TRADEMARK

    Docket
      No. 556292401300

     

    ASSET
      PURCHASE AGREEMENT

     

    ASSET
      PURCHASE AGREEMENT (the “Agreement”)
      dated
      as of August __, 2008, by and between Phantom Entertainment, Inc., a
      Delaware corporation (the “Seller”),
      and
      Phantom Game Service, Inc., a Delaware corporation (the “Purchaser”).

     

    W
      I T N E S S E T H:

     

    WHEREAS,
      Seller
      is engaged in the business of manufacturing
      and marketing the Phantom Lapboard;

     

    WHEREAS,
      subject
      to the terms and conditions hereof, Seller desires to sell, transfer and assign
      to Purchaser, and Purchaser desires to purchase from Seller, all of the
      properties, rights and assets, of Seller, as listed on Schedule A, attached
      hereto;

     

    WHEREAS,
      the
      Board of Directors of the Seller have approved this Agreement and the
      transactions contemplated by this Agreement; and

     

    WHEREAS,
      the
      Board of Directors of Purchaser have approved this Agreement and the
      transactions contemplated by this Agreement;

     

    NOW,
      THEREFORE,
      in
      consideration of the premises and the mutual covenants and agreements
      hereinafter contained, the parties hereby agree as follows:

     

    1
       Sale
      and Transfer of Assets.
      On the
      terms and subject to the conditions set forth in this Agreement, at the Closing,
      and effective as of the Closing Date (as defined below), Seller agrees to sell,
      assign, transfer and deliver to Purchaser, and Purchaser agrees to purchase
      from
      Seller, all of Seller’s right, title and interest in and to the assets of the
      Seller, the assets listed on Schedule A, attached hereto, free from any and
      all
      liabilities. The assets, properties and business of Seller being sold to and
      purchased by Purchaser under this Section 1 are referred to herein collectively
      as the “Assets.”

     

    2. Closing. The
      closing of this Agreement (the "Closing")
      shall
      take place at a place mutually determined by Seller and Buyer on or before
      5:00
      P.M. EST, on the date hereof or at such other date or time as Buyer and Seller
      may agree upon (the date of Closing being hereinafter referred to as the
      "Closing
      Date").

     

    3.  Purchase
      Price.

     

    3.1.
       Purchase
      Price.
      In
      consideration of the sale by Seller to Buyer of the Assets and satisfaction
      of
      the conditions contained herein, Buyer shall pay to the Seller the sum of Sixty
      Five Thousand ($65,000) dollars (the “Principal
      Amount”).

     

    3.2
       Payment
      of Purchase Price.
      The
      Buyer shall pay to Seller an initial payment of Thirty Thousand Dollars
      ($30,000) 30 days from the Closing Date; Ten Thousand ($10,000) dollars 60
      days
      from the Closing Date thereafter; and Twenty Five Thousand ($25,000) dollars
      shall be paid 120 days from the Closing Date. In the event that Buyer raises
      any
      equity and/or debt in the subsequent to the Closing Date, the funds raised
      by
      such subsequent financing shall be applied to the payment of the Purchase Price.
      The buyer shall also pay 49% of the authorized shares of Phantom Game Service,
      Inc to Phantom Entertainment, Inc. Phantom Game Service, Inc will issue a stock
      certificate and deliver it to Phantom Entertainment within 30 days from contract
      execution date. The stock certificate shall be titled in the name Phantom
      Entertainment, Inc.


    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    3.3 Licensing
      of Trademarks.
      On the
      third anniversary date of this contract, the Buyer shall agree to pay One
      Hundred Thousand Dollars ($100,000) dollars to license certain trademarks (see
      schedule A and H). Both Phantom Game Service, Inc and Phantom Entertainment
      will
      agree to allow the other company the right to use any of the trademarks in
      Schedule H. The term of this licensing agreement will be 99 years.

     

    3.4 Royalty
      Payments to Phantom Entertainment.
      Phantom
      Game Service, Inc. will agree to provide Phantom Entertainment a royalty payment
      of 7% of the annual gross revenue from the companies online game sales through
      the Phantom Game Service Software. Phantom Game Service, Inc. will agree to
      provide Phantom Entertainment with full audited financials at the end of each
      year starting on the end of the first year from the signing of this
      contract.

     

    4. Documents
      to be Delivered.
      

     

    4.1 Documents
      to be Delivered by the Seller.
      At the
      Closing, the Seller shall deliver, or cause to be delivered, to the Purchaser
      such documents as the Purchaser shall reasonably request.

     

    4.2 Documents
      to be Delivered by the Purchasers.
      At the
      Closing, the Purchaser shall deliver to the Seller such documents as the Seller
      shall reasonably request.

     

    5.
       Representations
      and Warranties of the Seller.

     

    As
      an
      inducement to Buyer to enter into this Agreement and to consummate the
      transactions contemplated herein, Seller represents and warrants as
      follows:

     

    5.1.
       The
      Seller is a corporation duly organized, validly existing and in good standing
      under the laws of Delaware. 

     

    5.2 The
      execution, delivery and performance of this Agreement and all other agreements
      to be entered into in connection therewith have been duly authorized by the
      Board of Directors of the Seller and by all necessary corporate action, and
      do
      not violate or conflict with any provisions of the corporate documents of the
      Seller or any agreement, instrument, law or regulation to which the Seller
      is a
      party or by which Purchaser is bound.

     

    5.3
       Seller
      has the power and the authority and all licenses and permits required by
      governmental authorities to own and operate its properties and carry on its
      business as now being conducted. The Seller does not have any
      subsidiaries.

     

    5.4
       Seller
      has authority to execute and perform this Agreement and all other agreements
      to
      be entered into in connection with the transactions contemplated hereby.


     

    5.5 Purchaser
      shall accept the assets "as is" without warranty as to their condition and
      operation.

     

    5.6 Seller
      is
      the owner of and has good and marketable title to all of the Assets enumerated
      in Schedule A, attached hereto, free from all encumbrances.


    
      
        
        

      

      
        2

        
          

        

      

      
        
        

      

    


    5.7 Seller
      recognizes that the intangible assets have nominal value as of the Closing
      Date.


     

    All
      representations and warranties made by Seller shall survive the
      Closing.

     

    6.
       Representations
      and Warranties of Buyer.

     

    As
      an
      inducement to Seller to enter into this Agreement and to consummate the
      transactions contemplated herein, Purchaser represents and warrants as
      follows:

     

    6.1.
       Purchaser
      is a corporation duly organized, validly existing and in good standing under
      the
      laws of the State of Delaware. Purchaser has the power and the authority and
      all
      licenses and permits required by governmental authorities to own and operate
      its
      properties and carry on its business as now being conducted.

     

    6.2.
       Purchaser
      has the corporate power and authority to execute and perform this Agreement
      and
      all other agreements to be entered into in connection with the transactions
      contemplated hereby.

     

    6.3.
       The
      execution, delivery and performance of this Agreement and all other agreements
      to be entered into in connection therewith have been duly authorized by the
      Board of Directors of the Purchaser and by all necessary corporate action,
      and
      do not violate or conflict with any provisions of the corporate documents of
      the
      Purchaser or any agreement, instrument, law or regulation to which the Purchaser
      is a party or by which Purchaser is bound.

     

    6.4.
       No
      approval or authorization of this Agreement or any other agreement to be entered
      into in connection with the transactions contemplated by this Agreement is
      required by law or otherwise in order to make this Agreement or any other
      agreements entered into in connection herewith binding upon the Purchaser.
      Upon
      the execution and delivery of this Agreement and any other agreement in
      connection therewith, this Agreement and any other such agreements will
      constitute legal, valid and binding obligations of Buyer, enforceable in
      accordance with their respective terms.

