Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 10 of 28 U.S. Patent Aug. 30, 2016 Sheet 2 of 14 US 9,432,452 B2 z 0 () ca ..c o -c a> • • • c: Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 11 of 28 U.S. Patent Aug. 30, 2016 Sheet 3 of 14 US 9,432,452 B2 z 0 (.) ca .c o "'0 <D • • • @ Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 12 of 28 U.S. Patent Aug. 30, 2016 Sheet 4 of 14 US 9,432,452 B2 z 0 (.) ca .c o "'0 ru ••• @] Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 13 of 28 U.S. Patent Aug. 30, 2016 Sheet 5 of 14 US 9,432,452 B2 z 0 (.) ro .c u "0 a> • •• (g Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 14 of 28 U.S. Patent Aug. 30, 2016 Sheet 6 of 14 US 9,432,452 B2 z 0 () ro .c o "'0 a> ••• @) Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 15 of 28 U.S. Patent Aug. 30, 2016 Sheet 7 of 14 US 9,432,452 B2 z 0 (.) ca .c o "'0 w • •• (g Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 16 of 28 U.S. Patent Aug. 30, 2016 Sheet 8 of 14 US 9,432,452 B2 z 0 () rn ..c o -c w • • • c: Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 17 of 28 U.S. Patent Aug. 30, 2016 Sheet 9 of 14 US 9,432,452 B2 z 0 () ca ...c o -c a> • • • c:: Architecture e• 00 • Webkit or ~ ~ browser ~ ~ plug-in ~ = Grid Content > $$ for " " ' " " ' Computing viewer/ = ~ services (.H game ~0 N player 0 .... 0\ rFJ ('D =- ('D ..... Games and content .... 0 0 via flash and HTML5 ......... .j;o. Content Provider d rJl \C ~ w N ~ Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 18 of 28 u. N Fig. 10 N = e• 00 • ~ <extendS> ~ ~ ~ ~ ~ = ~ ~ (.H ~0 Client ~ N 0 .... 0\ <extendS> rFJ ('D =- <extendS> ('D <uses> ..... ........ 0 ......... .j;o. \.oE::"= <extendS> <extendS> d rJl \C ~ w N ~ Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 19 of 28 u. N Fig. 11 N = e• 00 • - riVIIII::'::i ~ <extendS> '- / ~ ~ ~ <extendS> ~ = / <extendS> J > = ~ (.H ~0 N 0 .... 0\ <extendS> ~ rFJ ('D =- ('D <extendS> ..... <uses> ..;>-ll .. rnnu"--........ / ~ .... -------- N 0 <extendS>~ / ,.: .. ....._ ....... f""_!f._,._....,, ...... ,.....,: ........ '\. ......... .j;o. d rJl \C ~ w N ~ Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 20 of 28 u. N Fig. 12 N = e • 00 • ~ ~ ~ ~ ~ = <extendS> ~ ~ <extendS> (.H ~0 l€ <extendS> - t N Client 0 .... 0\ rFJ <extendS> ('D =- ('D ..... <uses> .... (.H 0 ......... .j;o. d rJl \C ~ w N ~ Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 21 of 28 u. N Fig. 13 N = Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 22 of 28 U.S. Patent Aug. 30, 2016 Sheet 14 of 14 US 9,432,452 B2 ·- 0 b1) ~ ...... c O.J u Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 23 of 28 US 9,432,452 B2 1 2 SYSTEMS AND METHODS FOR DYNAMIC network continues to be provided to the sub-grid upon NETWORKED PEER-TO-PEER CONTENT departure of a node from the sub-grid that has been respon- DISTRIBUTION sible for providing the content. U.S. Patent Pub. No. 20060031537 by Boutboul, eta!. for CROSS REFERENCE TO RELATED 5 "Method, system, and program product for optimized con- APPLICATIONS current data download with a grid computing enviroument," filed Jun. 8, 2004, teaching a grid computer system having This application claims the benefit of U.S. Provisional a plurality of download servers in network communication Application No. 61/699,083, filed Sep. 10, 2012. with client computers and a download management system, 10 a client requests a download plan from the download man- BACKGROUND OF THE INVENTION agement system for downloading data in parallel from the plurality of download servers to a client. 1. Field of the Invention The present invention relates to peer-to-peer network U.S. Patent Pub. No. 20120221647 by Ciminera, eta!. for content distribution. 15 "Sharing of Digital Contents in P2P Networks Exploiting 2. Description of the Prior Art Localization Data," filed Nov. 3, 2009, disclosing a method Generally, it is known in the relevant prior art to provide for enabling sharing of content files among nodes of a P2P peer-to-peer (P2P) networks via the internet for sharing network is provided. The P2P network comprises sub- digital content, including video, for live streaming service networks each including a respective plurality of nodes over content distribution networks (CDNs). By way of 20 capable of storing content files. example, relevant documents include the following: U.S. Patent Pub. No. 20100198992 by Morrison, eta!. for U.S. Patent Pub. No. 20120221646 by Ciminiera, eta!. for "Synchronization of audio and video signals from remote "Caching of Digital Contents in P2P Networks," filed Nov. sources over the internet," filed Apr. 8, 2010, describing an 13, 2009, describing a method for enabling sharing of architecture and technology for a method for synchronizing content files among nodes of a P2P network, comprising 25 multiple streams of time-based digital audio and video sub-networks each including a respective plurality of nodes content from separate and distinct remote sources, so that capable of storing content files. when the streams are joined, they are perceived to be in U.S. Patent Pub. No. 20040249888 by Berkey, et a!. for umson. "Command and control of arbitrary resources in a peer-to- U.S. Patent Pub. No. 20090055461 by Georgis, eta!. for peer network," filed May 12, 2004, disclosing a method and 30 "System and method for effectively optimizing content apparatus for virtualizing access to resources in a distributed segment downloads in an electronic network," filed Aug. 23, peer-to-peer (P2P) network. 