Introduction

Based on public comments submitted to the USPTO, the agency compiled a list of more than 100 companies that have developed, are proposing to develop, or offering technological protection systems (including components thereof) to protect digitized copyrighted works and prevent infringement. A complete list of these companies is attached as Appendix A to this report. Many companies are constantly entering (and leaving) the rapidly evolving market for technological protection systems. Thus, as Congress itself recognized, any attempt to report on developments in this changing arena will “only provide a snapshot in time” because of the continual advances in technology. 18

Solely to provide information requested by Congress, this section of the report briefly discusses selected technological protection systems that are under development or currently available in the marketplace. All descriptions of commercially available products in this section are distilled from information that is made publicly available by the companies. The USPTO has not conducted an independent analysis of these products and services and makes no recommendations, comparisons, or comparative assessments of the technological protection systems discussed in this section or included in the list attached to this report as Appendix A. Almost all the products and services discussed in this section are registered trademarks.

Companies and Products

Adobe Systems, Inc.

Adobe Systems is a provider of graphic design, publishing, and imaging software for web and print production. Adobe offers a line of software products for managing information of all types. The Adobe Portable Document Format (PDF) is a format for secure and reliable electronic files. Adobe Acrobat software enables users to create PDF files, which prevent unauthorized viewing of documents. The “Adobe Acrobat eBook Reader” is software that displays Adobe PDF-based eBooks on notebook and desktop computers. The “Adobe Content Server” is a system that allows publishers, distributors, retailers, and individual authors to prepare, secure, and license eBooks in Adobe PDF directly from their web sites. More information on Adobe Systems and its products is available at: http://www.adobe.com.

Aladdin Knowledge Systems, Ltd.

Aladdin Knowledge Systems offers products used to manage network security, including applications for managing content and guarding against computer viruses. Aladdin's products are incorporated into virtual private networks, intranets, and extranets. Aladdin also offers software protection systems that enable software developers to securely distribute and manage software licenses and other electronic content. Aladdin's products include: “HASP and Hardlock,” hardware-based software security systems; “Privilege” software commerce solutions, “eToken,” a powerful two-factor authentication USB device and the “eSafe” suite of anti- virus and content security solutions. More information on Aladdin Knowledge Systems and its products is available at: http://www.ealaddin.com.

Alpha-Tec, Ltd.

Alpha-Tec is a research and development company providing digital image and video processing software, including watermarking products for images, video, audio, and 3D graphics. More information on Alpha-Tec and its products is available at: http://www.alphatec.com.

AlpVision

AlpVision provides digital watermarking, image processing, security products, and other services. AlpVision’s video watermarking technology, which is applicable to digital and analog video, can be used for tracking, fingerprinting, and copyright infringement detection. AlpVision’s “Signit!” is digital image processing software used to embed and retrieve registration numbers from signed images. AlpVision’s “LabelIt!” is an application that can be used to embed a string of 20 characters in a scanned image. The Company’s “CD-Check” application provides secure access to CD-ROMs. More information on AlpVision and its products is available at: http://www.alpvision.com.

Certicom Corporation

Certicom Corporation is an encryption technology company specializing in security solutions for mobile computing and wireless data markets, including mobile ecommerce. Certicom’s “movianDM” provides centralized policy management for secure mobile devices, which can be used by network administrators in connection with other Certicom products to centrally manage, deploy and enforce common handheld security devices. More information on Certicom and its products is available at: http://www.certicom.com.

Cisco Systems, Inc.

Cisco Systems provides networking solutions that connect computing devices and computer networks, allowing people to access or transfer information without regard to differences in time, place, or type of computer. Cisco Systems developed the Open Conditional Content Access Management (OCCAM), an encryption-based open technolo gy standard for use in protecting digital content from unauthorized copying, distribution, and playback, which can be used to protect content during transmission and storage in any public, private or home network.

ContentGuard, Inc.

ContentGuard, a DRM technology company, developed and promoted a standard digital rights language known as Extensible Rights Markup Language (XrML), a means of defining and controlling the rights and conditions associated with the use of copyrighted materials, which is discussed more fully below. ContentGuard offers version 2.0 of XrML, which extends the range of rights-enabled business models applicable to digital content as well as web services. Using XrML 2.0, a single digital rights language can be used to assign fine-grained rights and conditions to both digital content and services. More information on ContentGuard and its products is available at: http://www.contentguard.com.

