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\ t 

EXfflBIT B 


PLR 4-3ft>) - The Parties* Construction of Disputed Terms & Phrases 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 

1. 

aspect 
683.2 

501.35 

900.155 
912.8 

Feature, element, property or state. 

An aspect of an environment is a 
persistent element or property of that 
environment that can be used to 
distinguish it from other 
environments. 

2. 

authentication 
193.15 

Identifying (e.g., a person, device, 
organization, document, file, etc.). 
Includes uniquely identifying or 
identifying as a member of a group. 

To establish that the following 
asserted characteristics of something 
(e.g., a person, device, organization, 
document, file, etc.) are genuine: its 
identity, its data integrity, (i.e., it has 
not been altered) and its origin 
integrity (i.e., its source and time of 
origination). 

3. 

budget 
193.1 

V 

Information specifying a limitation 
on usage. 

(1) A unique type of "method" that 
specifies a decrementable numerical 
limitation on future Use (e.g., 
copying) of digital information and 

hnw cuph TTcft will Vip "nsiiH "far i*F nt 
HUW ollls!! U3v Will \Js*> UCUU Ivsl, 11 al 

all. 

(2) A "method" is a collection of 
basic instructions, and information 
related to basic instructions, that 
provides context, data, requirements, 
and/or relationships for use in 
performing, and/or preparing to 
perform, basic instructions in 
relation to the operation of one or 
more electronic appliances. 

4. 

clearinghouse 
193.19 

A piU VI CICI UI Illl dllLlal allU/UI 

administrative services for a number 
of entities; or an entity responsible 
for the collection, maintenance, 
and/or distribution of materials, 
information, licenses, etc. 

A rnmTinter svstem that nrovide^ 
intermediate storing and forwarding 
services for both content and audit 
information, and which two or more 
parties trust to provide its services 
independently because it is operated 
under constraint of VDE security. 
(2) "Audit information" means all 
information created, stored, or 
reported in connection with an 
"auditing" process. "Auditing" 

EXHIBIT B TO JOINT C 

LAIM CONSTRUCTION STATEMENT 


Page 1 of 23 


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Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




means tracking, metering and 
reporting the usage of particular 
information or a particular 
appliance. 

5. 

compares 
900.155 

Normal English: examines for the 
purpose of noting similarities and 
differences. 

A processor operation that evaluates 
two quantities and sets one of three 
flag conditions as a result of the 
comparison - greater than, less than, 
or equal to. 

6. 

component 
assembly 

912.8, 912.35 

Components are code and/or data 
elements that are independently 
deliverable. A Component 
Assembly is two or more 
components associated together. 
Component Assemblies are utilized 
to perform operating system and/or 
applications tasks. 

(1) A cohesive Executable 
component created by a channel 
which binds or links together two or 
more independently deliverable 
Load Modules (see below), and 
associated data. 

(2) A Component Assembly is 
assembled, and executes, only 
within a VDE Secure Processing 
Environment (see below). 

(3) A Component Assembly is 
assembled dynamically in response 
to, and to service, a particular 
content-related activity (e.g., a 
particular Use request). 

(4) Each VDE Component 
Assembly is assigned and dedicated 
to a particular activity, particular 
user(s), and particular protected 
information. 

(5) Each Component Assembly is 
independently assembled, loadable 
and deliverable vis-a-vis other 
Component Assemblies. 

(6) The dynamic assembly of a 
Component Assembly is directed 
by a "blueprint" Record (see below) 
Containing control information for 
this particular activity on this 
particular information by this 

Tior+irnlor ncPflc i 
pdJULUlar UdCI^o^. 

(7) Component Assemblies are 

extensible and can be configured 
and reconfigured (modified) by all 
users, and combined by all users 
with other Component Assemblies, 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 2 of 23 


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Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




subject only to other users' "senior" 
Controls. 

For the purposes of the construction 
of "Component Assembly," a "Load 
Module" is defined as follows: An 
Executable, modular unit of 
machine code (which may include 
data) suitable for loading into 
memory for execution by a 
processor. A load module is 
encrypted (when not within a secure 
processing unit) and has an 
Identifier that a calling process 
must provide to be able to use the 
load module. A load module is 
combinable with other load 
modules, and associated data, to 
form Executable Component 
Assemblies. A load module can 
execute only in a VDE Protected 
Processing Environment. Library 
routines are not load modules and 
dynamic link libraries are not load 
modules. 