2007, disclosing a system and method for optimizing con- U.S. Patent Pub. No. 20120191778 by Kim, et a!. for tent distribution in an electronic network includes a peer- "Content Distribution Network for Supporting Peer-to-Peer to-peer network of client devices; also, including an opti- Live Streaming," filed Jan. 28, 2011, describing a method 35 mization module from a tracking server iteratively and system for providing a Peer-to-Peer (P2P) live stream- redistributes said content segments among the client devices ing service over a Content Distribution Network (CDN). to seek an optimal content segment configuration of said U.S. Patent Pub. No. 20120102535 by Weintraub, et a!. content segments for optimizing performance characteristics for "Content Storage and Delivery System and Associated of content reassembly procedures. Method and Device," filed Nov. 9, 2011, disclosing a system 40 U.S. Pat. No. 7,903,652 by Huang, eta!. for "System and for the storage of content on a network and the delivery of method for peer to peer video streaming," filed Dec. 14, content to subscriber locations. Content is delivered over a 2006, teaching, in an Internet Protocol Television (IPTV) packet-switching network according to a peer to peer file system, an IPTV server is configured to receive a request distribution protocol. from an IPTV content storage device (CSD) to view a video U.S. Patent Pub. No. 20100070570by Lepeska for"Dedi- 45 stream. The IPTV server selects a set of peers for the IPTV cated Shared Byte Cache," filed Sep. 10, 2009, relates to CSD, and transmits the set of peers to the IPTV CSD. methods, apparatus, and systems for providing peer-to-peer U.S. Pat. No. 7,512,943 by Hester, eta!. for "Distributed network acceleration. caching of files in a network," filed Aug. 30, 2005, disclos- U.S. Patent Pub. No. 20080189617 by Covell, et a!. for ing distributed caching and download of a filing, including "Distributed Video Content Management and Sharing Sys- 50 a method for building a peer list comprising a listing of tern," filed Jan. 22, 2008, describing a system which enables potential peer servers from among one or more networked cooperative rich media content management, sharing, and computers. publishing across a distributed set of websites, web servers, U.S. Pat. No. 7,567,987 by Shappell, et a!. for "File and media servers based on control information in an online Sharing in P2P group shared spaces," filed Oct. 24, 2003, database. 55 describing a computer implemented method and system U.S. Patent Pub. No. 20060265401 by Edmond, et a!. for enable users to share files in a server-less shared space, by "Grid Network for Distribution of Files," filed May 19, providing access to such spaces via a visual presentation, the 2006, disclosing a system including first server nodes having system renders content available for access by other group authentication functions coupled to a network, wherein the members. system also includes second server nodes having reposito- 60 U.S. Pat. No. 7,594,030 by Teodosiu, et a!. for "Locator ries of complete files also coupled to the network, and still and tracing service for peer to peer resource," filed Sep. 13, further includes a set of client nodes having local reposito- 2001, including a resource naming service (RNS) server ries for files coupled to the network. receives peer resource request from peer platforms through U.S. Patent Pub. No. 20040246921 by Bates, et a!. for a networking environment. "Method and System for persisting content in a decentral- 65 U.S. Pat. No. 8,122,098 by Richardson, et a!. for "Man- ized network," filed May 27, 2004, describing methods to aging content delivery network service providers by a con- ensure that content defining a sub-grid of a decentralized tent broker," filed Nov. 17, 2008, describing a system, Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 24 of 28 US 9,432,452 B2 3 4 method, and computer readable medium for managing net- embodiment when considered with the drawings, as they work storage provider and CDN service providers are pro- support the claimed invention. vided. U.S. Pat. No. 6,857,012 by Sim et a!. for "Method and BRIEF DESCRIPTION OF THE DRAWINGS apparatus for initializing a new node in a network," filed May 18, 2001, teaching a method for initializing a new node FIG. 1 is a schematic diagram of one embodiment of the in a network. The network has multiple nodes arranged in a invention. virtual tree format. FIGS. 2-9 are schematic diagrams of additional embodi- U.S. Pat. No. 7,603,464 by White, eta!. for "Method and ments of the invention. system for identifying available resources in a peer-to-peer 10 FIG. 10 is a schematic diagram of another embodiment of network," filed May 27, 2004, disclosing a method for a peer the invention. FIG. 11 is a schematic diagram of the invention illustrat- of a peer-to-peer network to search for an available resource ing use cases for a registration function. is provided, including a peer-to-peer grid and system for FIG. 12 is a schematic diagram of the invention illustrat- publishing and identifying an available resource in a peer- 15 ing use cases for a withdraw function. to-peer distributed network are also provided. FIG. 13 is a schematic diagram of the invention illustrat- U.S. Pat. No. 8,166,154 by Choi for "Method for stream- ing use cases for a request stream source list function. ing multimedia content," filed Aug. 13, 2005, describing FIG. 14 is a schematic diagram of the invention illustrat- streaming multimedia content from a content server to ing use cases for a submit report function. client, user multimedia devices (UMDs) connected to the 20 content server through a network includes the steps of DETAILED DESCRIPTION OF THE monitoring storage states, of UMDs connected to the net- INVENTION work, for present