Apparatus and method for transmitting media using either network efficient protocol or a loss tolerant transmission protocol

Abstract

A method and apparatus for transmitting media from a node to one or more recipients over a network using either a network efficient protocol or a loss tolerant protocol. The method includes ascertaining at the node if media available for transmission is or will be consumed in real-time. When the media is or will be consumed in real-time and the condition on the network is not sufficient for the consumption of the media in real-time using the network efficient protocol, then the media is transmitted using the loss tolerant protocol. Alternatively, the media is transmitted using the network efficient protocol when the media is not or will not be consumed in real-time or the condition on the network is sufficient for the consumption of the media in real-time using the network efficient protocol. The apparatus, which may be either a communication device or server, implements the above-describe method.

1 .- 20 . (canceled) 
     
     
         21 . A method for transmitting media over a network comprising:
 transmitting the media over the network using a network efficient protocol when either (i) the media is not being consumed in real-time or (ii) the media is being consumed in real-time and the available bandwidth on the network is good enough to support a transmission rate suitable for the real-time consumption of the media using the network efficient protocol; or   transmitting the media over the network using a loss tolerant protocol when (iii) the media is being consumed in the real-time mode and (iv) the available bandwidth on the network is not good enough to support a transmission rate suitable for the real-time consumption of the media using the network efficient protocol.   
     
     
         22 . The method of  claim 21 , further comprising:
 ascertaining the available bandwidth on the network; and   transmitting the media using either the network efficient protocol or the loss tolerant protocol depending on the ascertained available bandwidth on the network.   
     
     
         23 . The method of  claim 21 , further comprising:
 identifying the media transmitted using the loss tolerant protocol; and   re-transmitting at least a portion of the identified media using the network efficient protocol when the bandwidth on the network is available.   
     
     
         24 . The method of  claim 23 , wherein re-transmitting at least a portion of the identified media comprises one of the following:
 (i) re-transmitting the identified media in full; or   (ii) re-transmitting only the media lost when transmitting using the loss tolerant protocol.   
     
     
         25 . The method of  claim 21 , wherein the loss tolerant protocol is UDP. 
     
     
         26 . The method of  claim 21 , wherein the network efficient protocol is TCP. 
     
     
         27 . The method of  claim 21 , wherein the network efficient protocol guarantees the delivery of the media over the network. 
     
     
         28 . The method of  claim 21 , further comprising:
 ascertaining the presence status of one or more recipients of the media; and   ascertaining if the transmitted media is to be consumed in real-time based on the presence status of the one or more recipients respectively.   
     
     
         29 . The method of  claim 21 , wherein the consumption of the media in real-time further comprises one of the following:
 (i) the rendering of the media “live” as the media is created and transmitted; or   (ii) the rendering of previously created and stored media streamed from storage.   
     
     
         30 . The method of  claim 21 , further comprising:
 defining the network efficient protocol as a default protocol when initially transmitting the media; and   switching the transmission of the media from the network efficient protocol to the loss tolerant protocol when:
 the media is or will be consumed in real-time; and 
 the available bandwidth on the network is not good enough to support the transmission of the media at a rate suitable for consumption in real-time using the network efficient protocol. 
   
     
     
         31 . The method of  claim 21 , further comprising:
 defining the loss tolerant protocol as a default protocol when initially transmitting the media; and   switching the transmission of the media from the loss tolerant protocol to the network efficient protocol when either:
 (i) the media is not being consumed in real-time; or 
 (ii) the media is being consumed in real-time and the available bandwidth on the network is good enough to support the transmission of the media at a rate suitable for consumption in real-time using the network efficient protocol. 
   
     
     
         32 . The method of  claim 21 , further comprising ascertaining the available bandwidth on the network by determining when a transmission buffer used for buffering the media for transmission exceeds a predetermined threshold or overflows during the transmission of the media. 
     
     
         33 . The method of  claim 21 , wherein the transmitted media consists of voice, video, still pictures, text, GPS or position data, sensor data, or any combination thereof. 
     
     
         34 . A communication device, comprising:
 a transmission element, the transmission element configured to:   transmit media over a network using a network efficient protocol when either (i) the media is not being consumed in real-time or (ii) the media is being consumed in real-time and the available bandwidth on the network is good enough to support a transmission rate suitable for the real-time consumption of the media using the network efficient protocol; or   transmit the media over the network using a loss tolerant protocol when the media is being consumed in the real-time mode and the available bandwidth on the network is not good enough to support a transmission rate suitable for the real-time consumption of the media using the network efficient protocol.   
     
     
         35 . The device of  claim 34 , wherein the transmission element is further configured to:
 ascertain the available bandwidth on the network; and   transmit the media using either the network efficient protocol or the loss tolerant protocol depending on the ascertained available bandwidth on the network.   
     
     
         36 . The device of  claim 34 , wherein the transmission element is further configured to:
 identify the media transmitted using the loss tolerant protocol; and   re-transmit at least a portion of the identified media using the network efficient protocol when the bandwidth on the network is available.   
     
     
         37 . The device of  claim 36 , wherein the transmission element, when re-transmitting the at least a portion of the identified media, is further configured to:
 (i) re-transmit the identified media in full; or   (ii) re-transmit only the media lost when transmitting using the loss tolerant protocol.   
     
     
         38 . The device of  claim 34 , wherein the loss tolerant protocol is UDP. 
     
     
         39 . The device of  claim 34 , wherein the network efficient protocol is TCP. 
     