For the purposes of the construction 
of "Component Assembly," a 
"Secure Processing Environment" is 
defined as follows: A Secure 
Processing Environment is uniquely 
identifiable, self-contained, non- 
circumventable, and trusted by all 
other VDE nodes to protect the 
availability, secrecy, integrity and 
authenticity of all information 
identified in the patent application as 
being protected, and to guarantee 
that such information will be 
accessed and Used only as expressly 
authorized by the associated VDE 
Controls, and to guarantee that all 
requested reporting of and payments 
for protected information use will be 
made. A Secure Processing 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 3 of 23 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




Environment is formed by, and 
requires, a Secure Processing Unit 
having a hardware Tamper 
Resistant Barrier encapsulating a 
processor and internal Secure 
memory. The Tamper Resistant 
Barrier prevents all unauthorized 
interference, removal, observation, 
and other Use of the information and 
processes within it. 

For the purposes of the construction 
of "Component Assembly," a 
"Record* is defined as follows: A 
data structure that is a collection of 
fields (elements), each with its own 
name and type. Unlike an array, 
whose elements are accessed using 
an index, the elements of a record 
are accessed by name. A record can 
be accessed as a collective unit of 
elements, or the elements can be 
accessed individually. 

7. 

contain 
683.2 

912.8,912.35 

Normal English: to have within or 
to hold. In the context of an element 
contained within a data structure 

(e.g., a secure container), the 
contained element may be either 
directly within the container or the 
container may hold a reference 
indicating where the element may be 
found. 

Physically (directly) storing within, 
as opposed to addressing (i.e., 
referring to something by the 
explicitly identified location where it 
is stored, without directly storing it). 

8. 

control (n.) 

193.1, 193.11, 
193.15, 193.19 
683.2 
891.1 

Information and/or programming 
controlling operations on or use of 
resources (e.g., content) including 
(a) permitted, required or prevented 
operations, (b) the nature or extent 
of such operations or (c) the 
consequences of such operations. 

(1) Independent, special-purpose, 
Executable, which can execute only 
within a Secure Processing 
Environment. 

(2) Each VDE Control is a 
Component Assembly dedicated to 
a particular activity (e.g., editing, 
modifvint? another Control a user- 
defined action, etc.), particular 
user(s), and particular protected 
information, and whose satisfactory 
execution is necessary to Allowing 
(see below) that activity. 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 4 of 23 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




(3) Each separate information 
Access (see below) or Use is 
independently Controlled by 
independent VDE Control(s). 

(4) Each VDE Control is assembled 
within a Secure Processing 
Environment from independently 
deliverable modular components 
(e.g., Load Modules or other 
Controls), dynamically in response 
to an information Access or Use 
Request 

(5) The dynamic assembly of a 
Control is directed by a "blueprint" 
Record (put in place by one or more 
VDE users) Containing control 
information identifying the exact 
modular code components to be 
assembled and executed to govern 
(i.e., Control) this particular activity 
on this particular information by this 
particular user(s). 

(6) Each Control is independently 
assembled, loaded and delivered vis- 
a-vis other Controls. 

(7) Control information and 
Controls are extensible and can be 
configured and modified by all 
users, and combined by all users 
with any other VDE control 
information or Controls (including 
that provided by other users), subject 
only to "senior" user Controls. 

(8) Users can assign control 
information (including alternative 
control information) and Controls to 
an arbitrarily fine, user-defined 
portion of the protected information, 
such as a single paragraph of a 
document, as opposed to being 
limited to file-based controls. 

(9) VDE Controls reliably limit Use 
of the protected information to only 
authorized activities and amounts. 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 5 of 23 


\ ยป 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




For the purposes of the construction 
of "Control," a "Secure Processing 
Environment'* is defined as set forth 
in item #6, above. 

For the purposes of the construction 
of "Control/' "Allowing" is defined 
as follows: Actively permitting an 
action that otherwise cannot be 
taken (i.e., is prohibited) by any 
user, process, or device. In VDE, an 
action is allowed only through 
execution (within a Secure 
Processing Environment) of the 
VDE Control(s) assigned to the 
particular action request, and 
satisfaction of all requirements 
imposed by such execution. 

For the purposes of the construction 
of "Control," "Access" is defined as 
follows: To satisfactorily perform 
the steps necessary to obtain 
something so that it can be Used in 
some manner (e.g., for information: 
copied, printed, decrypted, 
encrypted, saved, modified, 
observed, or moved, etc.). In VDE, 
access to protected information is 
achieved only through execution 
(within a Secure Processing 
Environment) of the VDE 
Control(s) assigned to the particular 
"access" request, satisfaction of all 
requirements imposed by such 
execution, and the Controlled 
opening of the Secure Container 
Containing the information. 

