Ben Grobler vs. Apple
Ben Grobler vs. Apple
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Christopher D. Banys (State Bar No. 230038) (State Bar No. 209233) Richard C. Lin [email protected] [email protected] THE LANIER LAW FIRM, P.C. 2200 Geng Road, Suite 200 Palo Alto, California 94303 Telephone: (650) 322-9I 00 Facsimile: (650) 322-9I03 Attorneys for Plaintiff, BENJAMIN GROBLER
E-filing
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II 12 13 I4 I5 16 17 18 I9 20 2I 22 23 24 25 26 27 28 v. BENJAMIN GROBLER, Plaintiff,
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Plaintiff, Benjamin Grobler, for his Complaint against Apple Inc., hereby alleges as follow :
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THE PARTIES
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and existing under the laws ofthe State of California, having its principal place of business at I In mite Loop, Cupertino, CA 95014.
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seq. This Court has jurisdiction over Plaintiffs federal law claims under 28 U.S.C. 1331 and 1 38(a).
4. This Court has specific and/or general personal jurisdiction over Defendant Apple
because it has committed acts giving rise to this action within this judicial district and/or has esta ished
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minimum contacts within California and within this judicial district such that the exercise of juris4iction i over Apple would not offend traditional notions of fair play and substantial justice.
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Venue is proper in this District pursuant to 28 U.S.C. 1391(b)-(c) and 1400(b) b cause
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Defendant Apple has committed acts within this judicial district giving rise to this action, and con inues to conduct business in this district, and/or has committed acts of patent infringement within this giving rise to this action. 'strict
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Grobler re-alleges and incorporates by reference the allegations set forth in the pre eding
Paragraphs as if fully set forth herein. 7. On September 28, 2004, the United States Patent and Trademark Office duly and
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lawfully issued United States Patent Number 6,799,084 ("the '084 patent") entitled "Data Vendin
System" to the inventor, Benjamin Grobler. A true and correct copy of the '084 patent is attache heretd as Exhibit A.
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Grobler is the owner and assignee of all right, title, and interest in and to the '084
CASE NO.:
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including the right to assert all causes of action arising under said patent and the right to any reme ies 2 3 4 5 6 7 for infringement of it. 9. On information and belief, Apple has infringed and continues to infringe one or m
claims ofthe '084 patent in the State of California, in this judicial district, and elsewhere in the U ited States by, among other things, making, using, importing, offering to sell, and/or selling in the Uni ed States systems for data vending, including but not limited to the iTunes system. On information belief, Apple indirectly infringes one or more claims of the '084 patent by contributing to and/or d
8 inducing their customers' infringement using such systems. On information and belief, Apple kn w or '
9 10 11 12 13 14 15 should have known its actions would induce and/or contribute to infringement of the '084 patent. 10. by this Court. 11. Apple's acts of infringement have damaged Grobler in an amount to be proven at t ial,
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On information and belief, Apple will continue to infringe the '084 patent unless e Joine~
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but in no event less than a reasonable royalty. Apple's infringement ofGrobler's rights under the '084 patent will continue to damage Grobler causing irreparable harm, for which there is no adequate r medy at law, unless enjoined by this Court.
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and pre- and post-judgment interest for its infringement of the '084 patent asp ovidedl under 35 U.S.C. 284;
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CASE NO.:
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e. For a judgment and order finding this to be an exceptional case, and awarding
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For such relief at law and in equity as the Court may deem just and proper. DEMAND FOR A JURY TRIAL
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Respectfully submitted, By: Is/ Christopher D. Banys (230038) Christopher D. Banys Richard C. Lin (209233) The Lanier Law Firm, P.C. 2200 Geng Road, Suite 200 Palo Alto, CA 94303 Tel: (650) 332-9100 Fax: (650) 322-9103 Attorneys for Plaintiff, BENJAMIN GROBLER
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COMPLAINT FOR PATENT INFRINGEMENT
EXHIBIT A
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US006799084B2
(10) (45)
(54) (76)
DATA VENDING SYSTEM Inventor: Benjamin Filmaltcr Groblcr, 92 Southpansberg Rd., Riviera, Pretoria 0084 (ZA) Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U .S.C. 154(b) by 0 days.
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Notice:
5,790,177 5.812,643 5,860,362 5,Y02,115 5.918,213 5,993,216 6,086,380 6,118,860 6,134,593 6,587,404
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cited by examiner Related U.S. Application Data (63) (30) (51) (52)
Continuation-in-part of application No. P<..'T/ZA99/00056, filed on Jul. 29, 1999.