     

    7.
       Covenants
      Prior to Closing.
      During
      the period from the date hereof through the Closing, the Seller covenants and
      agrees with Buyer that Seller hereby assumes all risk of loss, damage or
      destruction resulting from fire or other casualty to the time of transfer of
      assets and Closing.

     

    8.
       Benefit
      of Parties; Assignment.
      This
      Agreement shall be binding upon the personal representatives, successors and
      assignees of the parties. This Agreement and any accompanying instruments and
      documents include the entire transaction between the parties and there are
      no
      representations, warranties, covenants or conditions, except those specified
      herein or in accompanying instruments and documents.

     

    9.
       Termination
      of Agreement.
      This
      Agreement may be terminated at any time prior to the Closing:

     

    (a)
       by
      mutual
      consent of the Seller and the Buyer; and

     

    (b)
       by
      either
      the Seller or the Buyer if this Agreement shall not have been consummated on
      or
      before September 1, 2008; provided, however, that a material breach of this
      Agreement by a terminating party shall not be the reason for the failure of
      the
      Closing to occur.


    
      
        
        

      

      
        3

        
          

        

      

      
        
        

      

    

     

    10.
       Indemnification
      by Seller.
      Seller
      hereby agrees to indemnify Purchaser against and hold it harmless from any
      and
      all losses, liabilities, costs, damages, claims and expenses (including, without
      limitation, attorneys fees and expenses incurred by Purchaser in any action
      or
      proceeding between Purchaser and Seller or between Buyer and any third party
      or
      otherwise) ("Damages")
      which
      Purchaser may sustain at any time by reason of (i) noncompliance with any
      applicable bulk sales or transfer law, (ii) any liability or contract of, or
      claim against, Seller, whether contingent or absolute, direct or indirect,
      known
      or unknown, matured or unmatured (including but not limited to liabilities
      for
      taxes), (iii) any liability or claim arising in any way from any service
      rendered, or action taken by, or relating to the operations of, Seller prior
      to
      the Closing Date, (iv) any liability or claim under an environmental laws
      relating to any event, action or failure to act which occurred prior to the
      Closing Date, or (v) the breach or inaccuracy of or failure to comply with,
      or
      the existence of any facts resulting in the inaccuracy of, any of the
      warranties, representations, conditions, covenants or agreements of Seller
      contained in this Agreement or in any agreement or document delivered pursuant
      hereto or in connection herewith, or arising out of the consummation of the
      transactions contemplated hereby. Purchaser shall have the right to set-off
      and
      deduct any Damages incurred by it under this Agreement from any payments
      required to be made by Purchaser or under any other obligation of Purchaser
      to
      Seller.

     

    11.
       Survival
      of Representations and Warranties.
      All
      representations and warranties contained herein, and all other representations
      and warranties of the Seller and Purchaser contained in the instruments executed
      in connection with the consummation of the transactions provided for herein,
      shall survive the execution of this Agreement, the consummation of the sale
      contemplated hereby and any investigation made by any party hereto.

     

    12.
       Notices.
      All
      notices, requests, demands, documents and other communications given or due
      hereunder shall hereafter be made in writing and shall be deemed to have been
      duly given when hand delivered, when received if sent by telecopier or by same
      day or overnight recognized commercial courier service or three days after
      being
      mailed by certified or registered mail, postage prepaid:

    


    if
      to
      Seller to:               Phantom
      Entertainment, Inc.

    222
      Grace
      Church St., Ste. 302

    Port
      Chester, NY 10573

    Tel:
      (201) 560-2500

    Fax:
      ( )
      - 

    Attn:
      John Landino

    


    and
      if to
      Purchaser to:        Phantom
      Game Service, Inc.

    Timothy
      M
      Roberts

    20009
      Lomond Lane

    Tampa,
      Fl
      33647

    Tel:
      (314) 825-4964

    Fax:
      (877) 482-9585

    Attn:
      Timothy Roberts

    


    13.
       Governing
      Law.
      This
      Agreement shall be governed in all respects by the laws of the State of Florida.
      

     

    [SIGNATURE
      PAGE TO FOLLOW]


    
      
        
        

      

      
        4

        
          

        

      

      
        
        

      

    

     

    IN
      WITNESS WHEREOF,
      the
      parties hereto have set their hands and seals, the date and place first above
      written.


     

    
      	
              Phantom
                Entertainment, Inc.

            
	 	 
	
              

            
	 	 
	 
	
              Name:

            	
              John
                Landino

            
	
              Title:

            	
              Chief
                Executive Officer

            
	 
	
              

            
	 	 
	 
	Name:	
              John
                Landino

            
	
              Title:

            	
              Board
                of Directors

            
	 	 
	 
	
              Name:

            	
              Dick
                Angelotti

            
	
              Title:

            	
              Board
                of Directors

            
	 	 
	
              Phantom
                Game Service, Inc.

            
	 	 
	 
	
              Name:

            	
              Timothy
                Roberts

            
	
              Title:

            	
              Chief
                Executive Officer

            


    


    
      
        
        

      

      
        5

        
          

        

      

      
        
        

      

    

     

    SCHEDULE
      A

     

    ASSETS
      TO BE PURCHASED WITH DESCRIPTIONS

     

    
      	 	
              1.

            	
              Phantom
                Game Service encoding engine
                software

            


    

     

    
      	 	
              2.

            	
              Phantom
                Game Service client software

            


    

     

    
      	 	
              3.

            	
              Phantom
                Game Service server software

            


    

     

    
      	 	
              4.

            	
              All
                Game Service database software

            


    

     

    
      	 	
              5.

            	
              All
                Game Service scripting and middleware
                software

            


    

     

    
      	 	
              6.

            	
              Phantom
                Game Service trademark – see Schedule
                B

            


    

     

    
      	 	
              7.

            	
              Any
                Game Any Tim trademark – see Schedule
                C

            


    

     

    
      	 	
              8.

            	
              Phantom
                Game Service patents – see Schedule
                D

            


    

     

    
      	 	
              9.

            	
              Chart
                of Trademarks to be acquired – see Schedule
                E

            


    

     

    
      	 	
              10.

            	
              Chart
                of Trademarks to be licensed with joint right to use – see Schedule
                H

            


    

     

    
      	 	
              11.

            	
              Any
                publisher agreements which are assignable including but not limited
                to the
                below (see Schedule G):

            


    

     

    
      	 	
              1.

            	
              Vivendi

            


    

     

    
      	 	
              2.

            	
              Riverdeep

            


    

     

    
      	 	
              3.

            	
              Enlight

            


    

     

    
      	 	
              4.

            	
              Edios

            


    

     

    
      	 	
              5.

            	
              Codemasters

            


    

     

    
      	 	
              6.

            	
              Atari

            


    

     

    
      	 	
              12.

            	
              Any
                marketing, collateral or legal contracts for the phantom game service,
                publisher agreements, royalty agreements, propaganda, logos, designs,
                diagrams 

            


    

     

    
      	 	
              1.

            	
              PowerPoint
                Corporate, Technical and any other presentations used for
                marketing

            


    

     

    
      	 	
              2.

            	
              Collateral
                Materials, product sheets, investor documents, Phantom Game Service
                Logos,
                Phantom Game Service Letterhead, Phantom Game Service graphics, Phantom
                Game Service diagrams

            


    

     

    
      	 	
              3.

            	
              Legal
                Contracts, Royalty Agreements, Publisher Agreements, Confidentiality
                Agreements, Loan Agreements, Equity Agreements, Employment Agreements,
                Human Resource Documents and Agreements, S8 Agreements, board agreements,
                advisory board agreements, separation agreements, consulting agreements,
                service agreements, investor agreements or any other document which
                was
                developed and can be reused for Phantom Game
                Service.