Copyright Clearance Center (CCC)

The Copyright Clearance Center (CCC) is a voluntary, not-for-profit, industry-led organization that offers licensing and infringement protection services for both electronic and paper-based works. Created in 1978 at the suggestion of Congress, CCC today is a clearinghouse for processing rights for copyrighted text materials, with bilateral contracts with almost 20 counterpart organizations in other countries. Beginning with a simple transactional service by which rights holders and users could exchange permissions and royalties relating to the licensing of photocopying, CCC has developed a suite of licensing services to provide materials for education in colleges and universities. In 2000, CCC launched its “Rightslink” service, a technology protection system that allows publishers to engage in point-of-content licensing of materia ls published on web sites. More information on CCC is available at: http://www.copyright.com.

Digimarc Corporation

Digimarc Corporation is a provider of patented digital watermarking technologies that allow imperceptible digital code to be embedded in the printed or digital version of visual content, to deter counterfeiting and enhance Internet access. Digimarc’s "ImageBridge" provides notice of copyrights and licensing opportunities for producers and distributors of commercial photographs. The Company’s "MediaBridge" provides the means to link directly from printed materials to specific Internet sites by showing the enabled document to an imaging device. Digimarc’s "Excalibur" contains a covert packaging security feature intended to deter counterfeiting, tampering and diversion of consumer packaged goods. More information on Digimarc and its products is available at: http://www.digimarc.com.

Digital Content Protection

Intel Corporation, a maker of semiconductor chips, supplies the computing and communications industry with chips, boards, systems that are integral components of computers, servers, and networking and communications products. Intel developed the High-bandwidth Digital Content Protection (HDCP), a technology to protect uncompressed digital content as it travels over Digital Visual Interface (DVI) links to computer monitor or television displays. More information on HDCP is available at: http://www.digital-cp.com.

D Soft

D Soft is a DRM company assisting authors, content creators, and rights owners in the secure distribution of digital content. The company also provides technology for secure e- mail exchange. D Soft’s products include: “get-a-seal” (for registration and certification of copyrightable content) and “get-a-copy” (an infrastructure for selling reproduction rights). D Soft offers a digitally signed, forgery proof registration certificate with a time stamp to provide evidence to defend rights. D Soft’s “get-a-view Publisher” is a DRM solution for publishers interested in entering the eBook market. D Soft’s “eBookSuite” is an eBook-making tool set for publishers, which includes DRM technology. More information on D Soft and its products is available at: http://www.dsoft.be/.

EMC Worldwide

Formerly "Authentica", EMC Worldwide is a provider of DRM technology for electronic documents, web pages, and e-mail. EMC’s products include “PageRecall” (for electronic documents, “NetRecall” (for web content), and “MailRecall” (for e- mail). The Company’s products are built around EMC’s patented “Active Rights Management” technology, which combines content security and DRM technology within its client-server architecture. EMC’s “Content Security Server,” is a web application for securely distributing and controlling e- mail and attachments. More information on EMC and its products is available at: http://www.emc.com/.

eSynch Corporation

eSynch is a software development company that designs and delivers turnkey and customized solutions for the digital delivery of rich media contents. eSynch's products include “MediaOffice,” a suite of browser-based administration tools allowing flexible, secure and intelligent Internet distribution of business media content; “Media Rights Manager,” an integrated DRM system for secure Internet distribution of video content; and “SiteStreamer,” a software toolkit that allows web sites to stream video in a more intelligent fully branded environment. More information on eSynch and its products is available at: http://www.esynch.com.

FileOpen Systems, Inc.

FileOpen Systems is a DRM technology provider. The “FileOpen Publisher” is a desktop DRM solution for managing access to PDF documents. The FileOpen Publisher has two components: “File Open Author” (for encrypting documents and setting permissions) and “File Open Client” (an Acrobat plug- in which enforces security settings 15 on end-user computers). More information on FileOpen Systems and its products is available at: http://www.fileopen.com.