Primary Examiner-Donald P. Walsh Assistant Examiner-Michael E. Butler (74) Attorney, Agent, or Firm-Akerman Senterfitt
(57) ABSTRACT
Int. CJ. 7 ........................................... G07F 17/00 U.S. CJ ........................ 700/235; 700/237; 700/241; 700/234 (58) Field of Search ................................. 700/237, 241, 700/235, 234
(56) References Cited U.S. PATENT DOCUMENTS
4,528,643 4,674,055 4,695,903 4,725,977 4,787,050 4,789,907 5,418,654 5,625,562 5,757,908 5,758,069 A A A A A A A A A A 7/1985 Freeny, Jr. 6/1987 Ogaki et al. ................ 364/479 9/1987 Serap ......................... 358/355 2/1988 Izumi et al. ................ 364/9fXl 11/1988 Suzuki ....................... 364/479 12/1988 Fischetti et al ............ 360/33.1 5/1995 Scheffler ...................... 360/13 4/1997 Veeneman ....... ... ... 364/479.05 5/1998 Cooper et al. ................. 380/4 5/1998 Olsen .................... 395/187.01
The invention provides a data vending system 10 including the storing data such as digitised music and/or video and/or computer programs on one or more main computer i.e. the data depot 12 and dispensing the data to a uniquely identifiable data carrier 30. The data on the data depot 12 includes a database which maintains owner and/or possessor records for each said data carrier 30, the data being selected from the group including ownership or possession history of the data carrier, personal details of the past and present owner and/or possessor of the data carrier, demographic data about the user/owner of the data carrier, data recorded onto the data carrier at an authorised data dispensing device (tither cumulatively or periodically, by title, by artist, etc), data rented and the rental period (either cumulatively or periodically, by title, by artist, etc), the user's normal requirements, the user's payment records, royalties paid to the copyright owner by the user, and favourite data of the user. 8 Claims, 1 Drawing Sheet
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US 6,799,084 B2
a uniquely identifiable recordable. data carrier configured DATA VENDING SYSTEM for recording data from the data dispensing device; and a database for keeping a record of the data recorded by a CROSS REFERENCE TO RELATED user onto said data carrier, at least a part of which APPLICATIONS database is stored remotely from said data carrier. The database may also maintain owner and/or possessor This application is a continuation-in-part of PCT/ZA99/ records for each said data carrier selected from the group 00056. Filed Jul. 29, 1999. including ownership or possession history of the data carrier, FIELD OF THE INVENTION personal details of the past and present owner and/or pos10 sessor of the data carrier, demographic data about the This invention relates to a data vending system. user/owner of the data carrier, data recorded onto the data carrier at an authorised data dispensing device (either cumuBACKGROUND TO THE INVENTION latively or periodically, by title, by artist, etc), data rented and the rental period (either cumulatively or periodically, by The inventor is aware that presently copyright royalty title, by artist, etc), the user's normal requirements, the losses are incurred due to unauthorised copying of data, such 15 user's payment records, royalties paid to the copyright as music, videos, computer programs, and the like. This owner by the user, and favourite data of the user. copying usually takes the form of one or more unauthorised The database may link the record of the user to any copies being made from an original or authorised copy. number of said data carriers and to the data recorded onto One of the reasons for the unauthorised copying is that said data carriers thereby to collate all data recorded by the consumers are unable to purchase just the data they want, 20 user onto any number of data carriers. and are often offered either a bundle including the data they The database may be stored in whole or in part on the data require or they must do without. depot, on the data dispenser, on the data carrier, or on a combination of any of the aforementioned i.e. a decentraA further reason for the copying is that recording media lised database. are freely available and that any person may record data on 1be data depot may include a computer located at a such media, without prior authorisation by the copyright 25 remote location on which data to be vended is stored or from owner or his licensee(s). which data to be vended is routed. Yet a further reason for the unauthorised copying is the The data depot may have the data stored thereon indexed. availability of data of the type mentioned above over the The indexing may be by index number, name of author, internet, for example, from music sites which allow the name of producer, title, content, cost, duration, theme, or the downloading of particular tracks of music either for free or 30 like. for payment. Once the music has been downloaded from the The index may be searchable from the data dispensing internet by a user neither the internet site operator nor the device and/or from the data carrier. owner of the copyright in such data has any control over its The data depot may be a store of digitised or analogue music, video, games, information, or