            


    

     

    
      	 	
              4.

            	
              Patents
                – Any patents which were designed and not yet filed with the UPTSO,
                and
                all patents which were filed with the UPTSO. All designs developed
                for the
                Phantom Game Service for the patents or to show the engineering process.
                

            


    

     

    
      
        
        

      

      
        6

        
          

        

      

      
        
        

      

    


    
      	 	
              5.

            	
              Marketing
                – Any banner ads, graphic designs, and logo designs for the Phantom
                Game
                Service, advertising, ads and videos. Custom marketing video developed
                by
                2advanced studios

            


    

     

    
      	 	
              6.

            	
              Websites
                – Whoswestudios website design

            


    

     

    
      	 	
              13.

            	
              Operating
                Plans – any operating plans, pro-formas or cash flow statements for the
                phantom game service.

            


    

     

    
      	 	
              14.

            	
              Market
                Research – see schedule F

            


    

     

    
      	 	
              1.

            	
              Any
                market research which was developed to show the consumer demand,
                statistics, market size, consumer information, feasibility studies,
                demographics or any other information which can be used to substantiate
                and validate the game services.

            


    

     

    
      	 	
              15.

            	
              Phantom
                SharePoint server database

            


    

     

    
      	 	
              16.

            	
              Phantom
                game receiver with patents, engineering documents,
                diagrams

            


    

     

    
      	 	
              17.

            	
              Gold
                Master CD’s per the publisher
                agreements

            


    

     

    
      	 	
              18.

            	
              www.phantomgameservice.com,
                www.phantom-gs.com,
                www.phantom-gs.net,
                www.phantomgamingservice.net,
                domain names

            


    

     

    
      
        
        

      

      
        7

        
          

        

      

      
        
        

      

    

     

    SCHEDULE
      B

     

    Phantom
      Game Service Trademark - Certification of Registration No. 2,961,733, issued
      on
      June 14, 2005, by the U.S. Patent and Trademark Office.

     

    


    
      
        
        

      

      
        8

        
          

        

      

      
        
        

      

    

     

    SCHEDULE
      C

     

    Any
      Game Any Time trademark 

     

     

      
        

      

    

    CERTIFICATE
      OF HAND DELIVERY

     

    I
      hereby
      certify that this correspondence is being hand filed with the United States
      Patent and Trademark Office in Arlington, VA on March __, 2004.

     

    ________________________________________

     Archie
      Fisher

    
      
 

    IN
      THE
      UNITED STATES PATENT AND TRADEMARK OFFICE

     

    
      	
              Mark:  ANY
                GAME, ANY TIME

               

              Classes: 9
                and 41

            	 


    

    


     

    TRADEMARK/SERVICE
      MARK APPLICATION,

    PRINCIPAL
      REGISTER, WITH DECLARATION

     

    BOX
      NEW
      APP FEE

    Commissioner
      for Trademarks

    2900
      Crystal Drive

    Arlington,
      VA 22202-3513

    


    
      	
              APPLICANT
                NAME:

            	
              Infinium
                Labs, Inc.

            
	 	 
	
              APPLICANT
                BUSINESS ADDRESS:

            	
              2033
                Main Street, Suite 309

              Sarasota,
                Florida 34237

            


    

     

    APPLICANT
      ENTITY: 

     

    
      	 	
               ̈

            	
              Individual
                - Citizenship (Country): 

            


    

     

    
      	 	
               ̈

            	
              Partnership
                - State where organized (Country, if appropriate):
                

            


    

     

    
      	 	 	
              Names
                and Citizenship (Country of General Partners):


            


    

     

    
      	 	
              ý

            	
              Corporation
                - State (Country, if appropriate) of Incorporation:
                

            


    

    Delaware

     

    
      	 	
               ̈

            	
              Other
                (Specify Nature of Entity and Domicile):


            


    


    
      
        
        

      

      
        9

        
          

        

      

      
        
        

      

    

     

    GOODS
      AND/OR SERVICES:


     

    Applicant
      requests registration of the trademark/service mark shown in the accompanying
      drawing in the United States Patent and Trademark Office on the Principal
      Register established by the Act of July 5, 1946 (15 U.S.C. § 1051
      et seq., as amended) for the following goods/services:

     

    Interactive
      computer game consoles, in International Class 9; and,

    


    Entertainment
      services, namely, providing interactive computer gaming network that allows
      end-users to demo, rent, purchase and play computer games, in International
      Class 41.


     

    BASIS
      FOR APPLICATION:

     

    ý Applicant
      has a bona fide intention to use the mark in commerce on or in connection with
      the above-identified goods/services. (15 U.S.C. § 1051(b), as
      amended.)

    


    POWER
      OF ATTORNEY

     

    Applicant
      hereby appoints Matthew D. Berger, Philip T. Besirof, Barry E. Bretschneider,
      Thomas E. Ciotti, Kelly C. Crabb, John F. Delaney, Stephen C. Durant, Kimberly
      A. Eckhart, Douglas Hendricks, Lynn M. Humphreys, Gladys H. Monroy, Kate H.
      Murashige, Carole E. Reagan, Debra A. Shetka, Andrew N. Spivak, Allen Z.
      Sussman, Rosemary S. Tarlton, Jennifer Lee Taylor, and Dean J. Zipser, all
      members of a bar of a state in the United States, as its attorneys with full
      power of substitution and revocation, to prosecute the application to register,
      and to transact all business in the Patent and Trademark Office in connection
      therewith and to receive the Certificate of Registration.

     

    Please
      direct all communications to:

     

    Andrew
      N.
      Spivak

    Morrison
      & Foerster llp

    1650
      Tysons Boulevard, Suite 300

    McLean,
      Virginia 22102

     

    Please
      direct all telephone calls to Andrew N. Spivak at (703)
      760-7761.


    
      
        
        

      

      
        10

        
          

        

      

      
        
        

      

    

     

    DECLARATION

     

    The
      undersigned being hereby warned that willful false statements and the like
      so
      made are punishable by fine or imprisonment, or both, under
      18 U.S.C. § 1001, and that such willful false statements may
      jeopardize the validity of the application or any resulting registration,
      declares that he/she is properly authorized to execute this application on
      behalf of the applicant; he/she believes the applicant to be the owner of the
      trademark/service mark sought to be registered, or, if the application is being
      filed under 15 U.S.C. § 1051(b), he/she believes applicant to be
      entitled to use such mark in commerce; to the best of his/her knowledge and
      belief no other person, firm, corporation, or association has the right to
      use
      the above-identified mark in commerce, either in the identical form thereof
      or
      in such near resemblance thereto as to be likely, when used on or in connection
      with the goods/services of such other person, to cause confusion, or to cause
      mistake, or to deceive; and that all statements made of his/her own knowledge
      are true and all statements made on information and belief are believed to
      be
      true.

     

    
      	 	 	
              Infinium
                Labs, Inc.

            
	 	 	 
	
               

            	 	 
	
              Date

            	 	
              Signature

            
	 	 	 
	 	 	 
	 	 	
              Print
                Name and Title

            


    


    
      
        
        

      

      
        11

        
          

        

      

      
        
        

      

    

     

    
      TRADEMARK

      Docket
        No. 556292401300

    

     

    
      	
              APPLICANT:

            	 	
              Infinium
                Labs, Inc.

            
	
              ADDRESS:

            	 	
              2033
                Main Street, Suite 309

              Sarasota,
                Florida 34236

            
	
              DATE
                OF FIRST USE:

            	 	
              Intent-to-Use.

            
	
              FIRST
                USE IN COMMERCE:

            	 	
              Intent-to-Use.