multimedia content, and automatically transmitting a starting block of the content to any UMD not Referring now to the drawings in general, the illustrations yet storing the block; also, tasks preparatory to streaming are 25 are for the purpose of describing a preferred embodiment of advantageously offloaded to the client side and distributed the invention and are not intended to limit the invention among UMDs, to realize reduced bandwidth and delay and thereto. to conserve on storage capacity of a UMD. The present invention provides systems and methods for U.S. Pat. No. 8,117,306 by Baumback, eta!. for "Opti- peer-to-peer (P2P) dynamic networks and/or sub-networks mizing content management," filed Sep. 29, 2008, teaching 30 for file distribution between peers receiving the same con- a system and method for monitoring the performance asso- tent. Accordingly, a broad embodiment of this invention is ciated with fulfilling resource requests and determining directed to, by way of example, embodiments of the present optimizations for improving such performance are provided, invention include dynamic networks based upon a trace including the use of a CDN/CDN service provider. route or other dynamic network segmentation strategy, e.g., The prior art fails to provide video streaming over P2P 35 content delivery networks (CDN) internet protocol (IP) networks outside the structure and control of CDNs. address. In particular, any instance of large data file distri- bution to recipient peer nodes is considered within the scope SUMMARY OF THE INVENTION of the present invention, including but not limited to video file distribution, game content distribution, large data files, The present invention relates to peer-to-peer (P2P) 40 and combinations thereof. Any packet and/or stream of data dynamic networks and/or sub-networks, wherein nodes are that is ordered correctly and delivered in a timely way is outside controlled networks and/or content distribution net- considered the content for distribution within the P2P works (CDNs), and wherein large data files are distributed or dynamic networks and/or sub-networks of the present inven- shared across and among the peer nodes. Furthermore, the tion. peers are only those that are consuming the same content, 45 By way of contrast to prior art content delivery networks, i.e., the P2P connection is because of the content common- the systems and methods of the present invention, which ality. include virtualized computing networks and content deliv- It is an object of this invention to provide P2P dynamic ery origination server(s) for dynamic network-based P2P networks and/or sub-networks for file distribution between content distribution, provide more efficient and reduced cost peers receiving the same content. Accordingly, a broad 50 of delivery for the content, as well as optionally providing embodiment of this invention is directed to, by way of live streaming for video and/or audio content as well as data, example, embodiments of the present invention include files, analytics, and combinations thereof. The content dynamic networks base upon a trace route, e.g., CDN recipients have a peerness established and/or defined by the internet protocol (IP) addresses. common content they are receiving from the CDN server; Another object of the present invention is to provide 55 the systems and methods automatically identify peer nodes dynamic P2P networks for distribution oflarge data file(s) to receiving common content and create dynamic network recipient peer nodes, wherein the dynamic P2P networks are communication connection for the peer nodes to transmit outside a static network of controlled systems. that common content to each other, rather than the content Still another object of the present invention is to provide being directed from the CDN server directly to each recipi- dynamic P2P networks for real-time or near-real-time dis- 60 ent node. tribution of digital content to a multiplicity of peer nodes Systems and methods of the present invention provide for within the network, wherein the peer nodes are established content delivery to a multiplicity of peer nodes within P2P and/or defined based upon their consumption of the same dynamic networks and/or sub-networks, wherein the file content, i.e., the peer nodes are receiving the same content. distribution occurs between peers receiving the same con- These and other objects and aspects of the present inven- 65 tent. Accordingly, a broad embodiment of this invention is tion will become apparent to those skilled in the art after a directed to, by way of example, embodiments of the present reading of the following description of the preferred invention include dynamic networks base upon at least one Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 25 of 28 US 9,432,452 B2 5 6 trace route, e.g., CDN internet protocol (IP) addresses. and/or software that may be used to download peer node Preferably, the present invention does not require any nam- content include either Adobe Flash or a combination ofW3C ing outside the IP addresses for peer nodes. standards WebRTC and MediaSource, along with modem Preferably, the systems and methods of the present inven- web browsers like WebKit, Google Chrome, Apple Safari, tion provide for dynamic P2P networks distributing digital Mozilla, and/or MS IE. The present invention dynamic content in real-time or near-real-time to a multiplicity of networking of peer nodes easily integrates with existing peer nodes within the network, wherein the peer nodes are websites and Apps that provide for content distribution established and/or defined based upon their consumption of and/or delivery over the Internet or other CDN. Further- the same content, i.e., the peer nodes are receiving the same more, by contrast to the prior art, there is no unique content content. 