Gemalto

Gemalto is a provider of technology, products and services that enable wireless network operators to offer their customers secure communications transactions through smart cards and related software. More information on Gemalto and its products and services is available at: http://www.gemalto.com.

Infraworks Corporation

Infraworks Corporation is a supplier of DRM products based on its patented “InTether” technology, which enables organizations to create and securely share digital files. The “InTether File Security Series” is a collection of applications that protect digital files both inside and outside an organization. InTether File Security Series is comprised of two components: the “Packager” (which generates encrypted packages) and the “Receiver” (a client-side application that controls access and enforces permissions). The Series includes: the “InTether Desktop” (providing for secure e- mail), the “InTether Server” (providing for secure distribution over the Internet), and the “InTether SecureCD” (providing for secure distribution of CD-ROMs). More information on Infraworks and its products available at: http://www.infraworks.com.

International Business Machines Corporation (IBM)

IBM creates, develops and manufactures advanced information technologies, including computer systems, software, networking systems, storage devices, and microelectronics. IBM’s Electronic Media Management System (EMMS) is an integrated DRM system that enables users to process media business data to package content with associated digital rights into encrypted containers for distribution to EMMS content delivery networks, retailers and enterprise portals. More information on IBM and EMMS is available at: http://www.ibm.com/us. IBM’s Digital Media Solutions, a portfolio of applications that incorporates an open and standards-based framework, assists companies to create, manage, distribute, trans act and protect their content. More information on IBM Digital Media Solutions is available at: http://www.ibm.com/industries/digitalmedia.

InterTrust Technologies Corporation

InterTrust Technologies developed a general purpose DRM platform, allowing for the protection and management of rights and interests in digital information including music, videos, software, games, publications and images. InterTrust’s “RightsSystem” DRM platform is designed to implement a range of DRM functions, including persistent protection of digital information of all types and support for simple to complex business models. The RightsSystem consists of three elements. The “Rights/System Packager” enables content owners, distributors, and service providers to create digital content and package the products for distribution. The “Rights/System Server” allows content owners to establish and maintain the secure infrastructure for the system and authorize and deliver rights to the users of the system. The “Rights/System Client” enables consumers to access and use protected content on a variety of devices, including PCs, mobile phones and communicators, set-top boxes, and music players. More information on Intertrust and its products is available at: http://www.intertrust.com. Note: InterTrust was recently acquired by Sony of America, Koninklijke Philios Electronics N.V., and another investor.

Liquid Audio, Inc.

Liquid Audio is a provider of software, infrastructure and services for the secure digital delivery of media over the Internet. Liquid Audio's open platform enables the digital delivery of music over the Internet, giving artists, record companies, web sites and retailers the ability to create, syndicate and sell recorded music with copy protection and copyright management. Liquid Audio's digital distribution system is based on patented DRM technology and technologies for secure content transfer to portable devices, as well as the ability to honor territorial restrictions for digital music content. More information on Liquid Audio and its products is available at: http://www.liquidaudio.com. Note: In 2002, Liquid Audio sold its domestic and foreign rights to its patents to Microsoft, and Liquid Audio received a royalty- free license to continue to use the technology. In 2003, Liquid Audio sold its digital music fulfillment business to Geneva Media, LLC.

Microsoft Corporation

Microsoft Corporation develops, manufactures, licenses and supports a range of software products, including scalable operation systems, server applications, worker productivity applications and software development tools. Microsoft's core DRM technology is “Windows Media Rights Manager,” an end-to-end19 system that supports the secure delivery of digital media content as it travels across the Internet and between devices. Rights Manager supports a broad array of distribution and business models, including real-time streaming of digital content. Product features include: secure packaging and distribution, flexible licensing rules, and the ability to upgrade and repair. Microsoft's “Digital Asset Server” is Microsoft's solution for electronic publishing. More information on Microsoft and its products is available at: http://www.microsoft.com.