            
	
              GOODS:

            	 	
              Interactive
                computer game consoles, in International Class 9; and,

            
	
              SERVICES:

            	 	
              Entertainment
                services, namely, providing interactive computer gaming network that
                allows end-users to demo, rent, purchase and play computer games,
                in
                International Class 41.

            


    

    


    ANY
      GAME,
      ANY TIME


    
      
        
        

      

      
        12

        
          

        

      

      
        
        

      

    

     

    SCHEDULE
      D

     

    PHANTOM
      GAME SERVICE PATENTS 

     

    
      	
              United
                States Patent Application

            	
              20060069796
                

            
	
              Kind
                Code 

            	
              A1
                

            
	
              Lucas;
                Todd C. ;   et al. 

            	
              March
                30, 2006 

            


    

     

    
      

    

     

    Method
      for automatic patching of a sparsely streamed application 

     

    Abstract

     

    A
      method
      and apparatus are provided for automatic patching of a sparsely streamed
      application, such as a game application. The invention enables an initial file
      set to be streamed to a client's network device. The file set is used to
      generate file segments. A patcher is then authorized to write to sections of
      the
      file segment, regardless of whether they have received portions of the streamed
      application. Once a section of the file segment has been written to by the
      patcher, that section becomes an authoritative region, which indicates that
      the
      streaming process may not write to it again. This authoritative region
      represents a last-known good image for that section of the file. This approach
      may be applied over an arbitrary number of patches, with authoritative sections
      growing, coalescing, or truncating as appropriate. 

     

    
      
 

    
      	
              Inventors:

            	
              Lucas;
                Todd C.;
                (Woodinville,
                WA) ;
                Roberts; Jesse P.;
                (Seattle,
                WA) 

            
	
              Correspondence
                Name and Address: 

            	
                 
                DARBY & DARBY P.C.

                 
                P. O. BOX 5257

                 
                NEW YORK

                 
                NY

                 
                10150-5257

                 
                US

            
	
              Assignee
                Name and Adress:

            	
              Infinium
                Labs,
                Inc.

              Sarasota

              FL34237

               

            
	
              Serial
                No.: 

            	
              953313

            
	
              Series
                Code: 

            	
              10
                

            
	
              Filed:
                

            	
              September
                29, 2004

            


    

    


    
      	
              U.S.
                Current Class:

            	
              709/231 

            
	
              U.S.
                Class at Publication:

            	
              709/231 

            
	
              Intern'l
                Class: 

            	
              G06F
                15/16 20060101 G06F015/16

            


    

    


    
      
 Claims

      

    


    
      
        
        

      

      
        13

        
          

        

      

      
        
        

      

    


    1.
      A
      method of streaming an application, comprising: generating a file segment;
      writing a patch into at least one address location associated with the file
      segment; marking the at least one address location that includes the patch
      as an
      authoritative section; receiving a section of the streamed application; and
      if
      at least a portion of the section of the streamed application is to be written
      into the authoritative section, prohibiting the writing of that portion of
      the
      streamed application. 

    


    2.
      The
      method of claim 1, further comprising, if another portion of the section of
      the
      streamed application is not to be written into the authoritative section,
      writing of the other portion of the streamed application into the file segment.
      

    


    3.
      The
      method of claim 1, wherein marking the at least one address location includes
      employing a device driver to mark the authoritative section. 

    


    4.
      The
      method of claim 1, wherein writing the patch includes employing a patcher
      program. 

    


    5.
      The
      method of claim 1, further comprising, if writing the patch includes writing
      another address location that exceeds a length of the file segment, redefining
      the length of the file segment to include the other address location.


    


    6.
      The
      method of claim 1, wherein the streamed application further comprises at least
      one of an application associated with RealAudio, streaming MP3, Flash,
      Shockwave, Windows Media, QuickTime, RealMedia G2 with SMIL, Rich Music Format
      (RMF), Liquid Audio, MP3, MIDI, WAV, and AU. 

    


    7.
      The
      method of claim 1, wherein the streamed application further comprises at least
      one of a game, music, video, graphical file, interactive file, educational
      program, audio file, news file, and an advertisement. 

    


    8.
      The
      method of claim 1, further comprising, determining a hash value associated
      with
      a content of the file segment, and comparing the determined hash value to a
      predefined hash-value. 

    


    9.
      The
      method of claim 8, determining the hash value further comprises including
      another hash value associated with another section of the application that
      has
      not been received. 

    


    10.
      A
      system for streaming an application, comprising: a streaming server that is
      configured to stream the application; and a client device, coupled to the
      streaming server, and configured to perform actions, including: receiving,
      from
      the streaming server, a file manifest associated with the application, wherein
      the file manifest includes information associated with a file, and a file length
      value for the file; employing the information to generate a file segment having
      the file length of the file; receiving a patch associated with the application;
      writing the patch into at least one address location associated with the file
      segment; marking the at least one address location that includes the patch
      as an
      authoritative section; receiving a section of the streamed application from
      the
      streaming server; and if at least a portion of the section of the streamed
      application is to be written into the authoritative section, prohibiting the
      writing of that portion of the streamed application. 

    


    11.
      The
      system of claim 10, wherein receiving the patch includes receiving the patch
      from another server. 

    


    12.
      The
      system of claim 10, further comprising, if another portion of the section of
      the
      streamed application is not to be written into the authoritative section,
      writing of the other portion of the streamed application into the file segment.
      

    


    
      
        
        

      

      
        14

        
          

        

      

      
        
        

      

    

    13.
      The
      system of claim 10, wherein marking the at least one address location includes
      employing a device driver to mark the authoritative section. 

    


    14.
      The
      system of claim 10, wherein writing the patch includes employing a patcher
      program obtainable from at least one of a portion of the streamed application,
      and another server. 

    


    15.
      The
      system of claim 10, further comprising, if writing the patch includes writing
      another address location that exceeds a length of the file segment, redefining
      the length of the file segment to include the other address location.


    


    16.
      A
      client device for receiving a streaming application, comprising: a patcher
      that
      is configured to perform actions, including: receiving a patch from a server;
      enabling the patch to be written into at least one address location of a file
      segment; and enabling a marking of the at least one address location that
      includes the patch as an authoritative section; and an installer that is
      configured to perform actions, including: generating the file segment; receiving
      a section of the streamed application; and if at least a portion of the section
      of the streamed application is to be written into the authoritative section,
      enabling a prohibition of the writing of that portion of the streamed
      application. 

    


    17.
      The
      client device of claim 16, wherein generating the predetermined file segment
      further comprises: receiving a file manifest that comprises a list of files
      to
      be streamed and file length information for each of the files in the list of
      files; and employing the list of files and file length information to generate
      the file segment, wherein the file segment is initially empty. 

    


    18.
      The
      client device of claim 16, wherein enabling a prohibition of the writing further
      comprises employing a device driver to prohibit the writing of that portion.
      

    


    19.
      A
      modulated data signal for streaming an application from a server to a client,
      the modulated data signal comprising: receiving at the client a patch associated
      with the application; enabling the writing of the patch into at least one
      address location associated with the file segment; enabling the marking of
      the
      at least one address location that includes the patch as an authoritative
      section; receiving a section of the streamed application from the server; and
      if
      at least a portion of the section of the streamed application is to be written
      into the authoritative section, prohibiting the writing of that portion of
      the
      streamed application. 

    


    20.
      An
      apparatus for managing a streaming of an application, comprising: a means for
      receiving a patch associated with the application; a means for writing the
      patch
      into at least one address location associated with the file segment; a means
      for
      marking the at least one address location that includes the patch as an
      authoritative section; a means for receiving a section of the streamed
      application; and if at least a portion of the section of the streamed
      application is to be written into the authoritative section, a means for
      prohibiting the writing of that portion of the streamed application.