computer programs. further copying. The data dispensing device may be in the form of a In addition to the above problems, the authorised end user 35 computer terminal in data transfer communication with the is also limited by present data distribution systems in that if depot. Conveniently such data transfer may be by dedicated the data is lost or damaged the authorised user has to again data lines, optic fibre cables, telephone lines, satellite linkpurchase an authorised copy from the copyright owner or a up, radio transmission, or the like. licensed vendor. This problem is particularly acute with data The computer terminal may be provided with localised carried on magnetic or optical media such as tapes, diskettes, 40 data storage for storing an index of available data. The index compact disks (CO's) and Digital Video Disks (DVD's), may be a copy of a portion of the data depot index at a given which are prone to loss and/or damage. time. The inventor is aware of EP 0 649 121 A2 to international The index on the computer terminal may be updated Business Machines Corporation. This system provides for 45 periodically from the data depot, typically when data is distribution of remotely stored digitised information, which transferred between the computer data depot and the cominformation may be previewed in real time, and product puter terminal to complete a data vending transaction. incorporating selected digitised information can be manuThe computer terminal may be provided with data writing factured on-site and within a short response time to a means for writing data to a data carrier. The computer customers request at a point of sale location. The system also 50 terminal may be configured to download data from the depot provides management reporting and a marketing system and transfer the data to the data carrier with or without collects and maintains data useful to the retailer and the storing it locally for later retrieval. content owners such as record companies. This system, The computer terminal may include payment means for however, does not address the end user's ownership of processing payment of a transaction amount for the data digitised data nor the license held by the end user of the 55 vending transaction. digitised data as the system is supplier orientated and not end A royalty payment to the copyright owner and/or licensee user orientated. There is thus little incentive for a user to may be included in the transaction amount, which royalty accept the system as a sole unified information sales system. payment may either be transferred automatically to the copyright owner and/or licensee, or credited to an account SUMMARY OF THE INVENTION 60 for later transfer, in either event accurate and rapid royalty Thus, according to a first aspect of the invention, there is accounting is made possible. The payment means may include a key pad configured to provided a data vending system including: accept an identification code linked to an account to which a data depot for storing one or more data type selected the transaction may be debited. from the group comprising digitised or analogue music, The computer terminal may include a card reader for video, games, information, and computer programs; 65 accepting payment by banking cards, such as credit cards, a data dispensing device in communication with the data debit cards, savings cards, and the like. depot;
US 6,799,084 B2
The data carrier may be a single or multiple use recordDESCRIPTION OF THE DRAWINGS able data carrier. The invention will now be described, by way of example The data carrier may include key means, for example, a only, with reference to the accompanying flow diagram. hardware or software key linked to a microprocessor. The A data vending system 10, broadly in accordance wit the data carrier may thus be activated and deactivated for 5 invention, includes the storing data, such as digitised music receiving data and/or releasing data by means of the key and/or video and/or computer programs on one or more means. main computer i.e. the data depot 12. "TI1e data on the data The data dispensing device may be provided with a depot 12 being indexed to be searchable in terms of index verification mechanism for verifying the authenticity of the number, name of author, name of producer, title, content, key means. 10 cost, duration, theme, or the like. The key means may be located on the data dispensing The data on the data depot 12 includes a database 40 device and a code may be required to authenticate a user. which maintains owner and/or possessor records for each The key means may be in the form of a code at a remote said data carrier 30, the data being selected from the group location, the data dispensing device being communicable including ownership or pos.session history of the data carrier, with the remote location for verification of the code input by 15 personal details of the past and present owner and/or posa user at the data dispensing device. sessor of the data carrier, demographic data about the Equally the verification mechanism and/or the key means user/owner of the data carrier, data recorded onto the data may be at least partially located on the data depot. carrier at an authorised data dispensing device (either cumuThe recordable data carrier may be configured to receive latively or periodically, by title, by artist, etc), data rented data only from a data dispensing device authorised for a particular data carrier or a particular class of data carrier. 