For the purposes of the construction 
of "Control " "Load Module" and 
"Record' are defined as set forth in 
item #6, above. 

9. 

controlling, control 
(v.) 

Normal English: to exercise 
authoritative or dominating 
influence over; direct. 

(I) Reliably defining and enforcing 
the conditions and requirements 
under which an action that otherwise 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 6 of 23 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 


193.1 
861.58 


cannot be taken, will be Allowed, 
and the manner in which it may 
occur. Absent verified satisfaction 
of those conditions and 
requirements, the action cannot be 
taken by any user, process or device. 

(2) In VDE, an action is Controlled 
through execution of the applicable 
VDE Control(s) within a VDE 
Secure Processing Environment. 

(3) More specifically, in VDE, 
Controlling is effected by use of 
VDE Controls, VDE Secure 
Containers, and VDE foundation 
(including VDE Secure Processing 
Environment^ "object registration," 
and other mechanisms for allegedly 
individually ensuring that specific 
Controls are enforced vis-^-vis 
specific objects (and their content at 
an arbitrary granular level) and 
specific "users"). 

For the purposes of the construction 
of "Control (v.)" et al, "Allowed* is 
defined as set forth in item #8, 
above, and lt Secure Processing 
Environment" is defined as set forth 
in item #6, above. 

10. 

copy, copied, 
copying 

193.1,193.11, 
193.15, 193.19 

Reproduce, reproduced, 
reproducing. The reproduction must 
be usable, may incorporate all of the 
original item or only some of it, and 
may involve some changes to the 
item as long as the essential nature 
of the content remains unchanged. 

(1) To reproduce all of a Digital File 
or other complete physical block of 
data from one location on a storage 
medium to another location on the 
same or different storage medium, 
leaving the original block of data 
unchanged, such that two distinct 
and independent objects exist. 

(2) Although the layout of the data 
values in physical storage may differ 
irom ine original, me resulting 
"copy" is logically indistinguishable 
from the original. 

(3) The resulting "copy" may or may 
not be encrypted, ephemeral, usable, 
or accessible. 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 7 of 23 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




For the purposes of the construction 
of "Copy," et al, a "Digital File" is 
defined as: A named, static unit of 
storage allocated by a "file system" 
and Containing digital information. 
A digital file enables any application 
using the "file system" to randomly 
access its contents and to distinguish 
it by name from every other such 
unit. A copy of a digital file is a 
separate digital file, A "file system" 
is the nortion of the oneratino 
system that translates requests made 
by application programs for 
operations on "files" into low-level 
tasks that can control storage 
devices such as disk drives. 

11. 

derive 
900,155 

Normal English: obtain, receive or 
am vc aL inrougn a process oi 
reasoning or deduction. In the 
context of computer operations, the 
"process of reasoning or deduction" 
constitutes operations carried out by 
the computer. 

To retrieve from a specified source. 

12. 

designating 
721.1 

Normal English: indicating, 
specifying, pointing out or 
characterizing. 

Designating something for a 
particular Use means specifying it 
for and restricting it to that Use. 

13. 

device class 
721.1 

A group of devices which share at 
least one attribute. 

The generic name for a group of 
device types. For example, all 
display stations belong to the same 
device class. A device class is 
different from a device type. A 
device type is composed of all 
devices that share a common model 
number or family (e.g. IBM 4331 
printers). 

14. 

digital signature, 
digitally signing 

721.1 

digital signature: A digital value, 
verifiable with a key, that can be 
used to determine the source and/or 
integrity of a signed item (e.g., a 
file, program, etc.). 

Digitally signing is the process of 
creating a digital signature. 

digital signature: A computationally 
unforgeable string of characters 
fe 2 bits} venerated bv a 
cryptographic operation on a block 
of data using some secret. The 
string can be generated only by an 
entity that knows the secret, and 
hence provides evidence that the 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 8 of 23 


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Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




entity must have generated it. 

digitally sienins: 

(1) Creating a Digital Signature 
using a secret Key (see below). 

(2) In symmetric key cryptography, 
a "secret key" is a Key that is known 
only to the sender and recipient. In 
asymmetric key cryptography, a 
"secret key" is the private Key of a 
public/private key pair, in which the 
two keys are related uniquely by a 
predetermined mathematical 
relationship such that it is 
computationally infeasible to 
determine one from the other. 