10 delivery network registration required for peer node opera- It will be appreciated by one of ordinary skill in the art tion and dynamic network content distribution according to that the embodiments of the present invention described the present invention. herein assume the use of existing audio and/or video play- In another embodiment of the present invention, by way back. Advantageously, this corresponds to systems and of example and not limitation, streaming video is provided methods for P2P content distribution among peers of a 15 by at least one content server constructed and configured in dynamic network or sub-network without requiring new remote physical location or remote network distance from a compression or playback for efficient distribution. Further- multiplicity of peer node content recipient devices, all of more, the content distributed via the peer nodes of the which are configured in network-based communication with present invention does not establish the "peemess" or the each other, over at least one network and/or sub-network. P2P connections is not physical location-dependent, control- 20 While proximity of physical location is important, it is dependent, or ownership-dependent; in other words, the primarily the network proximity or network distance that is peemess of peer nodes of the present invention are estab- also used to determine the dynamic P2P networks among lished by the commonality of the content consumed ther- peer nodes, based upon the network routing required. ebetween. The P2P distribution of content according to the Groups are preferably within the same subnetwork of an systems and methods of the present invention provide for 25 internet service provider (ISP) for the nodes. Also, load cached content at each peer node; there is no stored content balancing is a factor considered in determining the dynamic among the peer nodes. P2P networks. A content delivery network where the video Beneficially, the present invention systems and methods content originates includes a series of servers; preferably, the provide increased reliability, more redundancy, and more closest network distance to those is included in the dynamic efficient delivery than those of the prior art. A content 30 P2P networks. By way of example and not limitation, a delivery server originates distribution of at least one prede- routing table including IP addresses of the source of the termined piece of content over dynamic network(s) and/or video content provides a grouping mechanism and a sorting sub-network(s) as illustrated in the figures. The content mechanism to provide at least one grouping of peer nodes delivery server of the present invention identifies the peer having the common content. This is illustrated in FIG. 11 for nodes for at least one piece of content; those peer nodes 35 the Register function, at the step of adding client to content having content in common are identified and used for the item group. distribution within that dynamic network; new peer nodes The at least one content server originates at least one are added for common content with other peer nodes. Peer content piece for distribution over the network(s) and/or nodes or content recipients of the same content provide for sub-network(s) to the peer nodes and their corresponding redirected content delivery among peer nodes (or users), 40 content recipient devices, wherein the peer nodes are con- thereby by-passing any established or static content delivery nected in dynamic network-based (IP-based) communica- network (CDN); advantageously, this saves time, improves tion for receiving and sharing the same content with each redundancy, and also reduces or eliminates costs for content other, wherein the peerness of the peer nodes that initiates delivery over the CDN for the peer nodes. The content their cross-communication is based upon common content delivery server further identifies those peer nodes that are in 45 that each is receiving from the server(s). close network proximity to each other and uses them to Also, the systems and methods of the present invention, in distribute content to each other to create more efficient particular as illustrated in the figures, and more particularly content delivery thereby. in FIGS. 11-14, include implementation for dynamic peer- Factors for balancing or managing distribution of the P2P to-peer (P2P) network-based, IP-based communication content delivery over dynamic networks associated with the 50 among peer nodes, wherein the peemess of the peer nodes present invention include segmentation based on CDN is defined by their common content. In one embodiment of address resolution, trace route to CDN and the P2P server the present invention, the dynamic P2P networks are scal- manager, dynamic feedback from peers reporting traffic able to provide for a single dynamic P2P network among rates between individual peer and its neighbors, round-robin, peer nodes, so long as all peer nodes have common content. other server side scheduling/resource allocation techniques, 55 Preferably, the dynamic P2P networks include small groups and combinations thereof. Management of peer distribution of peer nodes, between about five to about 100 peer nodes, is preferably centrally managed, although some level of all having common content. More preferably, the dynamic management may be offloaded to client peers. P2P networks include small groups of peer nodes, between In one embodiment of the present