     

    
      
        

      

    

    Description

    
      
        

      

    

     

    FIELD
      OF
      THE INVENTION 

    


    [0001]
      The invention relates generally to streaming content over a network, and more
      particularly but not exclusively to an apparatus and method for providing
      automatic patching of a sparsely streamed application, such as a game
      application. 

    


    
      
        
        

      

      
        15

        
          

        

      

      
        
        

      

    

     

    BACKGROUND
      OF THE INVENTION 

    


    [0002]
      Internet streaming of content has changed the Web as we knew it from a static
      text and graphics medium into a multimedia experience surrounded with sound
      and
      moving pictures. Streaming content may be poised to become a de facto
      distribution standard, incorporating virtually all other media, including
      television, radio, and movies. The low cost and technical simplicity of
      streaming content makes web broadcasting irresistible to publishers,
      broadcasters, corporations, and individuals. 

    


    [0003]
      This technology enables a website user to merely click on a selection and
      moments later to listen to music, watch a movie, attend an educational program,
      and even to play an interactive computer game. Streaming typically works by
      first compressing a digital file and then decomposing it into smaller packets,
      which may then be transported over a network, such as the Internet. When the
      packets reach a destination, they are decompressed and reassembled into a form
      that can be played by the user's system. Often the packets are buffered on
      the
      user's system so a number of them are downloaded to the user's system before
      playback. As the buffered or preloaded packets play, more packets are being
      downloaded and queued up for playback. 

    


    [0004]
      Streaming of computer game applications has been particularly successful. A
      user
      may simply install a client player component, which lets the user stream and
      play the game application over a network connection, often with only a small
      portion of the game content having been downloaded first. As the user progresses
      through parts of the game, additional levels, and other data may be seamlessly
      downloaded in the background so they're there when the game application may
      need
      them. 

    


    [0005]
      However, many game applications, and other applications, are routinely patched
      or updated when the application is launched on the user's system, and prior
      to
      play. Such patches may be directed towards correcting programming errors,
      providing enhanced features, customizing the application to the user's system,
      patching security flaws, incorporating anti-cheat features, and the like.
      Because traditional patching approaches may assume the presence of the
      application, patching presents a challenge to the design of streaming
      applications. Thus, it is with respect to these considerations and others that
      the present invention has been made. 

    


    BRIEF
      DESCRIPTION OF THE DRAWINGS 

    


    [0006]
      Non-limiting and non-exhaustive embodiments of the invention are described
      with
      reference to the following drawings. In the drawings, like reference numerals
      refer to like parts throughout the various figures unless otherwise specified.
      

    


    [0007]
      For a better understanding of the invention, reference will be made to the
      following Detailed Description of the Invention, which is to be read in
      association with the accompanying drawings, wherein: 

    


    [0008]
      FIG. 1 shows a functional block diagram illustrating one embodiment of an
      environment for practicing the invention; 


    
      
        
        

      

      
        16

        
          

        

      

      
        
        

      

    


    [0009]
      FIG. 2 shows one embodiment of a client device that may be employed in a system
      implementing the invention; 

    


    [0010]
      FIG. 3 illustrates a logical flow diagram generally showing one embodiment
      of a
      process for streaming an automatic patching application; and 

    


    [0011]
      FIG. 4A-D show one embodiment of a file segment of an application during an
      automatic patching process, in accordance with the present invention.


    


    DETAILED
      DESCRIPTION OF THE INVENTION 

    


    [0012]
      The present invention now will be described more fully hereinafter with
      reference to the accompanying drawings, which form a part hereof, and which
      show, by way of illustration, specific exemplary embodiments by which the
      invention may be practiced. This invention may, however, be embodied in many
      different forms and should not be construed as limited to the embodiments set
      forth herein; rather, these embodiments are provided so that this disclosure
      will be thorough and complete, and will fully convey the scope of the invention
      to those skilled in the art. Among other things, the present invention may
      be
      embodied as methods or devices. Accordingly, the present invention may take
      the
      form of an entirely hardware embodiment, an entirely software embodiment or
      an
      embodiment combining software and hardware aspects. The following detailed
      description is, therefore, not to be taken in a limiting sense. 

    


    [0013]
      Briefly stated, the present invention is directed towards a method and apparatus
      for providing automatic patching of a sparsely streamed application. In one
      embodiment, the streamed application is an interactive computer game. However,
      the invention is not so limited, and the invention may be applied to virtually
      any application that may be streamed. 

    


    [0014]
      The invention considers each file segment as a layer of file segments. A file
      segment may include either an original file that is being streamed over a
      network, or file section information that is associated with a given patch.
      

    


    [0015]
      The invention then enables an initial file segment to be streamed to a client's
      network device. As part of an initialization activity, an empty file segment
      may
      be allocated to receive at least a portion of the streamed application. A
      patcher is then authorized to write to sections of the file segment, regardless
      of whether a portion of the streamed application has been written into the
      file
      segment. Once a section has been written to by the patcher, that section becomes
      an authoritative section for a region of a file segment. When the patcher writes
      to the file segment, the original file-set layer for that section becomes marked
      as invalid, which indicates that the streaming application process may not
      write
      to it again. This authoritative section then represents a last-known good image
      for that section of the file segment. The above approach may be applied over
      an
      arbitrary number of patches, with authoritative sections growing, coalescing,
      or
      truncating as appropriate. 

    


    [0016]
      Additionally, once the file segment that has been patched has been completely
      streamed, it may be hashed. The resulting hash value may then be compared
      against another hash-value associated with that file in a patch file-set
      meta-data. Some hash operations may assume that the entire streamed application
      is streamed onto the client in order to scan the streamed application to
      generate a hash value. However, the invention may accommodate such restrictions,
      through a variety of mechanisms. For example, in one embodiment, hash values
      may
      be generated to include file segments that are still on the server (e.g., not
      yet streamed to the client). 


    
      
        
        

      

      
        17

        
          

        

      

      
        
        

      

    


    Illustrative
      Operating Environment 

    


    [0017]
      FIG. 1 illustrates one embodiment of an environment in which the present
      invention may operate. However, not all of these components may be required
      to
      practice the invention, and variations in the arrangement and type of the
      components may be made without departing from the spirit or scope of the
      invention. 

    


    [0018]
      As
      shown in the figure, a system 100 includes client device 102, network 105,
      streaming server device (SSD) 104, and patching server device (PSD) 106. Network
      105 is in communication with and enables communication between each of client
      device 102, SSD 104, and PSD 106. 

    


    [0019]
      One embodiment of client device 102 is described in more detail below in
      conjunction with FIG. 2. Briefly, however, client device 102 may include
      virtually any computing device capable of receiving a streamed application
      over
      a network, such as network 105, from another computing device, such as SSD
      104,
      and the like. The set of such devices may include devices that typically connect
      using a wired communications medium such as personal computers, multiprocessor
      systems, microprocessor-based or programmable consumer electronics, network
      PCs,
      and the like. The set of such devices may also include devices that typically
      connect using a wireless communications medium such as cell phones, smart
      phones, pagers, walkie-talkies, radio frequency (RF) devices, infrared (IR)
      devices, CBs, integrated devices combining one or more of the preceding devices,
      or virtually any mobile device, and the like. Similarly, client device 102
      may
      be any device that is capable of connecting using a wired or wireless
      communication medium such as a PDA, POCKET PC, wearable computer, and any other
      device that is equipped to communicate over a wired and/or wireless
      communication medium. 