NDS Group PLC

NDS provides conditional access, broadcast control software and products and services for the management, control and secure distribution of entertainment and information to television (satellite, terrestrial and cable) and personal computers. NDS’s “Synamedia” system, used to protect Video-on-Demand (VOD) over broadband networks using encryption technology, includes the “XTV Encryptor” (a content preparation station) and the “XTV Server” (ensuring that only authorized viewers can view encrypted VOD content). More information on NDS and its products is available at: http://www.nds.com.

Oracle Content Management

Oracle Content Management, formerly SealedMedia, is a DRM provider for publishers of all kinds of digital content (including text, images, audio and video) on the Internet. There are three software components to the Company’s “Sealed Media” solution: the “Sealer,” the “License Server,” and the “Unsealer.” The software components can be used to support digital content in a wide range of formats (including HTML, PDF, MP3, and MPEG-4). Access to sealed documents may be limited to authorized users and cease after a specified expiration date. Rights can be granted, changed or revoked at any time. More information on Oracle Content Management and its products and services is available at: http://www.oracle.com.

OverDrive, Inc.

OverDrive is a provider of technology services for the protection of digitized copyrighted works. The Company operates the Content Reserve digital rights clearinghouse and distribution service (www.contentreserve.com) that provides copyright protection and DRM services for over 30,000 works from approximately 300 commercial publishers. OverDrive also serves as a DRM service provider for a number of educational and digital content providers in the United States. The Company provides copyright management services to Internet college bookstores and educational web sites 19 in the United States and abroad and deploys DRM technologies in connection with a broad range of materials used for educational purposes. More information on OverDrive is available at: http://www.overdrive.com.

PacketVideo

PacketVideo, formerly Digital World Services (DWS), provides DRM solutions to the entertainment and publishing companies. DWS developed the “ADp2RA System,” which is the foundation for its digital distribution solutions and services. When a digital content product is sold, this system grants initial consumer content rights, administers and manages the renewal, revocation and backup of those 14 rights, and securely transfers the secure digital content throughout the digital distribution process. More information on Packet Video and its products is available at: http://www.dwsco.com/.

Palm Digital Media (PDM)

Palm Digital Media (PDM) is a division of PalmSource, the software-licensing unit of Palm. PDM has developed several eBook products for the Palm operating system, including the Palm Reader for desktops and handheld devices. The Palm “Retail Encryption Server” is the centerpiece of Palm's DRM technology. The DRM system uses a hardware identification number, which has been assigned by the Palm Reader eBook application to a handheld or desktop computer. The Server uses the identification number to lock an eBook to a specific device. More information on Palm Digital Media and its products is available at: http://www.palmdigitalmedia.com.

RealNetworks, Inc.

RealNetworks develops end-to-end solutions that allow a broad range of users to create, send and receive audio, video and other multimedia services over the Internet. The Company’s “Helix DRM” is a set of products for the secure licensing, delivery and rights management of digital media Helix DRM was designed to provide high-quality content delivery to trusted media players across all major platforms (including Internet media formats and standards-based formats such as MPEG-4) to multiple devices, including PCs, mobile devices, and home appliances. More information on RealNetworks and its products and services is available at: http://www.realnetworks.com.

Rovi

Rovi, the new name for Macrovision Corporation produces copyright protection and video scrambling technologies for commercial videocassette duplicators, software companies, set-top decoder manufacturers, and major motion picture studios. Rovi’s video products prevent unauthorized copying and viewing of programs stored on videocassette and DVD or broadcast on pay-per-view cable and over satellite networks. A major supplier for Hollywood studios, over the past few years Rovi has broadened its focus to include copy protection and DRM for other media, including multimedia computer software on CD-ROMs, electronic license management, and encryption. The company's products include: “MacroSafe;” “SafeDisc;” “FlexLm;” “SafeAuthenticate;” “SafeCast;” “SafeWrap;” “SAM Solutions;” “GT Licensing;” “Cactus Data Shield.” More information on Rovi and its products is available at: http://www.rovicorp.com/.

RSA Security, Inc.