invention, the systems about five (5) and about twenty (20) peer nodes all having and methods of the present invention may be integrated with 60 common content. And more preferably still, the dynamic applications (Apps) for mobile devices, including but not P2P networks include small groups of peer nodes, between limited to smart phones, tablet computers, mobile comput- about eight (8) and about ten (10) peer nodes having ers, mobile communication devices, and the like, and com- common content defining their peerness. The number of peer binations thereof. However, no customized or proprietary nodes determines the number of common connections, software download to the peer node content recipient 65 which is affected by the IP protocol being used; thus, a single devices is required for the systems and methods of the "hop" is preferred over "leap fogging" among the peer nodes. present invention. By way of example, existing technologies If there are too many peer nodes the repeat is slowed, and Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 26 of 28 US 9,432,452 B2 7 8 switching among processors and servers is costly. Also, if performance, trends, miss count/CDN requests, client/CDN the groups are too small, e.g., two (2) peer nodes, there may addresses), and active viewers/sessions (e.g., content; be some disconnectivity; this problem is solved by at least viewer info-system, address, ... ; routing---CDN addresses, about five (5) peer nodes because the multiplicity of peer route trace, grouping; blocks available and requested; ser- nodes having common content provides connections that vice information and history). may not be available between each of the peer nodes FIGS. 2-9 are schematic diagrams of additional embodi- directly. The minimum number of peer nodes in any group ments of the invention. In these figures, embodiments oflive forming a dynamic P2P network having common content streaming synchronized viewing processes are represented. sharing is determined by the number required for reliability; Content playback is slightly delayed, like normal streaming, the maximum number is determined by the number that 10 and the streaming media is broken up into smaller segments. provides for the common content sharing to be managed and Segments are downloaded as needed-preference is to to maintain connection for communication of the common obtain from other viewers (a, b, c, d, e ... n) but will default content for simultaneous viewing by the users associated to CDN if needed. Viewers are grouped by network "close- with the peer nodes. Methods of the present invention ness." Downloading of content looks like "leap-frog" or include a step of determining grouping of clients having 15 bicycling peloton. In FIG. 2, the server directs viewers to common content based upon a variety of metrics including pre-fetch an initial segment. In FIG. 3, viewer a: segment 1 CDN IP (routing table), QoS, ISP ID, and subnet id. The (CDN), segment 2 (viewer b), segment 3 (viewer c), seg- automatic determination of group size for the P2P dynamic ment 4 (viewer d), segment 5 (viewer e). In FIG. 4, viewer networks according to the present invention is important for b: segment 1 (viewer a), segment 2 (CDN), segment 3 performance and ability to manage issues to a single or 20 (viewer c), segment 4 (viewer d), segment 5 (viewer e). In multiplicity of clients in the group but balanced by a need to FIG. 5, viewer c: segment 1 (viewer a), segment 2 (viewer reduce system resources needed to keep connections to all b), segment 3 (CDN), segment 4 (viewer d), segment 5 group members. Also, the methods of the present invention (viewer e). In FIG. 6, viewer d: segment 1 (viewer a), further include the step of the system dynamically reassign- segment 2 (viewer b), segment 3 (viewer c), segment 4 ing clients to other groups, for example as needed for 25 (CDN), segment 5 (viewer e). In FIG. 7, viewer e: segment reasons like dissolution of a group due to loss/lowering of 1 (viewer a), segment 2 (viewer b), segment 3 (viewer c), group member count, splitting a group that grew too large, segment 4 (viewer d), segment 5 (CDN). In FIG. 8, viewer and QoS metrics dictated different grouping. n: segment 1 (viewer a), segment 2 (viewer b), segment 3 Significantly, the present invention common content is (viewer c), segment 4 (viewer d), segment 5 (viewer e), most preferably a video content that is common among the 30 segment n (CDN). In FIG. 9, viewer a: segment n (viewer n), peer nodes. By way of contrast to prior art, which may segment n+ 1 (CDN), segment n+2 (viewer b), segment n+3 include video games being played simultaneously by remote (viewer c). users, or audio content, which is typically not simultaneous FIG. 10 is a schematic diagram of another embodiment of common content, the video common content is at least 10 the invention, which illustrates the business process times larger or even 100 times larger, and so the small 35 employed with a calculation/processing cycle harvesting groups of peer nodes forming the dynamic P2P networks of ecosystem. The main points are peer nodes that process the present invention provide for smooth playback and calculations and are rewarded by consuming online enter- avoids stuttering problems or delays or buffering problems. tainment or other content. End users of calculations pay for The volume of video content that is common among the peer the results. The payment is used to defray the cost of content nodes at the time of viewing creates a critical factor of 40 license, distribution, and revenue back to the dynamic CDN timeliness for the content sharing among the peer nodes distribution server and/or