For the purposes of the construction 
of "Digital Signature" and "Digital 
Signing," a "Key" is defined as: A 
bit sequence used and needed by a 
cryptographic algorithm to encrypt a 
block of plain text or to decrypt a 
block of cipher text. A key is 
different from a key seed or other 
information from which the actual 
encryption and/or decryption key is 
constructed, Derived, or otherwise 
identified. In symmetric key 
cryptography, the same key is used 
for both encryption and decryption. 
In asymmetric or "public key" 
cryptography, two related keys are 
used; a block of text encrypted by 
one of the two keys (e.g., the "public 
key") can be decrypted only by the 
corresponding key (e.g., the "private 
key"). 

15. 

executable 
programmi n g , 
executable 

721.34 
912.8, 912.35 

A computer program that can be run, 

uircuiiy or inruugn iiiicijjicuiu<jh. 

executable: A cohesive series of 

mflphinp rnHe instructions in a 

lX10\f LLl 111*' LUUW IllOUUvUvlIO 111 CI 

format that can be loaded into 
memory and run (executed) by a 
connected processor. 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 9 of 23 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




executable programming: A 
cohesive series of machine code 
instructions, comprising a computer 
program, in a format that can be 
loaded into memory and run 
(executed) by a connected processor. 
A "computer program" is a complete 
series of definitions and instructions 
that when executed on a computer 
will perform a required or requested 
task. 

16. 

host processing 
environment 

900.155 

This term is explicitly defined in the 
claim and therefore needs no 
additional definition. It consists of 
those elements listed in the claim. 

Without waiving its position that no 
separate definition is required, if 
required to propose such a 
definition, InterTrust proposes the 
following: a Protected Processing 
Environment incorporating 
software-based security. 

(1) A processing environment within 
a VDE node which is not a Secure 
Processing Environment. 

(2) A "host processing environment" 
may either be "secure" or "not 
secure." 

(3) A "secure host processing 
environment" is a self-contained 
Protected Processing 
Environment, formed by loaded, 
Executable programming executing 
on a general purpose CPU (not a 
Secure Processing Unit ) running in 
protected (privileged) mode. 

(4) A "non-secure host processing 
environment" is formed by loaded, 
Executable programming executing 
on a general purpose CPU (not a 
Secure Processing Unit) running in 
user mode. 

For the purposes of the construction 
of "host processing environment," a 
"Secure Processing Environment* is 
defined as set forth in item #6, 
above. 

17. 

identifier 

193.15 
912.8 

Information used to identify 
sometmng or someone (e.g., a 
password). 

In this definition, "identify" means 
to establish the identity of or to 
ascertain the origin, nature, or 

Any text string used as a label 
naming an maiviauai instance or 
what it Identifies. 

For the purpose of the construction 
of "Identifier," "Identify" is defined 
as: To establish as being a particular 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 10 of 23 


% % 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 



definitive characteristics of; includes 
identifying as an individual or as a 
member of a group. 

instance of a person or thing. 

18. 

protected 

processing 

environment 

683.2 
721.34 

An environment in which processing 
and/or data is at least in part 
protected from tampering. The level 
of protection can vary, depending on 
the threat. 

In this definition, "environment" 
means capabilities available to a 
program running on a computer or 
other device or to the user of a 
computer or other device. 
Depending on the context, the 
environment may be in a single 
device (e.g., a personal computer) or 
may be spread among multiple 
devices (e.g., a network). 

(1) A uniquely identifiable, self- 
contained computing base trusted by 
all VDE nodes to protect the 
availability, secrecy, integrity and 
authenticity of all information 
identified in the February, 1995, 
patent application as being 
protected, and to guarantee that such 
information will be Accessed and 
Used only as expressly authorized 
by VDE Controls. 

(2) At most VDE nodes, the 
Protected Processing Environment 
is a Secure Processing Environment 
which is formed by, and requires, a 
hardware Tamper Resistant 
Barrier encapsulating a special- 
purpose Secure Processing Unit 
having a processor and internal 
secure memory. "Encapsulated" 
means hidden within an object so 
that it is not directly accessible but 
rather is accessible only through the 
object's restrictive interface. 

(3) The Tamper Resistant Barrier 
prevents all unauthorized 
(intentional or accidental) 
interference, removal, observation, 
and use of the information and 
processes within it, by all parties 
(including all users of the device in 
which the Protected Processing 
Environment resides), except as 
expressly authorized by VDE 
Controls. 

(4) A Protected Processing 
Environment is under Control of 
Controls and control information 
provided by one or more parties, 
rather than being under Control of 
the appliance's users or programs. 