20 and the rental period (either cumulatively or periodically, by The recordable data carrier may be configured to be read title, by artist, etc), the user's normal requirements, the by a data carrier reader authorised for a particular data user's payment records, royalties paid to the copyright carrier or a particular class of data carrier. owner by the user, and favourite data of the user. However, the recordable data carrier may be configured One or more vendors 14, 16, 18, at locations remote to the for receiving data from certain authorised data dispensing 25 main computer of the data depot U, are provided with data devices but to be read by any suitable reader, for example, dispensing devices 20, 22, 24, able to communicate with the a horne entertainment centre. main computer by satellite link-up, by telephone or data line, The recordable data carrier may be configurable, through by radio, or the like 21. The dispensing devices will typically the data recorded thereon or otherwise, to permit reading of be in the form of a local file server having a number of server the data stored thereon for a predetermined period of time 30 stations 20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3, only, whereafter the data is either marked as stale and later or terminals where a customer can search the depot 12 index deleted, or deleted immediately. and select data of his or her choice. Each item selected will The above function may be controlled from a remote have a code and a price. location by radio, satellite, data or telephone cable, or the In another version, the index of the depot 12 is searchable like. This functionality will permit the so called renting of 35 from the data carrier 30 by providing the data carrier 30 with data, rather than purchasing the use thereof for an indefinite a search engine which interfaces with the index of the depot period, and is particularly suited to games, music and video 12. data. Thus a list of selections will have an overall price, According to a second aspect of the invention, there is including royalties, taxes, etc, which the user tenders. provided a method of vending data, the method including: 40 The terminal may include payment means such as a card storing data to be vended; reader 26 for accepting payment by banking cards, such as dispensing desired data packages from the depot; credit cards, debit cards, savings cards, and the like. recording the dispensed data to a data carrier; and The terminal20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, databasing details of the record carrier. 24.3, is provided with data writing means 28 for writing data According to a further aspect of the invention there is 45 to a data carrier 30. provided a vending booth including a data dispensing device The terminal20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, in communication with a data depot, the data dispensing 24.3, is configured to download data from the depot 12 and device being configured for dispensing data to a recordable transfer them to the data carrier 30 with or without storing data carrier configured for recording data from the data dispensing device and for exchanging data regarding the 50 it locally on the terminal 20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3, for later retrieval. dispensed data with a database for storing user information The data carrier 30 may be a single or multiple use for each recordable data carrier. recordable data carrier, such as a removable hard disk, a The booth may include electronic payment means in the CD-ROM, a DVD, flash memory, an eeeprom, or the like. form of a card or token reader configured to debit an account One envisaged embodiment is a cassette holding a numof a user responsive to the dispensing of data from the data 55 ber of CO-ROMs and a controller for performing the other dispensing device on the recordable data carrier. functions, and managing the data on the CO-ROMs. The booth may be in the form of a vending machine type The data carrier 30 includes key means 32, for example, apparatus, similar to those currently used for other transaca hardware or software key linked to a microproces.sor. The tions. The data dispensing device of the booth may be in the 60 data carrier 30 is thus activated and deactivated for receiving data by means of the key means 32. Typically this functionform of a computer terminal having a user interface, a data ality will be performed with the use of PIN (Personal writer configured for use with the data carrier, and a comIdentification Numbers) or pas.swords, or the like, cell-phone munication device for permitting data transfer communicafashion. tion with the data depot by means of one or more data transfer means selected from the group comprising of dedi- 65 The data dispensing device 20, 22, 24 and/or the data cated data lines, optic fibre cables, telephone lines, satellite depot 12 is provided with a verification mechanism for link-up, radio transmission, or broadband cable. verifying the authenticity of the key 32.