service provider. having common content at the same time, for providing peer FIG. 11 is a schematic diagram of the invention illustrat- node coordination and cooperation. The common content ing use cases for a registration function. A client icon is that defines the peerness of the peer nodes within a dynamic illustrated at an initiation of the registration function and P2P network for video sharing includes common content and 45 corresponding steps. From a register step, a profile client is common temporality of the common content. The need for provided, including profile client content items and a profile peer nodes to share in real-time or near-real-time all while network including subcomponents of profile network loca- the users are viewing the video content via the remote, tion and profile network bandwith. Also from the register distributed peer nodes provides a session constraint that does step, add client is provided, including add client to client not exist with prior art gaming or prior art audio sharing, 50 profiles and another option of add client to network graph. which most commonly is shared offline, not during concur- Additionally, from the register step, add client to content rent use by the peer nodes users. Thus, for video, the item groups, further including the steps of add client to common content that defines the peer nodes and their group for active content item and add client to groups for peemess for creating the dynamic P2P network is the same other content items on their device(s). Also, request stream video. By way of example and not limitation, a television 55 source list function extends from the register function show, an instructional video, any entertainment video pro- step(s). vided over the web, such as by YouTube, NetFlix, or any FIG. 12 is a schematic diagram of the invention illustrat- streaming video broadcast or on-demand are included within ing use cases for a withdraw function. From a withdraw step, the present invention. The common content is the moving a remove client is provided, including remove client from video stream with coordinated audio, which defines the 60 client profiles step and remove client from network graph, peemess and is used to determine the dynamic P2P network which are automatically initiated upon indication of with- among those peer nodes with the common content. draw request received by at least one server associated with FIG. 1 is a schematic diagram of one embodiment of the the P2P networks of the present invention. Also, the steps of invention. remove client from content item groups, which further In one embodiment of the invention, a server database 65 includes the steps of remove client from group for active includes content information (e.g., URL, listing of encod- content item and remove client from groups for other ings, customer), metrics (e.g., content, connection history, content items on their device(s). Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 27 of 28 US 9,432,452 B2 9 10 FIG. 13 is a schematic diagram of the invention illustrat- thereof, are provided for participation by the rec1p1ent ing use cases for a request stream source list function. From devices (peer node devices receiving the common content), a request stream resource list step initiated by a client user, i.e., to encourage, promote, incentivize, or increase the a profile client is provided, including the steps of get clients number of peers for any piece of content, thereby providing for content item, get client information, which includes other elasticity of the dynamic CDN when the demand for any steps of get client profile information, and get client network particular content is highest or at high levels for periods of information. Additional steps of rank clients and submit time. A virtual currency may thus be provided to encourage report follow. the multiplicity of peer node content recipient devices to FIG. 14 is a schematic diagram of the invention illustrat- participate within the dynamic network(s) and/or sub-net- ing use cases for a submit report function that further 10 work(s) for receiving more content (for example viewing includes the steps of update QoS for stream source and log more video downloads) and thereby participating in more client performance. than one of the dynamic networks due to increased fre- Advertisement associated with the content shared among quency and type of content. the peer nodes is also provided according to systems and Certain modifications and improvements will occur to methods of the present invention. Precisely targeted adver- 15 those skilled in the art upon a reading of the foregoing tisement related to the common content that defines the description. The above-mentioned examples are provided to peerness, combined with the dynamic network communica- serve the purpose of clarifYing the aspects of the invention tion of the present invention provide for optimized relevance and it will be apparent to one skilled in the art that they do or matching or advertising content with intended recipients. not serve to limit the scope of the invention. All modifica- By way of example and not limitation, community-driven 20 tions and improvements have been deleted herein for the advertisement is a beneficial object of the present invention sake of conciseness and readability but are properly within systems and methods. the scope of the present invention. Gaming and social media are further considered subject to P2P dynamic network distribution content for the present The invention claimed is: invention. Gaming and social media typically have updated 25 1. A system for virtualized computing peer-based