    


    [0020]
      Client device 102 may be configured to receive the streamed application
      employing any of a variety of mechanisms, including, User Datagram Protocol
      (UDP)/Internet Protocol (IP), RealTime Streaming Protocol (RTSP), HyperText
      Transfer Protocol (HTTP), and the like. Moreover, client device 102 may include
      a client application that is enabled to use a variety of formats for managing
      the streaming application, including, RealAudio, streaming MP3, Flash,
      Shockwave, Windows Media, QuickTime, RealMedia G2 with SMIL, Rich Music Format
      (RMF), Liquid Audio, MP3, MIDI, WAV, AU, and the like. In one embodiment, client
      device 102 employs the client application to communicate with a streaming server
      device, such as SSD 104, to negotiate and receive the streaming application.
      

    


    [0021]
      Client device 102 may be further configured to receive additional content,
      such
      as a patch to the streamed application, from another computing device employing
      a similar or different mechanism than above. In one embodiment, client device
      102 employs the client application to communicate with a patching server device,
      such as PSD 106, to negotiate and receive the patch to the streamed application.
      

    


    [0022]
      The streamed application may include virtually any computer content that may
      be
      streamed over a network, such as network 105, including a game application,
      music, videos, graphical files, interactive files, educational programs, audio
      files, news, advertisements, and the like. 


    
      
        
        

      

      
        18

        
          

        

      

      
        
        

      

    


    [0023]
      Network 105 is configured to couple one computing device to another computing
      device to enable them to communicate. Network 105 is enabled to employ any
      form
      of computer readable media for communicating information from one electronic
      device to another. Also, network 105 may include a wireless interface, and/or
      a
      wired interface, such as the Internet, in addition to local area networks
      (LANs), wide area networks (WANs), direct connections, such as through a
      universal serial bus (USB) port, other forms of computer-readable media, or
      any
      combination thereof. On an interconnected set of LANs, including those based
      on
      differing architectures and protocols, a router acts as a link between LANs,
      enabling messages to be sent from one to another. In addition, communication
      links within LANs typically include twisted wire pair or coaxial cable, while
      communication links between networks may utilize analog telephone lines, full
      or
      fractional dedicated digital lines including T1, T2, T3, and T4, Integrated
      Services Digital Networks (ISDNs), Digital Subscriber Lines (DSLs), wireless
      links including satellite links, or other communications links. Furthermore,
      remote computers and other related electronic devices could be remotely
      connected to either LANs or WANs via a modem and temporary telephone link.
      In
      essence, network 105 includes any communication method by which information
      may
      travel between client device 102, SSD 104, and PSD 106. 

    


    [0024]
      The media used to transmit information in communication links as described
      above
      illustrates one type of computer-readable media, namely wired and/or wireless
      communication media. Generally, computer-readable media includes any media
      that
      can be accessed by a computing device. Computer-readable media may include
      computer storage media, communication media, or any combination thereof.
      Additionally, communication media typically embodies computer-readable
      instructions, data structures, program modules, or other data in a modulated
      data signal such as a carrier wave or other transport mechanism and includes
      any
      information delivery media. The terms "modulated data signal," and "carrier-wave
      signal" includes a signal that has one or more of its characteristics set or
      changed in such a manner as to encode information, instructions, data, and
      the
      like, in the signal. By way of example, communication media includes wired
      media
      such as twisted pair, coaxial cable, fiber optics, wave guides, and other wired
      media and wireless media such as acoustic, RF, infrared, and other wireless
      media. 

    


    [0025]
      SSD 104 may include any computing device capable of connecting to network 105
      to
      communicate information to client device 102, such as a streamed application.
      Devices that may operate as SSD 104 include personal computers desktop
      computers, multiprocessor systems, microprocessor-based or programmable consumer
      electronics, network PCs, servers, and the like. SSD 104 and client device
      102
      can be arranged in a client-server relationship relative to each other. Client
      device 102 can also be combined with SSD 104 in virtually any other computing
      architecture, including, but not limited to a peer-to-peer architecture, and
      the
      like, without departing from the scope of the present invention. 

    


    [0026]
      Similarly, PSD 106 may also include virtually any computing device capable
      of
      connecting to network 105 to communicate information to client device 102,
      such
      as a patch to an application streamed from SSD 104. Devices that may operate
      as
      SSD 104 include personal computers desktop computers, multiprocessor systems,
      microprocessor-based or programmable consumer electronics, network PCs, servers,
      and the like. Although FIG. 1 illustrates SSD 104 and PSD 106 as distinct
      devices, the invention is not so limited. For example, PSD 106 and SSD 104
      may
      co-exist as a single computing device configured to provide both the streamed
      application and the patch to the application. 

    


    Illustrative
      Client Environment 

    


    [0027]
      FIG. 2 shows a functional block diagram of client device 200, according to
      one
      embodiment of the invention. For example, client device 200 can comprise client
      device 102 of FIG. 1. Client device 200 may include many more or less components
      than those shown. For example, client device 200 may be configured similar
      to a
      `semi-thin client,` with limited storage and application execution capability.
      The components shown, however, are sufficient to disclose an illustrative
      embodiment for practicing the invention. 


    
      
        
        

      

      
        19

        
          

        

      

      
        
        

      

    


    [0028]
      Client device 200 includes a processing unit 212, a video display adapter 214,
      and a mass memory, all in communication with each other via a bus 222. The
      mass
      memory generally includes RAM 216, ROM 232, and one or more permanent mass
      storage devices, such as an optical drive 226, a hard disk drive 228, a tape
      drive, and/or a floppy disk drive. However, client device 200 need not include
      such mass storage devices and may operate substantially similar to a semi-thin
      client device, receiving applications across a network. The mass memory may
      store an operating system 220 for controlling the operation of client device
      200. Any general-purpose operating system may be employed. Similarly, a
      proprietary operating system may also be employed. A basic input/output system
      ("BIOS") 218 is provided for controlling low-level operation of client device
      200. As illustrated in FIG. 2, client device 200 can communicate with the
      Internet, or some other communications network, such as network 105 of FIG.
      1,
      via a network interface unit 210, which may be constructed for use with any
      of
      variety of communication protocols including, but not limited to, transmission
      control protocol/Internet protocol (TCP/IP), UDP/IP, HTTP, RTSP, and the like.
      Network interface unit 210 is sometimes known as a transceiver, transceiving
      device, network interface card (NIC), and the like. Client device 200 also
      includes input/output interface 224 for communicating with external devices,
      such as a mouse, keyboard, scanner, or other input devices not shown in FIG.
      2.


    


    [0029]
      Client device 200 may include a simple mail transfer protocol (SMTP) handler
      application for transmitting and receiving email. Client device 200 may also
      include a hypertext transfer protocol (HTTP) handler application for receiving
      and handing HTTP requests, and an HTTP secure sockets (HTTPS) handler
      application for handling secure connections. The HTTPS handler application
      may
      initiate communication with an external application in a secure fashion.
      Similarly, client device 200 may include a client application configured to
      manage a request for and a receipt of a streamed application. 

    


    [0030]
      The mass memory as described above illustrates another type of computer-readable
      media, namely computer storage media. Computer storage media may include
      volatile, nonvolatile, removable, and non-removable media implemented in any
      method or technology for storage of information, such as computer readable
      instructions, data structures, program modules, or other data. Examples of
      computer storage media include RAM, ROM, EEPROM, flash memory, or other memory
      technology, CD-ROM, digital versatile disks (DVD), or other optical storage,
      magnetic cassettes, magnetic tape, magnetic disk storage, or other magnetic
      storage devices, or any other medium which can be used to store the desired
      information and which can be accessed by a computing device. 

