regardless of demand. When you watch a movie, the movies is downloaded from a number of different places including other VUDU boxes and VUDU’s servers as required. You may also notice that your VUDU box sometimes uses your Internet connection when you are not actively watching a movie. Each VUDU box on the Internet contributes small amounts of data from time to time to help others enjoy the VUDU service. It is important to note that VUDU’s peer-based network is not in any way related to or based on BitTorrent. It is used only for the secure distribution of VUDU movies, TV shows and related content.”

http://supports.vudu.com/questions/219/Does+VUDU+Use+Peer-to-peer+Distribution%3F (7/1/09)

The whole Vudu architecture works so well because of the boxes all sharing content with one another.”

http://forum.vudu.com/showthread.php?t=1884&page=2 (NA9D, Senior Member Post on 12/13/2007 at 5:42 AM)

2/18/09 – HERE IS AN ANSWER I GOT BACK FROM CUSTOMER SUPPORT REGARDING BANDWIDTH: All of our content is distributed out to each VUDU box. When a VUDU box is set to 4mbps, it is connected to 16 peers that need information off of your box and can use up to 300kbps of your upload stream.”

http://forum.vudu.com/showthread.php?t=11606 (AndyMan, Junior Member Post on 2/17/2009 at 8:12 AM)

1. A method for providing media-on-demand services, the method comprising:

preparing media data pertaining to a title into a sequence of data blocks, each of the data blocks including a chunk of data;

fragmenting the media data into K segments, each of the K segments including data blocks interleaved from the media data, thus the data blocks in each of the K segments are non-consecutive;

distributing the K segments into boxes in service, and causing an i-th segment of the K segments to be cached in at least a first box and a second box;

measuring an available uploading bandwidth of the first and second boxes when receiving an order for the title from an ordering box;

designating the first and second boxes to supply collectively the i-th segment to the ordering box, wherein the first device is configured to supply a first portion of the i-th segment not exceeding the available uploading bandwidth of the first device.”

U.S. Patent Application No. 11/930,147, Claim 1 (filed Oct. 31, 2007 and assigned to Vudu, Inc.)

If I set the bandwidth limit to 1mbs, I have noticeable degradation in network performance. I have posted the router logs for my Vudu. The destination IP’s are all across the country and the amount of packets (not the size) sent is alarming. Vudu is a very chatty application. I would like to know more about how I am updating content on up to 16 Vudu boxes owned by other vudu users. I sent more details of the my home setup to Customer support about an hour, ago.”

http://forum.vudu.com/showthread.php?t=11606 (AndyMan, Junior Member Post on 2/18/2009 at 9:10 AM)

Techniques for sharing data among a plurality of networked devices, also referred to network nodes, are discussed. To best use an available uploading bandwidth of a device sharing data with a receiving device, a portion of the data is uploaded within the available uploading bandwidth, and another portion of the data is uploaded from another device locally caching the same data. To satisfy the minimum transmission rate of the data to the receiving device, both portions of the data are concurrently uploaded from the two devices to the receiving device. In reference to a predetermined minimum uploading bandwidth and the available uploading bandwidth, the two portions of data are interleaved and must be reassembled to recover the data for consumption in the receiving device. A size of the first portion of the data is determined by a server in view of the available uploading bandwidth a designated supplying box has.”

U.S. Patent Application No. 11/930,147, Abstract (filed Oct. 31, 2007 and assigned to Vudu, Inc.)

[0035] According to one embodiment of the present invention, only one or more tail segments of a file are locally cached in a box. In some case, the locally cached may also include a beginning portion (referred to as a “header”) for instant access. Such locally cached segments are referred to as residing objects or segments, while segments not residing locally are referred to as distributed objects or segments. If a beginning portion is locally cached, when a title is selected, the locally cached beginning portion or the header of the corresponding file is instantly played back. During the time the header is being played, the distributed segments corresponding to the title are retrieved simultaneously from other designated boxes. When the header is finished, the received parts of the distributed segments being streamed in from other boxes is combined with the residing segments for the title, if any, to enable the continuous playback of the title.”

U.S. Patent Application No. 11/930,147, ¶ 35 (filed Oct. 31, 2007 and assigned to Vudu, Inc.) (emphasis added)

an end-user client device communicatively coupled to the plurality of content distribution nodes by the network, wherein the client device receives a first portion of the entirety of the content for distribution from the first content distribution node and a second portion of the entirety of the content for distribution from the second content distribution node.