content content (e.g., static/unchanging items like new game levels, sharing comprising: additional content, social information like photos and video) at least one content delivery server computer constructed that could be pre-distributed instead of pulled by the user and configured for electrical connection and commu- removing latency and wait during game play or social nication via at least one communications network; and network activities. Additionally, it is possible to use peer 30 at least one peer-to-peer (P2P) dynamic network includ- nodes for distributed storage as well as additional (game- ing a multiplicity of peer nodes, wherein the multiplic- based/social network) database processing. Also, processing ity of peer nodes consume the same content within a may be performed over the peer nodes. Corporate content or predetermined time, wherein the multiplicity of peer commercial data provide another example of content pro- nodes are constructed and configured for electronic vided under the systems and methods of the present inven- 35 communication over the at least one P2P dynamic tion, wherein the peer nodes are users within a common network, wherein the at least one P2P dynamic network corporation, organization, or entity. Specifically, examples is based on at least one trace route; wherein the of corporate content or commercial data include but are not multiplicity of peer nodes is distributed outside con- limited to training videos, company events, files, and com- trolled networks and/or content distribution networks binations thereof. 40 (CDNs) that are included within the at least one com- Advantageously, another aspect of the systems and meth- munications network; ods of the present invention provide for simulation to wherein the at least one content delivery server computer leverage the hardware of the peer node content recipient is operable to store viewer information, check content devices for providing coordinated analytics, for example on request, use the trace route to segment requested con- large data sets. The data is retained within the community or 45 tent, find peers, and return client-block pairs; peers (i.e., peer nodes determined by peerness or common- wherein distribution of P2P content delivery over the at ality of data being distributed thereto and/or therebetween). least one P2P dynamic network is based on content Thus, the present invention provides for leveraging commu- segmentation; nities sharing common content with each other over the wherein content segmentation is based on CDN address dynamic network(s) and/or sub-network(s) without the con- 50 resolution, trace route to CDN and P2P server manager, tent being distributed directly from the CDN server origi- dynamic feedback from peers reporting traffic rates nating the content, and without the content distribution between individual peer and its neighbors, round-robin being limited or otherwise restricted by the established and other server side scheduling/resource allocation (static) CDN network(s). The systems and methods of the techniques. present invention provide for harnessing the content recipi- 55 2. The system of claim 1, wherein large data files are ent devices to aggregate or assemble intelligent functionality distributed or shared across and/or among the peer nodes. of the devices unassociated with the content receipt, includ- 3. The system of claim 1, the P2P connection among ing but not limited to computational storage and processing and/or across the peer nodes is provided because of a content capacity of the content recipient devices in the P2P dynamic commonality. network, as in grid computing applications for massively 60 4. The system of claim 1, further including sub-networks parallel computation in addition to the P2P content distri- within the at least one P2P dynamic network. bution and redundancy of online content distribution to 5. A method for virtualized computing peer-based content receiving or recipient peer node devices. sharing comprising the steps of: In yet another beneficial application of the systems and providing at least one content delivery server computer methods of the present invention, economically driven 65 constructed and configured for electrical connection incentives to peer nodes or content recipients include sav- and communication via at least one communications ings, compensation, points, credits, and combinations network; Case 4:19-cv-06025-YGR Document 1 Filed 09/25/19 Page 28 of 28 US 9,432,452 B2 11 12 providing at least one peer-to-peer (P2P) dynamic net- 7. The method of claim 5, further including the steps of work including a multiplicity of peer nodes constructed getting client information and getting clients for the and configured for electronic communication over the requested content item. at least one P2P dynamic network, wherein the multi- 8. The method of claim 7, further including the step of plicity of peer nodes consume the same content within ranking clients based upon client profile information and a predetermined time, wherein the at least one P2P client network information. dynamic network is based on at least one trace route 9. The method of claim 8, further including the step of wherein the multiplicity of peer nodes is distributed providing the content for the client to play or view the outside controlled networks and/or content distribution content. 10 10. The method of claim 5, further including the step of networks (CDNs) that are included within the at least one communications network; the system automatically grouping clients into groups hav- the at least one content delivery server computer receiving ing between about 5 and about 100 clients. 