RSA Security is a provider of electronic security solutions. The company helps build secure, trusted foundations for electronic businesses through the use of its two-factor user authentication, encryption, and public key management products and solutions. RSA offers a number of authentication products (employing software and hardware tokens, smart cards, and digital certificates) to ensure the authenticity of people, devices, and transactions. RSA’s “Web Access Management Solution” is designed to provide secure access to multiple based applications and services. RSA’s Developer Solutions offer a range of software components to secure data in any format, wired or wireless. More information on RSA Security and its products is available at: http://www.rsasecurity.com.

Safenet, Inc.

Safenet, Inc. is a developer of server-side software components, frameworks and solutions. The company's “DMDfusion” is a DRM system that enables the creation, management, and delivery of licenses to entities offering access to protected content through trusted media players and devices. DMDfusion is used to manage and control the rights to high- value digital learning materials such as multimedia tutorials, video presentations, and textbooks. Safenet’s “DMDaccess,” a server side delivery rights enforcement solution for the delivery of live and on-demand streaming content, includes flexible rights settings such as time limitations and expiration dates. More information on Safenet, Inc. and its products is available at: http://www.safenet-inc.com/.

SCM Microsystems, Inc.

SCM Microsystems designs, develops and sells hardware, software and silicon that enables users to securely access digital content and services, including content and services that have been protected through digital encryption. SCM provides, among other products, reader technology for access control systems deployed on the digital television and PC platforms, including conditional access modules and interface technology used by digital television operators to secure access to encrypted digital television broadcasts for paying subscribers. SCM also provides smart card readers and interface technology used to control access to PCs, computer networks and the Internet to facilitate computer and network security and secure on-line transactions. More information on SCM Microsystems and its products is available at: http://www.scmmicro.com/flash.html.

Sony Corporation

Sony Corporation is a diversified company operating in the motion picture, game, and electronics industries (including the development, design, manufacturing and sale of electronics equipment). Sony also manufactures and distributes recorded music and image-based software and is one of the world’s largest producers of compact discs. Although Sony’s “key2audio” copy control technology prevents computer playback, Sony offers other products that allow owners of original CDs to play music on a PC or MAC. More information on the key2audio technology is available at: http://www.key2audio.com. Sony's DRM and distribution technology, "OpenMG X," will be applicable to a growing number of network-connected devices, including PCs, OpenMG-related products, and PlayStation 2. Note: Sony of America, Koninklijke Philios Electronics N.V., and another investor recently acquired InterTrust Technologies, which is discussed above. More information on Sony and its products is available at: http://www.sony.com

Spectra Systems Corporation

Spectra Systems is a developer of limited play CD, CD-ROM and DVD products for the entertainment, software, and advertising industries. The Company developed MediaCoat, a marking technology that allows the placement of text and graphics on the 2 1 1 play side of CDs and DVDs without interfering with playback performance. More information on Spectra Systems and its products is available at: http://www.spectrascience.com.

Thomson, Inc.

Thomson (formerly Thomson Multimedia) provides technologies, systems, finished products and services to consumers and professionals in the entertainment and media industries. Through its digital media solutions, Thomson provides digital video networking systems for the secure delivery of content from the studio to the consumer. The Company also offers key applications and media management services that provide the tools for content owners, network operators, and consumers to manage, access and retrieve streaming entertainment, news, sports, and information. More information on Thomson and its products is available at: http://www.thomson.com.

Wave Systems Corporation

Wave Systems develops, produces and markets hardware and software-based digital security products for the Internet and e-commerce using encryption technology. The centerpiece of Wave Systems is the “Embassy Trust System,” a trusted computing infrastructure that combines client hardware and software and a back-office infrastructure that manages its security functions. The client hardware consists of the “EMBASSY 2100” security chip, which may be embedded in such user devices as computer keyboards, smart card readers, PC motherboards, PC and/or cable modems, personal digital assistants, cable set-top boxes and a wide variety of other user devices. More information on Wave Systems technology and products is available at: http://www.wave.com/technology/trustedpc_1.html.

Verance Corporation

Verance Corporation provides systems for content management, airplay verification and connectivity solutions for the entertainment, media, wireless telecommunications and Internet industries. Verance also develops advanced audio watermarking (including the standard for SDMI Phase 1 and DVD-Audio) and wireless communications technologies. More information on Verance technology and its products is available at: http://www.verance.com

VeriSign, Inc.