    


    [0031]
      The mass memory also stores program code and data. One or more applications
      250
      are loaded into mass memory and run on operating system 220. Examples of
      application programs include email programs, schedulers, calendars, web
      services, security applications, transcoders, database programs, word processing
      programs, spreadsheet programs, and so forth. Mass storage may further include
      applications such as installer 252, patcher 254, and streamed content 256.
      

    


    [0032]
      Streamed content 256 may include data for a streamed application received over
      a
      network using a streaming mechanism. Streamed content 256 may also include
      at
      least one patch of the streamed application. In one embodiment streamed content
      256 is configured into streamed file segments that are of predefined lengths.
      Allocation of a file segment may be made prior to streaming of the actual
      packets for that particular file segment. As such, an allocated file segment
      with streamed content 256 may initially include an empty region.



    
      
        
        

      

      
        20

        
          

        

      

      
        
        

      

    

    


    [0033]
      Briefly, installer 252 includes any application configured to enable a delivery
      and playback of a streamed application, whether the streamed application
      includes video, audio, animation, 3-D, a panoramic image, game, or the like.
      Installer 252 may be configured to receive in a packet stream an initial
      package, which may include information about the streamed application. Such
      information may include, for example, a list of files that comprise the streamed
      application, a path name or link to each file, file identifiers associated
      with
      each file in the list, a size of each file, and so forth. 

    


    [0034]
      Installer 252 may be configured to employ the received information to generate
      at least one file segment into which at least a portion of the streamed
      application is to be received. As more streamed packets are received, installer
      252 may enable writing of additional portions of the streamed application into
      the at least one file segment. Although not shown, installer 252 may include
      a
      download component that is configured to enable the additional writes of the
      streamed application. Additionally, installer 252 may also include a predictor
      component that enables a determination as to which portion of the streamed
      application may be employed next during execution of the streamed application,
      and make an appropriate request for that portion. 

    


    [0035]
      Patcher 254 may be invoked by installer 252, by the streamed application, or
      even another application (not shown), to enable a delivery of a patch of the
      streamed application. In one embodiment, patcher 254 is a third party
      application that may be obtained through a network connection, be loaded as
      a
      file segment within a portion of the streamed application, and the like.


    


    [0036]
      Patcher 254 may be configured to negotiate a communication with a network device
      for receipt of the patch. Patcher 254 may operate to write the patch into
      streamed content 256 at a predefined location regardless of whether streaming
      manager 252 has yet streamed content to that location. Patcher 254 may enable
      the patched section to be marked as an authoritative region. In one embodiment,
      patcher 254 may employ a device driver to so mark the patched section. Once
      the
      section is so marked, installer 252 is inhibited from writing into that section.
      In one embodiment, installer 254 and patcher 254 may employ a process
      substantially similar to process 300 described below in conjunction with FIG.
      3
      to automatically patch the streamed application. 

    


    Generalized
      Operation 

    


    [0037]
      The operation of certain aspects of the present invention will now be described
      with respect to FIGS. 3, and 4A-C. Briefly, FIG. 3 illustrates a logical flow
      diagram generally showing one embodiment of a process for streaming an automatic
      patching application. FIGS. 4A-C are used to show an illustrative example of
      one
      embodiment of a file segment of a streamed application during the automatic
      patching process of FIG. 3. 

    


    [0038]
      Process 300 shown in FIG. 3 may be implemented, for example, within client
      device 102 of FIG. 1. Process 300 is typically entered when it is determined
      that an automatic patching of a sparsely streamed application is to be
      performed. An initial package may be streamed that may include a file manifest,
      or the like. The file manifest typically includes, as described above, a list
      of
      files associated with the streamed application, along with length information
      for each of the files. 

    


    [0039]
      Process 300 then begins, after a start block, at block 302, where the length
      information is employed to allocate a file segment for a first file of the
      application to be streamed. In one embodiment, multiple file segments may be
      allocated at block 302. Each allocated file segment comprises an empty region
      specified by a range of addresses. FIG. 4A provides an illustrative example
      400A
      of one embodiment of empty file segment 402. 


    
      
        
        

      

      
        21

        
          

        

      

      
        
        

      

    


    [0040]
      Processing then proceeds to decision block 304, where a determination is made
      whether a there are any streamed application sections to be written. Where
      this
      is a first entry into process 300, it is anticipated that there is at least
      one
      application section to be written into the empty file segment. If there are
      no
      more application sections, processing returns to a calling process to perform
      other actions. However, if there are more application sections, processing
      continues to block 306, where the next streamed application section is received.
      

    


    [0041]
      Processing continues next to decision block 308 where a determination is made
      whether the received application section includes a range of addresses that
      conflicts with an authoritative section of the file segment. A conflict with
      the
      authoritative section of the file segment may be established whenever a patch
      section has been written into at least some of the address locations into which
      the received application section is also to be written. That is, there is a
      potential overlap in addresses. If there is not a conflict in the addresses,
      processing branches to block 310, where the next application section is written
      to the appropriate address locations of the file segment. This is illustrated
      in
      FIG. 4B by loaded section 404 within file segment 402. If however, there are
      conflicts with at least some of the addresses of the next application section
      and an authoritative section, processing branches to decision block 312.


    


    [0042]
      At
      decision block 312, a determination is made whether there is at least a portion
      of the next application section that does not conflict with an authoritative
      section. If there is at least some addresses of the next application section
      that does not conflict, processing continues to block 314, where the
      non-conflicting address locations of the next application section are written
      into the file segment. In one embodiment, a device driver is employed to manage
      the writing and prohibition of writing into the file segment. 

    


    [0043]
      If, however, all of the addresses associated with the next application section
      conflict with an authoritative section, then, none of the next application
      section is written into the file segment, and processing proceeds to decision
      block 316. Again, the device driver may be employed to prohibit the writing
      of
      the next application section into the file segment. 

    


    [0044]
      At
      decision block 316, a determination is made whether there is a patch to be
      received. Typically, upon loading of a sufficient section of a predefined file
      segment, the streamed application may execute. Upon execution the streamed
      application may initiate a patcher, link to a patch site, and the like. At
      this
      juncture, the determination may be made that there isn't a patch to be received
      for this file segment. If there isn't a patch to be received, processing loops
      back to decision block 304. Otherwise, if there is a patch to be received,
      processing proceeds to block 318, where the patch is received, and written
      at an
      appropriate address location(s) within the file segment. During a writing of
      the
      patch, a section of the empty region of the file segment may be read by the
      patcher. This section may be loaded on-demand, for example, employing a normal
      redirector type of functionality. It is noted that a patch may actually exceed
      the addresses allocated for the file segment. In this instance, the patch then
      extends the end of file marker address location for the file segment by an
      appropriate length. In any event, the patch is authorized to be written to
      virtually any section of a file segment, whether or not that segment has already
      been loaded with an application section. Processing then proceeds to block
      320,
      where the patch section is marked an authoritative section within the file
      segment. In one embodiment, a device driver, and the like, may be employed
      to so
      mark the patch section as authoritative. When the patcher writes to a section
      of
      the file segment, regardless of whether it has been previously written to with
      an application section, the original file-set `layer` becomes marked as
      authoritative. This may be seen in FIG. 4C, where authoritative section 406
      has
      been so marked within file segment 402. This means that a next application
      section may not be written into that section any longer. This is illustrated
      in
      FIG. 4D. As shown in the figure, streamed application section 408 extends into
      at least a portion of authoritative section 406. As described above, decision
      block 308, 312, and block 314, enable at least a portion of streamed application
      section 408 to be written into file segment 402. This portion is illustrated
      by
      loaded section 410. 


    
      
        
        

      

      
        22

        
          

        

      

      
        
        

      

    


    [0045]
      Upon completing block 320, processing loops back to decision block 302 to
      receive more application sections and/or patch sections, until there are no
      more
      to be written. Process 300 may be applied for an arbitrary number of patch
      sections, within authoritative sections growing, coalescing, and/or truncating
      as necessary. 