11. The method of claim 5, further including the step of at least one content request from a client; the at least one content delivery server computer segment- the system automatically grouping clients into groups hav- ing requested content based on CDN address resolu- 15 ing between about 5 and about 20 clients. tion, trace route to CDN and the P2P server manager, 12. The method of claim 5, further including the step of dynamic feedback from peers reporting traffic rates the system automatically grouping clients into groups hav- between individual peer and its neighbors, round-robin, ing between about 8 and about 10 clients. 13. The method of claim 5, further including the step of and other server side scheduling/resource allocation techniques; 20 determining grouping of clients having common content automatically identifying at least one peer node having at based upon a variety of metrics including CDN IP (routing least one segment of the requested content in close table), QoS, ISP ID, and subnet id. network proximity to the client; and 14. The method of claim 5, further including the step of at least one peer node most proximal to the client sharing the system dynamically reassigning clients to other groups. the at least one segment of the requested content. 25 15. The method of claim 5, further comprising providing 6. The method of claim 5, further including the steps of economically driven incentives to peer nodes for participa- automatically registering the client; adding the client; and tion in the at least one P2P dynamic network. adding the client to content item groups. * * * * * JS-CAND 44 (Rev. 07/19) Case 4:19-cv-06025-YGR Document 1-1 Filed 09/25/19 Page 1 of 1 CIVIL COVER SHEET The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS COOPERATIVE ENTERTAINMENT, INC. RIPPLE LABS, INC. (b) County of Residence of First Listed Plaintiff Wake County, North Carolina County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Wawrzyn & Jarvis LLC 2700 Patriot Blvd., Suite 250 Glenview, IL 60026 847.656.5848 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF 1 U.S. Government Plaintiff 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4 (U.S. Government Not a Party) of Business In This State Citizen of Another State 2 2 Incorporated and Principal Place 5 5 2 U.S. Government Defendant 4 Diversity of Business In Another State (Indicate Citizenship of Parties in Item III) Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of 422 Appeal 28 USC § 158 375 False Claims Act 120 Marine Property 21 USC § 881 423 Withdrawal 28 USC 376 Qui Tam (31 USC 310 Airplane 365 Personal Injury – Product 130 Miller Act Liability 690 Other § 157 § 3729(a)) 315 Airplane Product Liability 140 Negotiable Instrument 367 Health Care/ LABOR PROPERTY RIGHTS 400 State Reapportionment 320 Assault, Libel & Slander 150 Recovery of Pharmaceutical Personal 410 Antitrust 330 Federal Employers’ 710 Fair Labor Standards Act 820 Copyrights Overpayment Of Injury Product Liability 430 Banks and Banking Liability 720 Labor/Management 830 Patent Veteran’s Benefits 368 Asbestos Personal Injury 450 Commerce 340 Marine Relations 835 Patent─Abbreviated New 151 Medicare Act Product Liability 345 Marine Product Liability 740 Railway Labor Act Drug Application 460 Deportation 152 Recovery of Defaulted PERSONAL PROPERTY 470 Racketeer Influenced & 350 Motor Vehicle 751 Family and Medical 840 Trademark Student Loans (Excludes 370 Other Fraud Corrupt Organizations 355 Motor Vehicle Product Leave Act Veterans) 371 Truth in Lending SOCIAL SECURITY Liability 790 Other Labor Litigation 480 Consumer Credit 153 Recovery of 380 Other Personal Property 861 HIA (1395ff) 360 Other Personal Injury 791 Employee Retirement 485 Telephone Consumer Overpayment Damage Income Security Act 862 Black Lung (923) Protection Act of Veteran’s Benefits 362 Personal Injury -Medical Malpractice 385 Property Damage Product 863 DIWC/DIWW (405(g)) 490 Cable/Sat TV 160 Stockholders’ Suits Liability IMMIGRATION 864 SSID Title XVI 850 Securities/Commodities/ 190 Other Contract 462 Naturalization Exchange CIVIL RIGHTS PRISONER PETITIONS 865 RSI (405(g)) 195 Contract Product Liability Application 440 Other Civil Rights 890 Other Statutory Actions HABEAS CORPUS 465 Other Immigration FEDERAL TAX SUITS 196 Franchise 891 Agricultural Acts 441 Voting 463 Alien Detainee Actions 870 Taxes (U.S. Plaintiff or REAL PROPERTY 442 Employment 893 Environmental Matters 510 Motions to Vacate Defendant) 210 Land Condemnation Sentence 895 Freedom of Information 443 Housing/ 871 IRS–Third Party 26 USC Accommodations Act 220 Foreclosure 530 General § 7609 445 Amer. w/Disabilities– 896 Arbitration 230 Rent Lease & Ejectment 535 Death Penalty Employment 899 Administrative Procedure 240 Torts to Land OTHER 446 Amer. w/Disabilities–Other Act/Review or Appeal of 245 Tort Product Liability 540 Mandamus & Other Agency Decision 290 All Other Real Property 448 Education 550 Civil Rights 950 Constitutionality of State 555 Prison Condition Statutes 560 Civil Detainee– Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District (specify) Litigation–Transfer Litigation–Direct File VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 USC §§ 271, et seq. ACTION Brief description of cause: Patent Infringement VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. JURY DEMAND: Yes No VIII. RELATED CASE(S), JUDGE DOCKET NUMBER IF ANY (See instructions): IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) (Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE DATE 09/25/2019 SIGNATURE OF ATTORNEY OF RECORD /s/ Todd C. Atkins
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