(5) Where a VDE node is an 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 11 of 23 


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Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




established financial 
Clearinghouse, or other such 
facility employing physical facility 
and user-identity Authentication 
security procedures trusted by all 
VDE nodes, and the VDE node does 
not Access or Use VDE-protected 
information, or assign VDE control 
information, then the Protected 
Processing Environment at that 
VDE node may instead be formed 
by a general-puipose CPU that 
executes all VDE "security" 
processes in protected (privileged) 
mode. 

(6) A Protected Processing 
Environment requires more than 
just verifying the integrity of 
Digitally Signed Executable 
programming prior to execution of 
the programming; or concealment of 
the program, associated data, and 
execution of the program code; or 
use of a password as its protection 
mechanism. 

For the purposes of the construction 

Environment," a "Secure Processing 
Environment is defined as set forth 
in item #6, above, and "Access" is 
defined as set forth in item #8, 
above. 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 12 of 23 


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Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 

19. 

secure, securely 

193.1, 193.11, 

193.15 

683.2 

721.34 

861.58 

891.1 

912.8,912.35 

One or more mechanisms are 
employed to prevent, detect or 
discourage misuse of or interference 
with information or processes. 
Such mechanisms may include 
concealment, Tamper Resistance, 
Authentication and access control. 
Concealment means that it is 
difficult to read information (for 
example, programs may be 
encrypted). Tamper Resistance and 
Authentication are separately 
defined. Access control means that 
access to information or processes is 
limited on the basis of authorization. 
Security is not absolute, but is 
designed to be sufficient for a 
particular purpose. 

(1) A state in which all users of a 
system are guaranteed that all 
information, processes, and devices 
within the system, shall have their 
availability, secrecy, integrity, 
authenticity and nonrepudiation 
maintained against all of the 
identified threats thereto. 

(2) "Availability" means the 
property that information is 
accessible and usable upon demand 
by authorized persons, at least to the 
extent that no user may delete the 
information without authorization. 

(3) "Secrecy," also referred to as 
confidentiality, means the property 
that information (including 
computer processes) is not made 
available or disclosed to 
unauthorized persons or processes. 

(4) "Integrity" means the property 
that information has not been altered 
either intentionally or accidentally. 

(5) "Authenticity" means the 
property that the characteristics 
asserted about a person, device, 
program, information, or process are 
genuine and timely, particularly as 
to identity, data integrity, and origin 

(6) "Nonrepudiation" means the 
property that a sender of information 
cannot deny its origination and that a 
recipient of information cannot deny 
its receipt. 

20. 

secure container 

683.2 
861.58 
912 35 

A container that is Secure. 

In this definition, "container" means 
a digital file containing linked 
and/or embedded items. 

(1) A VDE Secure Container is a 

self-contained, self-protecting data 
structure which (a) encapsulates 
information of arbitrary size, type, 
format, and organization, including 
other, nested, containers, (b) 
cryptographically protects that 
information from all unauthorized 
Access and Use, (c) provides 
encrypted storage management 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 13 of 23 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




functions for that information, such 
as hiding the physical storage 
location(s) of its protected contents, 
(d) permits the association of itself 
or its contents with Controls and 
control information governing 
(Controlling) Access to and Use 
thereof, and (e) prevents such Use or 
Access (as opposed to merely 
preventing decryption) until it is 
"opened." 

(2) A Secure Container can be 

opened only as expressly Allowed by 
the associated VDE Control(s), 
only within a Secure Processing 
Environment, and only through 
decryption of its encrypted header. 

(3) A Secure Container is not 
directly accessible to any non-VDE 
or user calling process. All such 
calls are intercepted by VDE. 

(4) The creator of a Secure 
Container can assign (or allow 
others to assign) control information 
to any arbitrary portion of a Secure 
Container's contents, or to an 
empty Secure Container (to govern 
(Control) the later addition of 
contents to the container, and Access 
to or Use of those contents). 

(5) A container is not a Secure 
Container merely because its 
contents are encrypted and signed. 
A Secure Container is itself 
Secure. 

(6) All VDE-protected information 
(including protected content, 
information about content usage, 
content-control information, 
Controls, and Load Modules) is 
encapsulated within a Secure 
Container whenever stored outside 
a Secure Processing Environment or 
secure database. 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 14 of 23 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




For the purposes of the construction 
of "Secure Container," "Secure 
Processing Environment" and "Load 
Module" are defined as set forth in 
item #6, above, and "Access" and 
"Allow" are defined as set forth in 
item #8, above. 

21. 

tamper resistance 
721.1 

Making tampering more difficult 
and/or allowing detection of 
tampering. 