General Summary of VUDU, Inc.’s Satisfaction of Claim Element: The VUDU distribution system is comprised of multiple set-top boxes in a peer-to-peer distribution system. Each set-top box contains segments of media content for distribution. The end-user client set-top box receives content from other set-top boxes in the peer-to-peer distribution system. In some instances, the end-user client set-top box may have received initial content directly from VUDU via its servers.

Does VUDU Use Peer-to-peer Distribution?

Yes, VUDU distributes content in part using an encrypted and efficient peer-based network. This network enables VUDU to provide its users with high performance and reliability regardless of demand. When you watch a movie, the movies is downloaded from a number of different places including other VUDU boxes and VUDU’s servers as required. You may also notice that your VUDU box sometimes uses your Internet connection when you are not actively watching a movie. Each VUDU box on the Internet contributes small amounts of data from time to time to help others enjoy the VUDU service. It is important to note that VUDU’s peer-based network is not in any way related to or based on BitTorrent. It is used only for the secure distribution of VUDU movies, TV shows and related content.”

http://supports.vudu.com/questions/219/Does+VUDU+Use+Peer-to-peer+Distribution%3F (7/1/09)

2/18/09 – HERE IS AN ANSWER I GOT BACK FROM CUSTOMER SUPPORT REGARDING BANDWIDTH: All of our content is distributed out to each VUDU box. When a VUDU box is set to 4mbps, it is connected to 16 peers that need information off of your box and can use up to 300kbps of your upload stream.”

http://forum.vudu.com/showthread.php?t=11606 (AndyMan, Junior Member Post on 2/17/2009 at 8:12 AM)

Why Does VUDU Send and Receive Data When I’m Not Using It?

In order to permit the instant viewing of SD and HD movies, VUDU distributes small portions of the beginning of most titles to your VUDU box. When you press ‘play’, VUDU is able to start playing the beginning of the movie while it begins downloading the rest of the movie. Additionally, VUDU regularly releases new content which requires downloading the new database and cover art. The peer-based network that VUDU uses to distribute movies also may require your VUDU box to contribute to others’ enjoyment of the service. The use of upload bandwidth is limited to 350kbps or less depending on bandwidth tests and is shared among all VUDU boxes on the Internet.”

http://supports.vudu.com/questions/220/Why+Does+VUDU+Send+and+Receive+Data+When+I

%92m+Not+Using+It%3F (7/1/09)

The whole Vudu architecture works so well because of the boxes all sharing content with one another.”

http://forum.vudu.com/showthread.php?t=1884&page=2 (NA9D, Senior Member Post on 12/13/2007 at 5:42 AM)

Techniques for sharing data among a plurality of networked devices, also referred to network nodes, are discussed. To best use an available uploading bandwidth of a device sharing data with a receiving device, a portion of the data is uploaded within the available uploading bandwidth, and another portion of the data is uploaded from another device locally caching the same data. To satisfy the minimum transmission rate of the data to the receiving device, both portions of the data are concurrently uploaded from the two devices to the receiving device. In reference to a predetermined minimum uploading bandwidth and the available uploading bandwidth, the two portions of data are interleaved and must be reassembled to recover the data for consumption in the receiving device. A size of the first portion of the data is determined by a server in view of the available uploading bandwidth a designated supplying box has.”

U.S. Patent Application No. 11/930,147, Abstract (filed Oct. 31, 2007 and assigned to Vudu, Inc.)

[0035] According to one embodiment of the present invention, only one or more tail segments of a file are locally cached in a box. In some case, the locally cached may also include a beginning portion (referred to as a “header”) for instant access. Such locally cached segments are referred to as residing objects or segments, while segments not residing locally are referred to as distributed objects or segments. If a beginning portion is locally cached, when a title is selected, the locally cached beginning portion or the header of the corresponding file is instantly played back. During the time the header is being played, the distributed segments corresponding to the title are retrieved simultaneously from other designated boxes. When the header is finished, the received parts of the distributed segments being streamed in from other boxes is combined with the residing segments for the title, if any, to enable the continuous playback of the title.”

U.S. Patent Application No. 11/930,147, ¶ 35 (filed Oct. 31, 2007 and assigned to Vudu, Inc.) (emphasis added)