The patent, filed with the US Patent & Trademark Office and posted online, is long-winded and full of legalese. However, one paragraph outlines perfectly how the above application would be permissible.
The technology, briefly described, is a content presentation system and method allowing content providers to regulate the presentation of content on a per-user-view basis. Content is distributed to consuming devices, such as televisions, set-top boxes and digital displays, with an associated license option on the number of individual consumers or viewers allowed to consume the content. The limitation may comprise a number of user views, a number of user views over time, a number of simultaneous user views, views tied to user identities, views limited to user age or any variation or combination thereof, all tied to the number of actual content consumers allowed to view the content. Consumers are presented with a content selection and a choice of licenses allowing consumption of the content.
In addition to simply counting numbers and times viewed, this technology could allow for Microsoft to collect data on who is viewing the content, which could incorporate some form of facial recognition software. This could lead to the scenario whereby you are permitted to view a movie based on the licensing agreement, however your friend is not. Attempting to watch the movie with your friend would result in a prompt that requires you to pay an additional fee to grant them a viewing license. How the fees would be determined and enforced is unclear, but it’s an unsettling prospect to say the least. Privacy advocates will not take kindly to this, however it is likely that consumers will be required to waive certain privacy rights in order to purchase and enjoy their entertainment media.