In this definition, "tampering" 
means using (e.g., observing or 
altering) in any unauthorized 
manner, or interfering with 
authorized use. 

tamper resistance: The abilitv of a 
Tamper Resistant Barrier to 
prevent Access, observation, and 
interference with information or 
processing encapsulated by the 
barrier. 

For the purposes of the construction 
of 'Tamper Resistance," 
"Tamper/T ampering" is defined as: 
Using (e.g., observing or altering) in 
any unauthorized manner, or 
interfering with authorized use. 

For the purposes of the construction 
of "Tamper Resistance," '"Access" 
is defined as set forth in item # 6, 
above. 

22. 

tamper resistant 
barrier 

721.34 

Hardware and/or software that 
provides Tamper Resistance. 

(1) An active device that 
encapsulates and separates a 
Protected Processing Environment 
from the rest of the world. 

(2) It prevents information and 
processes within the Protected 
Processing Environment from 
being observed, interfered with, and 
leaving except under appropriate 
conditions ensuring security. 

(3) It also Controls external access 
to the encapsulated Secure 
resources, processes and 
information. 

(4) A Tamper Resistant Barrier is 

capable of destroying protected 
information in response to 
Tampering attempts. 

For the purposes of the construction 


EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT 
Page 15 of 23 


\ % 



Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 




of 'Tamper Resistant Barrier," 
"Tamper/Tampering" is defined as 
set forth in item #21, above. 

23. 

use 

193.19 

683.2 

721.1 

861.58 

891.1 

912.8, 912.35 

Normal English: to put into service 
or apply for a purpose, to employ. 

(1) To use information is to perform 
some action on it or with it (e.g., 
copying, printing, decrypting, 
encrypting, saving, modifying, 
observing, or moving, etc.). 

(2) In VDE, information Use is 
Allowed only through execution of 
the applicable VDE Control(s) and 

floti(>rQMiAn oil iv>nni rnm nri'tr 

sausiacuon or ail requirements 
imposed by such execution. 

For the purposes of the construction 
of "Use," "Allowed" is defined as set 
forth in item #8 above. 

24. 

virtual distribution 
environment 

900.155 

Also as set forth in 
each "claim as a 
whole" by 
Microsoft. 

This term is contained in the 
preamble of the claim and should 
not be defined, other than as 
requiring the individual claim 
elements. The term "virtual 
distribution environment" should not 
be read into claims that do not 
actually recite it. 

Without waiving its position that no 
separate definition is required, if 
required to propose such a 
definition, InterTrust proposes the 
following: secure, distributed 
electronic transaction management 
and rights protection system for 
controlling the distribution and/or 
other usage of electronically 
provided and/or stored information. 

VDE/Virtual Distribution 
Environment: 

(1) Data Securitv and Commerce 
World: InterTrust' s February 13, 
1995, patent application described as 
its "invention" a Virtual 
Distribution Environment ("VDE 
invention") for securing, 
administering, and auditing all 
security and commerce digital 
information within its multi-node 
world (community). VDE 
guarantees to all VDE "participants" 
identified in the patent application 
that it will limit all Access to and 
Use (i.e., interaction) of such 
information to authorized activities 
and amounts, will ensure any 
requested reporting of and payment 
for such Use, and will maintain the 
availability, secrecy, integrity, non- 
repudiation and authenticity of all 
such information present at any of 
its nodes (including protected 
content, information about content 
usage, and content Controls.). 


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Claim 
Term/Phrase 

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Microsoft Construction 




VDE is Secure against at least the 
threats identified in the Feburary 
1995, patent application to this 
availability (no user may delete the 
information without authorization), 
secrecy (neither available nor 
disclosed to unauthorized persons or 
processes), integrity (neither 
intentional nor accidental alteration), 
non-repudiation (neither the receiver 
can disavow the receipt of a message 
nor can the sender disavow the 
origination of that message) and 
authenticity (asserted characteristics 
are genuine). VDE further provides 
and requires the components and 
capabilities described below. 
Anything less than or different than 
this is not VDE or the described 
"invention." 

(2) Secure Processing Environment: 
At each node where VDE-protected 
information is Accessed, Used, or 
assigned control information, VDE 
requires a Secure Processing 
Environment (as set forth in item 
#6). 

(3) VDE Controls: VDE Allows 
Access to or Use of protected 
information and processes only 
through execution of (and 
satisfaction of the requirements 
imposed by) VDE Controls). 

(4) VDE Secure Container: See 
construction of Secure Container. 