    


    [0046]
      Upon completion of process 300, the process returns to a calling process to
      perform other actions. For example, in one embodiment, once a file segment
      that
      has been patched has been completely streamed, it may be hashed. Its hash-value
      may be compared against a predefined hash-value associated with that file
      segment in a patch file-set meta-data, in a file manifest, and the like.


    


    [0047]
      Process 300, above, may be viewed as composed of two sub-processes, a streaming
      application sub-process and an authoritative or patching sub-process. The
      authoritative or patching sub-process of process 300 may be viewed as including
      blocks 316, 317, and 320. The streaming application sub-process may be viewed
      as
      including the remaining blocks of process 300. Although illustrated as an
      integrated process, the invention is not so limited. For example, the
      sub-processes may be configured to operate substantially independent of each
      other. 

    


    [0048]
      It
      will also be understood that each block of the flowchart illustrations discussed
      above, and combinations of blocks in the flowchart illustrations above, can
      be
      implemented by computer program instructions. These program instructions may
      be
      provided to a processor to produce a machine, such that the instructions, which
      execute on the processor, create means for implementing the operations indicated
      in the flowchart block or blocks. The computer program instructions may be
      executed by a processor to cause a series of operational steps to be performed
      by the processor to produce a computer-implemented process such that the
      instructions, which execute on the processor, provide steps for implementing
      the
      actions specified in the flowchart block or blocks. 

    


    [0049]
      Accordingly, blocks of the flowchart illustrations support combinations of
      means
      for performing the indicated actions, combinations of steps for performing
      the
      indicated actions and program instruction means for performing the indicated
      actions. It will also be understood that each block of the flowchart
      illustrations, and combinations of blocks in the flowchart illustrations, can
      be
      implemented by special purpose hardware-based systems, which perform the
      specified actions or steps, or combinations of special purpose hardware and
      computer instructions. 

    


    [0050]
      The above specification, examples, and data provide a complete description
      of
      the manufacture and use of the composition of the invention. Since many
      embodiments of the invention can be made without departing from the spirit
      and
      scope of the invention, the invention resides in the claims hereinafter
      appended.


    
      
        
        

      

      
        23

        
          

        

      

      
        
        

      

    


    SCHEDULE
      E

    


    PHANTOM
      GAME SERVICE LOGOS, TRADEMARKS BEING SOLD OUTRIGHT TO PHANTOM GAME SERVICE,
      INC.

     

     

    

      
        	
                Mark:

                Date:

              	 	
                Goods/Services:

              	 	
                Filing

              
	 	 	 	 	 
	
                BLACK KNIGHT

              	 	
                Entertainment
                  delivery services, namely, providing interactive computer gaming
                  network
                  that allows end-users to demo, rent, purchase and play computer
                  games, in
                  International Class 41.

              	 	
                July
                  7,

                2003

              
	 	 	 	 	 
	
                BLACKNIGHT

              	 	
                Entertainment
                  delivery services, namely, providing interactive computer gaming
                  network
                  that allows end-users to demo, rent, purchase and play computer
                  games, in
                  International Class 41.

              	 	
                August
                  13,

                2003
                  

              
	 	 	 	 	 
	
                PAY
                  PER PLAY

              	 	
                Entertainment
                  delivery services, namely, providing interactive computer gaming
                  network
                  that allows end-users to demo, rent, purchase and play computer
                  games, in
                  International Class 41.

              	 	
                August
                  13,

                2003
                  

              
	 	 	 	 	 
	
                VIRTUAL PRIVATE
                  

                GAME NETWORK

              	 	
                Entertainment
                  delivery services, namely, providing interactive computer gaming
                  network
                  that allows end-users to demo, rent, purchase and play computer
                  games, in
                  International Class 41.

              	 	
                August
                  13, 

                2003
                  

              


      

    

     

    
      
        
        

      

      
        24

        
          

        

      

      
        
        

      

    

     

    
      
        	
                VPGN

              	 	
                Entertainment
                  delivery services, namely, providing interactive computer gaming
                  network
                  that allows end-users to demo, rent, purchase and play computer
                  games, in
                  International Class 41.

              	 	
                August
                  13,

                2003

              
	 	 	 	 	 
	
                BUILT
                  BY GAMERS

                FOR
                  GAMERS

              	 	
                Entertainment
                  delivery services, namely, providing interactive computer gaming
                  network
                  that allows end-users to demo, rent, purchase and play computer
                  games, in
                  International Class 41.

              	 	
                August
                  13,

                2003

              
	 	 	 	 	 
	
                ANY
                  GAME, ANY TIME

              	 	
                Interactive
                  computer game consoles, in International Class 9; Entertainment
                  services,
                  namely, providing interactive computer gaming network that allows
                  end-users to demo, rent, purchase and play computer games, in
                  International Class 41.

              	 	
                March
                  5,

                2004

              


      

    

     

    
      
        
        

      

      
        25

        
          

        

      

      
        
        

      

    


    SCHEDULE
      F

    


    PHANTOM
      GAME SERVICE POWERPOINT AND MARKET RESEARCH

    


    Gartner
      Research

    


    SG
      Gaming

    


    Smith
      Geiger

    


    PSB –
      Penn, Schoen and Berland Associates, Inc

    


    Digital
      Mill

    


    DFC
      Intelligence

    


    SG
      Capital

    


    Baker


    
      
        
        

      

      
        26

        
          

        

      

      
        
        

      

    


    SCHEDULE
      G

    


    PHANTOM
      GAME SERVICE PUBLISHER AGREEMENTS

    


    SCHEDULE
      OF PUBLISHER ELECTRONIC FILE NAMES

    


    Atari_agreement_with_sigs_9-14-04

    


    Codemasters_contract_with_all_signs

    


    Eidos

    


    Eidos_SIGNATURES

    


    Enlight_contract

    


    Riverdeep_agreement_-_signed

    


    Vivendi_LOI_with_all_sigs_-_Vivendi_titles


    
      
        
        

      

      
        27

        
          

        

      

      
        
        

      

    


    SCHEDULE
      H

    


    Two-way
      Joint Right to use Trademarks Licensed from Phantom Entertainment, Inc. to
      PHANTOM GAME SERVICE, Inc.

    


    

    


    

     

    
      
        
          	
                  Mark:

                  Date:

                	 	
                  Goods/Services:

                	 	
                  Filing

                
	 	 	 	 	 
	
                  PHANTOM

                	 	
                  Interactive
                    computer game consoles, in International Class 9; Entertainment
                    services,
                    namely, providing interactive computer gaming network that allows
                    end-users to demo, rent, purchase and play computer games, in
                    International Class 41.

                	 	
                  July
                    7,

                  2003

                
	 	 	 	 	 
	
                  

                	 	
                  Interactive
                    computer game consoles, in International Class 9; Entertainment
                    services,
                    namely, providing interactive computer gaming network that allows
                    end-users to demo, rent, purchase and play computer games, in
                    International Class 41.

                	 	
                  July
                    8,

                  2003

                


        

      

    

     

    
      
        
        

      

      
        28

        
          

        

      

      
        
        

      

    


    

    


    
      	 	 	
              Interactive
                computer game consoles, in International
                Class 9.

            	 	
              August
                13,

              
                2003

              

            
	 	 	 	 	 
	  	 	
              
                Entertainment
                  services, namely, providing interactive computer gaming
                  network that allows end-users to demo, rent, purchase and play
                  computer
                  games, in International Class 41.

              

            	 	
              
                August
                  13, 

                2003

              

            


    


    
      
        
        

      

      
        29