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US 6,799,084 B2
The inventor believes that the invention is advantageous The recordable data carrier 32 is configured to receive in that it will permit a user who has once purchased some data only from a data dispensing device 20, 22, 24, authodata, and has subsequently lost the data carrier or who has rised for a particular data carrier 32 i.e. at the premises of an deleted the relevant data, to re-record the data without authorised vendor 14, 16, 18, and to be read by any suitable 5 repurchasing it. reader, for example, a home entertainment centre 34. Once a selection has been paid for the data corresponding Furthermore, the inventor believes that it is an advantage to that selection is downloaded from the main computer of of the invention that a user can purchase or rent the data e.g. the data depot 12, via the terminal 20.1, 20.2, 20.3, 22.1, music, video etc. for a predetermined period of time, and pay 22.2, 22.3, 24.1, 24.2, 24.3, onto the data carrier 30 and a therefor accordingly with the copyright owner being credroyalty payment to the copyright owner and/or licensee, 10 ited with royalties accordingly. which is iQcluded in the transaction amount, is transferred to What is claimed is: or credited to the account of said copyright owner and/or 1. A data vending system including: licensor either automatically at the time of the transaction or a data depot for storing one or more data types selected later. from the group consisting of digitized music, analog The vendor 14, 16, 18 thus does not require large data 15 music, video, games, information, and computer prostorage facilities, nor as with conventional record bars, video grams; shops and software outlets, large stock holding tying up floor a data dispensing device in communication with the data space and capital. A vendor 16 may provide one or more depot; vending booths 16.1, which may be in the form of a vending a uniquely identifiable recordable data carrier configured machine type apparatus, similar to those currently used for 20 for recording data from the data dispensing device; other transactions. The booth can include the data dispensing device and payment means. a database for keeping a record of the data recorded by a TI1e recordable data carrier 30 is configurable, through the user onto said data carrier, at least a part of which data recorded thereon or otherwise, to permit reading of the databao;e is stored remotely from said data carrier, data stored thereon for a predetermined period of time only, 25 wherein the database also maintains at least one of owner whereafter the data is either marked as stale and later and possessor records for each said data carrier selected deleted, or deleted immediately. '!be above function is from the group consisting of ownership history of the monitored from the dispensing terminal 20.1, 20.2, 20.3, data carrier, possession history of the data carrier, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3, and requires periodic personal details of the past and present owner and communication with a terminal 20.1, 20.2, 20.3, 22.1, 22.2, 30 possessor of the data carrier, demographic data about 22.3, 24.1, 24.2, 24.3, to keep the data carrier alive. This the user and owner of the data carrier, data recorded permits tight control to be exercised over the copyright in the onto the data-earlier at an authorized data dispensing data on the data carrier 30 as any unauthorised data on the device, data rented and the rental period, the user's data carrier 30 can be deleted by the terminal 20.1, 20.2, normal requirements, the user's payment records, roy20.3, 22.1, 22.2, 22.3, 24.1, 242, 24.3, during the periodic 35 alties paid to the copyright owner by the user, and communication. favorite data of the user; This functionality permits the so called renting of data, wherein the data carrier is a multiple use recordable data rather than purchasing the use thereof for an indefinite carrier which includes key means for at least one period, and is particularly suited to music and video data as function selected from activating the data carrier for well as ensuring regular contact between the vendor and the 40 receiving data, deactivating the data carrier for receivuser for sales purposes. ing data, activating the data carrier for releasing data, Thus, a copyright owner 42 may access the database 40 to and deactivating the data carrier for releasing data, determine the royalties collected so far and due to him, the wherein the key means includes at least one of a client base he has, changing trends, and the like. hardware key and a software key linked to a microLikewise a user of the system who owns or is in autho- 45 processor operatively associated with a data carrier; rised posession of one or more data carrier 30 may access the and data base 40 determine which data he has paid for and is wherein the data dispensing device is provided with a entitled to, how his preferences have changed with time, and verification mechanism for verifying the authenticity of the like. This is possible even if there are several data the key means. carriers 30 linked to the single user since the database 40 50 2. A data vending system including: links the data carriers of a user to that user. Furthermore, in a data depot for storing one or more data types selected the event of theft or loss of one or more data carrier, the from the group consisting of digitized music, analog system will allow the lost or stolen data carrier to be music, video, games, information, and computer proscrambled, deleted, disabled, or otherwise made inoperative grams; from a remote location or when such a data carrier 30 is next 55 a data dispensing device in communication with the data presented for recording of further data at a terminal 20.1, depot; 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3, while the a uniquely identifiable recordable data carrier configured rightful owner or possessor is able to re-record the lost data for recording data from the data dispensing device; at said terminal without further payment or at reduced cost. a database for keeping a record of the data recorded by a The database 40 may be stored on the data depot 12, on 60 user onto said data carrier, at least a part of which the data dispenser 20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24,1, database is stored remotely from said data carrier, 24.2, 24.3, on the data carrier 30, or on a combination of any wherein the database also maintains at least one of owner of the aforementioned i.e. a decentralised database. and possessor records for each said data carrier selected The inventor envisages that the system could be operated from the group consisting of ownership history of the as a franchise operation with a main computer operator i.e. 65 data carrier, possession history of the data carrier, the wholesaler, and a number of vendors i.e. the retailer, personal details of the past and present owner and much like present record bars and the like.