(5) Non-Circumventable: VDE is 
non-circumventable (sequestered). 
H iiHciwcpu> aii diicnipis uy any anu 
all users, processes, and devices, to 
Access or Use, such as observing, 
interfering with, or removing) 
protected information, and prevents 
all such attempts other than as 


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Microsoft Construction 




allowed by execution of (and 
satisfaction of all requirements 
imposed by) associated VDE 
Controls within Secure Processing 
Environments). 

f6) Peer to Peer: VDE is peer-to- 
peer. Each VDE node has the innate 
ability to perform any role identified 
in the patent application (e.g., end 
user, content packager, distributor, 
Clearinghouse, etc.), and can 
protect information flowing in any 
direction between any nodes. VDE 
is not client-server. It does hot pre- 
designate and restrict one or more 
nodes to act solely as a "server" (a 
provider of information (e.g., 
authored content, control 
information, etc.) to other nodes) or 
"client" (a requestor of such 
information). All types of protected- 
content transactions can proceed 
without requiring interaction with 
any server. 

(7) Comprehensive Ranee of 
Functions: VDE comprehensivelv 
governs (Controls) all security and 
commerce activities identified in the 
patent application, including (a) 
metering, budgeting, monitoring, 
reporting, and auditing information 
usage, (b) billing and paying for 
information usage, and (c) 
negotiating, signing and enforcing 
contracts that establish users' rights 
to Access or Use information. 

(8) User-Confieurable: The specific 
protections governing (Controlling) 
specific VDE-protected information 
are specified, modified, and 
negotiated by VDE's users. For 
example, VDE enables a consumer 
to place limits on the nature of 
content that may be Accessed at her 


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Microsoft Construction 




node (e.g., no R-rated material) or 
the amount of money she can spend 
on viewing certain content, both 
subject only to other users' senior 
Controls. 

(9) General Purpose; Universal: 
VDE is universal as opposed to 
being limited to or requiring any 
particular type of appliance, 
information, or commerce model. It 
is a single, unified standard and 
environment within which an 
unlimited range of electronic rights 
protection, data security, electronic 
currency, and banking applications 
can run. 

(10) Flexible: VDE is more flexible 
than traditional information security 
and commerce systems. For 
example, VDE allows consumers to 
pay for only the user-defined portion 
of information that the user actually 
uses, and to pay only in proportion 
to any quantifiable VDE event (e.g., 
for only the number of paragraphs 
displayed from a book), and allows 
editing the content in VDE 
containers while maintaining its 
security. 

For the purposes of the construction 
of "VDE," a "Secure Processing 
Environment is defined as set forth 
in item #6, above. 

For the purposes of the construction 
of "VDE," "Access 79 is defined as set 
forth in item #8, above. 

25. 

193.1: "a budget 

speciiymg luc 
number of copies 
which can be made 
of said digital file" 

Normal English, incorporating the 

stating the number of copies that can 
be made of the digital file referred to 
earlier in the claim. 

A Budget explicitly stating the total 

nnmhpr nfpnnipc fwhpfVipr nr nnt 

decrypted, long-lived, or accessible) 
that (since creation of the Budget) 
are authorized to be made of the 
Digital File by any and all users, 
devices, and processes. No process, 


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user, or device is able to make 
another copy of the Digital File once 
this number of copies has been 
made. 

For the purposes of the construction 
of this phrase, "Digital File" is 
defined as set forth in item #6, 
above. 

26. 

193.1: "controlling 
the copies made of 
said digital file" 

The nature of this operation is 
further defined in later claim 
elements. In context, the copy 
control determines the conditions 
under which a digital file may be 
Copied and the copied file stored on 
a second device. 

Controlling Uses of and Accesses to 
all copies of the Digital File, by all 
users, processes, and devices, by 
executing each of the recited "at 
least one" Copy Control(s) within 
VDE Secure Processing 
Environment(s). Each Control 
governs (Controls) only one action, 
which action may or may not differ 
among the different "at least one" 
Controls. All Uses and Accesses 
are prohibited and incapable of 
occurring except to the extent 
Allowed by the "at least one" Copy 
Controi(s). 

For the purposes of the construction 
of this phrase, a "Secure Processing 
Environment" is defined as set forth 
in item #6, above, and "Access 79 and 
"Allowed" are defined as set forth in 
item #8, above. 

27. 

721.1: "digitally 
signing a second 
load module with a 
second digital 
signature different 
from the first digital 
signature, the 
second digital 
signature 
designating the 
second load module 
for use by a second 
device class having 
at least one of 
tamper resistance 

Normal English, incorporating the 
separately defined terms: generating 
a Digital Signature for the second 
load module, the Digital Signature 
Designating that the second load 
module is for use by a second 
Device Class. This element further 
requires that the second Device 
Class have a different Tamper 
Resistance or security level than the 
first Device Class. 