     
         40 . The device of  claim 34 , wherein the network efficient protocol guarantees the delivery of the media over the network. 
     
     
         41 . The device of  claim 34 , wherein the transmission element is further configured to:
 ascertain the presence status of one or more recipients of the media; and   ascertain if the transmitted media is to be consumed in real-time based on the presence status of the one or more recipients respectively.   
     
     
         42 . The device of  claim 34 , wherein the consumption of the media in real-time further comprises one of the following:
 (i) the rendering of the media “live” as the media is created and transmitted; or   (ii) the rendering of previously created and stored media streamed from storage.   
     
     
         43 . The device of  claim 34 , wherein the transmission element is further configured to:
 define the network efficient protocol as a default protocol when initially transmitting the media; and   switch the transmission of the media from the network efficient protocol to the loss tolerant protocol when:
 the media is or will be consumed in real-time; and 
 the available bandwidth on the network is not good enough to support the transmission of the media at a rate suitable for consumption in real-time using the network efficient protocol. 
   
     
     
         44 . The device of  claim 34 , wherein the transmission element is further configured to:
 define the loss tolerant protocol as a default protocol when initially transmitting the media; and   switch the transmission of the media from the loss tolerant protocol to the network efficient protocol when either:
 (i) the media is not being consumed in real-time; or 
 (ii) the media is being consumed in real-time and the available bandwidth on the network is good enough to support the transmission of the media at a rate suitable for consumption in real-time using the network efficient protocol. 
   
     
     
         45 . The device of  claim 34 , wherein the transmission element is further configured to ascertain the available bandwidth on the network by determining when a transmission buffer used for buffering the media for transmission exceeds a predetermined threshold or overflows during the transmission of the media. 
     
     
         46 . The device of  claim 34 , wherein the transmitted media consists of voice, video, still pictures, text, GPS or position data, sensor data, or any combination thereof. 
     
     
         47 . The device of  claim 34 , wherein the device comprises one of the following: a cellular phone, a mobile phone, a land-line phone, a PTT radio, a satellite radio, a desktop computer, a mobile computer, a wired communication device, a wireless communication device or a server. 
     
     
         48 . A communication application embedded in a non-transient computer readable medium and intended to run on a communication device, the application comprising:
 a transmission module, the transmission module configured to:   transmit media over a network using a network efficient protocol when either (i) the media is not being consumed in real-time or (ii) the media is being consumed in real-time and the available bandwidth on the network is good enough to support a transmission rate suitable for the real-time consumption of the media using the network efficient protocol; or   transmit the media over the network using a loss tolerant protocol when (iii) the media is being consumed in the real-time mode and (iv) the available bandwidth on the network is not good enough to support a transmission rate suitable for the real-time consumption of the media using the network efficient protocol.   
     
     
         49 . The application of  claim 48 , wherein the transmission module is further configured to:
 ascertain the available bandwidth on the network; and   transmit the media using either the network efficient protocol or the loss tolerant protocol depending on the ascertained available bandwidth on the network.   
     
     
         50 . The application of  claim 48 , wherein the transmission module is further configured to:
 identify the media transmitted using the loss tolerant protocol; and   re-transmit at least a portion of the identified media using the network efficient protocol when the bandwidth on the network is available.   
     
     
         51 . The application of  claim 50 , wherein the transmission module, when re-transmitting the at least a portion of the identified media, is further configured to:
 (i) re-transmit the identified media in full; or   (ii) re-transmit only the media lost when transmitting using the loss tolerant protocol.   
     
     
         52 . The application of  claim 48 , wherein the loss tolerant protocol is UDP. 
     
     
         53 . The application of  claim 48 , wherein the network efficient protocol is TCP. 
     
     
         54 . The application of  claim 48 , wherein the network efficient protocol guarantees the delivery of the media over the network. 
     
     
         55 . The application of  claim 48 , wherein the transmission module is further configured to:
 ascertain the presence status of one or more recipients of the media; and   ascertain if the transmitted media is to be consumed in real-time based on the presence status of the one or more recipients respectively.   
     
     
         56 . The application of  claim 48 , wherein the consumption of the media in real-time further comprises one of the following:
 (i) the rendering of the media “live” as the media is created and transmitted; or   (ii) the rendering of previously created and stored media streamed from storage.   
     
     
         57 . The application of  claim 48 , wherein the transmission module is further configured to:
 define the network efficient protocol as a default protocol when initially transmitting the media; and   switch the transmission of the media from the network efficient protocol to the loss tolerant protocol when:
 the media is or will be consumed in real-time; and 
 the available bandwidth on the network is not good enough to support the transmission of the media at a rate suitable for consumption in real-time using the network efficient protocol. 
   
     
     
         58 . The application of  claim 48 , wherein the transmission module is further configured to:
 define the loss tolerant protocol as a default protocol when initially transmitting the media; and   switch the transmission of the media from the loss tolerant protocol to the network efficient protocol when either:
 (i) the media is not being consumed in real-time; or 
 (ii) the media is being consumed in real-time and the available bandwidth on the network is good enough to support the transmission of the media at a rate suitable for consumption in real-time using the network efficient protocol. 
   
     
     
         59 . The application of  claim 48 , wherein the transmission module is further configured to ascertain the available bandwidth on the network by determining when a transmission buffer used for buffering the media for transmission exceeds a predetermined threshold or overflows during the transmission of the media. 
     
     
         60 . The application of  claim 48 , wherein the transmitted media consists of voice, video, still pictures, text, GPS or position data, sensor data, or any combination thereof.