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US 6, 799,084 B2 7
normal requirements, the user's payment records, roypossessor of the data carrier, demographic data about the user and owner of the data carrier, data recorded alties paid to the copyright owner by the user, and onto the data carrier at an authorized data dispensing favorite data of the user; device, data rented and the rental period, the user's wherein the recordable data carrier is configurable to normal requin::ments, the user's payment records, roy- 5 permit reading of the data stored thereon for a predeallies paid to the copyright owner by the user, and termined period of time only, whereafter the data is favorite data of the user; processed in at least one way selected from marked as wherein the recordable data carrier is configured to be stale and later deleted, deleted immediately, and read only by a data carrier reader authorized for a scrambled. particular data carrier or a particular class of data 10 5. A data vending system as claimed in claim 4, wherein carrier. the processing of the data is initiated from a remote location 3. A data vending system including: by at least one of radio, satellite, data cable, and telephone cable. a data depot for storing one or more data types selected 6. A vending booth for use with a data vending system from the group consisting of digitized music, analog music, video, games, information, and computer pro- 15 comprising: grams; a data depot for storing one or more data types selected from the group consisting of digitized music, analog a data dispensing device in communication with the data music, video, games, information, and computer prodepot; grams; a uniquely identifiable recordable data carrier configured 2o a data dispensing device in communication with the data for recording data from the data dispensing device; depot; a database for keeping a record of the data recorded by a a uniquely identifiable recordable data carrier configured user onto said data carrier, at least a part of which for recording data from the data dispensing device; database is stored remotely from said data carrier, wherein the database also maintains at least one of owner 25 a database for keeping a record of the data recorded by a user onto said data carrier, at least a part of which and possessor records for each said data carrier selected database is stored remotely from said data carrier; from the group consisting of ownership history of the wherein the database also maintains at least one of data carrier, possession history of the data carrier, owner and possessor records for each said data carrier personal details of the past and present owner and selected from the group including ownership history of possessor of the data carrier, demographic data about 30 the data carrier, possession history of the data carrier, the user and owner of the data carrier, data recorded persona] details of the past and present owners and onto the data carrier at an authorized data dispensing possessors of the data carrier, demographic data about device, data rented and the rental period, the user's the users and owners of the data carrier, data recorded normal requirements, the user's payment records, royonto the data carrier at an authorized data dispensing alties paid to the copyright owner by the user, and 35 device, data rented and the rental period, the user's favorite data of the user; normal requirements, the user's payment records, roywherein the recordable data carrier is configured to permit alties paid to the copyright owner by the user, and or prohibit the reading of data recorded thereon or the favorite data of the user, recording of data thereon by a code which is altered the vending booth including a data dispensing device in periodically when the data carrier is in data communi- 40 communication with the data depot, the data dispensing cation with the data depot or the data dispensing device. device being configured for dispensing data to an 4. A data vending system including: authorized recordable data carrier configured for a data depot for storing one or more data types selected recording data from the data dispensing device and for from the group consisting of digitized music, analog 45 exchanging data regarding the dispensed data with a music, video, games, information, and computer prodatabase for storing user information for each recordgrams; able data carrier. a data dispensing device in communication with the data 7. A vending booth as claimed in claim 6, wherein the depot; booth includes electronic payment means in the form of a a uniquely identifiable recordable data carrier configured 50 card or token reader configured to debit an account of a user for recording data from the data dispensing device; responsive to the dispensing of data from the data dispensing a database for keeping a record of the data recorded by a device on the recordable data carrier. user onto said data carrier, at least a part of which 8. A vending booth as claimed in claim 6, wherein the data database is stored remotely from said data carrier, dispensing device is in the form of a computer terminal 55 having a user interface, a data writer configured for use with wherein the database also maintains at least one of owner the data carrier, and a communication device for permitting and possessor records for each said data carrier selected data transfer communication with the data depot by means from the group consisting of ownership history of the of one or more data transfer means selected from the group data carrier, posses.sion history of the data carrier, consisting of dedicated data lines, optic fiber cables, telepersonal details of the past and present owner and possessor of the data carrier, demographic data about 60 phone lines, satellite link-up, radio transmission, and broadthe user and owner of the data carrier, data recorded band cable. onto the data carrier at an authorized data dispensing device, data rented and the rental period, the user's * * * * *