(1) Digitally Signing a different 
("second") Load Module by using a 
different ("second") Digital 
Signature as the signature Key, 
which signing indicates to any and 
all devices in the second Device 
Class that the signor authorized and 
restricted this Load Module for Use 
by that device. 

(2) No \Dhj device can perform any 
execution of any Load Module 
without such authorization. The 
method ensures that the Load 
Module cannot execute in a 
particular Device Class and ensures 


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Claim 
Term/Phrase 

InterTrust Construction 

Microsoft Construction 


and security level 
different from the at 
least one of tamper 
resistance and 
security level of the 
first device class" 


that no device in that Device Class 
has the Key(s) necessary to verify 
the Digital Signature. 

(3) All devices in the first Device 
Class have the same persistent (not 
just occasional) and identified level 
of Tamper Resistance and the same 
persistent and identified level of 
security. All devices in the second 
Device Class have the same 
persistent and identified level of 
Tamper Resistance and same 
persistent and identified level of 
security. 

(4) The identified level of Tamper 
Resistance or identified level of 
security (or both) for the first Device 
Class, is greater than or less than the 
identified level of Tamper 
Resistance or identified level of 
security for the second Device 
Class. 

For the purposes of the construction 
of this phrase, a "Load Module" is 
defined as set forth in item #6, 
above, and "Key" is defined as set 
forth in item #14, above. 

28. 

891.1: "securely 
applying, at said 
first appliance 
through use of said 
at least one 
resource said first 
entity's control and 
said second entity's 
control to govern 
use of said data 
item" 

Normal English, incorporating the 
separately defined terms: the first 
entity's Control and the second 
entity's Control are Securely applied 
to govern Use of the data item, the 
act of Securely applying involving 
use of the resource. 

( 1 ) Processing the resource 
(component part of a first 
appliance's Secure Operating 
Environment) within the Secure 
Operating Environment's special- 
purpose Secure Processing Unit 
(SPU) to execute the first Control 
and second Control in combination 
within the SPU. 

(2) This execution of these Controls 
governs (Controls) all Use of the 
data item by all users, processes, and 
devices. 

(3) The processing of the resource 
and execution of the Controls 
cannot be observed from outside the 
SPU and is performed only after the 


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Microsoft Construction 




integrity of the resource and 
Controls is cryptographically 
verified. 

(4) A Secure Processing Unit is a 
special-purpose unit isolated from 
the rest of the world in which a 
hardware Tamper Resistant 
Barrier encapsulates a processor 
and internal Secure memory. 

(5) The processor cryptographically 
verifies the integrity of all code 
loaded from the Secure memory 
prior to execution, executes only the 
code that the processor has 
authenticated for its Use, and is 
otherwise Secure. 

29. 

900.155: "derives 
information from 
one or more aspects 
of said host 
processing 
environment" 

Normal English, incorporating the 
separately defined terms: Derives 
(including creates) information 
based on at least one Aspect of the 
previously referred to Host 
Processing Environment 

(1) Deriving from the Host 
Processing Environment hardware 
one or more values that uniquely and 
persistently identify the Host 
Processing Environment and 
distinguish it from other Host 
Processing Environments. 

(2) The "one or more aspects of said 
host processing environment" are 
persistent elements or properties of 
the Host Processing Environment 
itself that are capable of being used 
to distinguish it from other 
environments, as opposed to, e.g., 
data or programs stored within the 
mass storage or main memory, or 
processes executing within the Host 
Processing Environment. 

30. 

912.8: "identifying 
at least one aspect 
of an execution 
space required for 
use and/or 
execution of the 
load module" 

Normal English, incorporating the 
separately defined terms: 
identifying an Aspect (e.g. security 
level) of an execution space that is 
needed in order for the load module 
to execute or otherwise be used. 

(1) Defining fully, without reference 
to any other information, at least one 
of the persistent elements or 
properties (Aspects) (that are 
capable of being used to distinguish 
it from other environments of an 
execution space) that are required 
for any Use, and/or for any 
execution, of the Load Module. 

(2) An execution space without all 
of those required aspects is 


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Microsoft Construction 




incapable of making any such 
execution and/or other Use (e.g., 
Copying, displaying, printing) of the 

J /i/T/i Fin f\n1tt0 

JLAJiMX iVlUCiUlC. 

For the purposes of the construction 
of this phrase, a "Load Module" is 
defined as set forth in item #6, 
above. 


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