Editing Open standard (section)

=== By legislative or governmental bodies ===

==== European Interoperability Framework for Pan-European eGovernment Services ====
The [[European Union]] defined the term for use within its European Interoperability Framework for Pan-European eGovernment Services, Version 1.0<ref>[http://ec.europa.eu/idabc/servlets/Docd552.pdf?id=19529 European Interoperability Framework for pan-European eGovernment Services], Version 1.0 (2004) {{ISBN|92-894-8389-X}} page 9</ref> although it does not claim to be a universal definition for all [[European Union]] use and documentation.

<blockquote>
To reach interoperability in the context of pan-European eGovernment services, guidance needs to focus on open standards.
</blockquote>

The word "open" is here meant in the sense of fulfilling the following requirements:
<blockquote>
* The standard is adopted and will be maintained by a not-for-profit organization, and its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties (consensus or majority decision etc.).
* The standard has been published and the standard specification document is available either freely or at a nominal charge. It must be permissible to all to copy, distribute and use it for no fee or at a nominal fee.
* The intellectual property – i.e. patents possibly present – of (parts of) the standard is made irrevocably available on a [[royalty-free]] basis.
* There are no constraints on the re-use of the standard<ref>{{citation |url=http://ec.europa.eu/idabc/servlets/Docd552.pdf?id=19529 |format=PDF |title=European Interoperability Framework for pan-European eGovernment Services |author=European Communities |year=2004 |access-date=2016-02-09}}</ref>
</blockquote>

==== Network Centric Operations Industry Consortium definition ====
The [[Network Centric Operations Industry Consortium]] (NCOIC) defines open standard as the following:
<blockquote>Specifications for hardware and/or software that are publicly available implying that multiple vendors can compete directly based on the features and performance of their products. It also implies that the existing open system can be removed and replaced with that of another vendor with minimal effort and without major interruption.<ref>{{usurped|1=[https://web.archive.org/web/20051230055753/http://www.ncoic.org/home Network Centric Operations Industry Consortium]}}, {{citation |url=http://wiki.ncoic.net/index.php?title=Open_Standards |title=NCOIC Lexicon}}, 2008</ref>
</blockquote>

==== Danish government definition ====
The [[Danish government]] has attempted to make a definition of open standards,<ref>{{cite web|url=http://www.itst.dk/it-arkitektur-og-standarder/standardisering/Tekniske-standarder/arkiv/oio-kataloget-arkiv-version/Definition_of_open_standards.pdf|title="Definitions of Open Standards", 2004|website=itst.dk|access-date=18 March 2018}}</ref> 
which also is used in pan-European software development projects. It states:

<blockquote>
* An open standard is accessible to everyone free of charge (i.e. there is no discrimination between users, and no payment or other considerations are required as a condition of use of the standard)
* An open standard of necessity remains accessible and free of charge (i.e. owners renounce their options, if indeed such exist, to limit access to the standard at a later date, for example, by committing themselves to openness during the remainder of a possible patent's life)
*An open standard is accessible free of charge and documented in all its details (i.e. all aspects of the standard are transparent and documented, and both access to and use of the documentation is free)
</blockquote>

==== French law definition ====
The [[French Parliament]] approved a definition of "open standard" in its "Law for Confidence in the Digital Economy."<ref>{{cite web|url=https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000801164&dateTexte=&categorieLien=id|title="Loi nº 2004-575" for the Confidence in the Digital Economy," June 21, 2004|website=legifrance.gouv.fr|access-date=18 March 2018}}</ref> The definition is (Article 4):

<blockquote>
* By open standard is understood any communication, interconnection or interchange protocol, and any interoperable data format whose specifications are public and without any restriction in their access or implementation.
</blockquote>

==== Indian Government Definition ====

A clear [[royalty-free]] stance and far reaching requirements case is the one for [[India's Government]]<ref name="Policy in India">{{cite web|last1=Government of India|title=Policy on Open Standards for e-Governance|url=https://egovstandards.gov.in/sites/default/files/Published_Policy_Framework_Document/Policy%20on%20Open%20Standards%20for%20e-Governance.pdf|access-date=25 July 2014|ref=india}}</ref>

<blockquote>
'''4.1 Mandatory Characteristics'''
An Identified Standard will qualify as an "Open Standard", if it meets the following criteria:
*4.1.1 Specification document of the Identified Standard shall be available with or without a nominal fee.
* 4.1.2 The Patent claims necessary to implement the Identified Standard shall be made available on a Royalty-Free basis for the lifetime of the Standard.
* 4.1.3 Identified Standard shall be adopted and maintained by a not-for-profit organization, wherein all stakeholders can opt to participate in a transparent, collaborative and consensual manner.
* 4.1.4 Identified Standard shall be recursively open as far as possible.
* 4.1.5 Identified Standard shall have technology-neutral specification.
* 4.1.6 Identified Standard shall be capable of localization support, where applicable, for all Indian official Languages for all applicable domains.
</blockquote>

==== Italian Law definition ====

Italy has a general rule for the entire public sector dealing with Open Standards, although concentrating on data formats, in Art. 68 of the Code of the Digital Administration (''Codice dell'Amministrazione Digitale'')<ref>{{cite web|title=Art. 68 CAD|url=http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-03-07;82!vig=|access-date=25 July 2014}}</ref>

<blockquote>

[applications must] allow representation of data under different formats, at least one being an open data format.

[...]

[it is defined] an open data format, a data format which is made public, is thoroughly documented and neutral with regard to the technological tools needed to peruse the same data.
</blockquote>

==== New Zealand official interoperability framework definition ====
The [[E-Government Interoperability Framework]] (e-GIF) <ref>{{cite web|url=http://www.e.govt.nz/standards/e-gif/e-gif-v-3-1/policy/e-gif-v-3-1-policy.pdf|title="New Zealand E-Government Interoperability Framework (e-GIF)" version 3.0, June, 22nd 2007|website=e.govt.nz|access-date=18 March 2018|archive-date=16 October 2008|archive-url=https://web.archive.org/web/20081016002645/http://www.e.govt.nz/standards/e-gif/e-gif-v-3-1/policy/e-gif-v-3-1-policy.pdf|url-status=dead}}</ref> defines open standard as royalty-free according to the following text:

<blockquote>
While a universally agreed definition of "open standards" is unlikely to be
resolved in the near future, the e-GIF accepts that a definition of "open standards"
needs to recognise a continuum that ranges from closed to open, and encompasses
varying degrees of "openness." To guide readers in this respect, the e-GIF
endorses "open standards" that exhibit the following properties:

* Be accessible to everyone free of charge: no discrimination between users, and no payment or other considerations should be required as a condition to use the standard.
* Remain accessible to everyone free of charge: owners should renounce their options, if any, to limit access to the standard at a later date.
* Be documented in all its details: all aspects of the standard should be transparent and documented, and both access to and use of the documentation should be free.

The e-GIF performs the same function in e-government as the Road Code does on
the highways. Driving would be excessively costly, inefficient, and ineffective if
road rules had to be agreed each time one vehicle encountered another.
</blockquote>

==== Portuguese law definition ====
The Portuguese Open Standards Law,<ref>{{Cite web |title=Law no. 36/2011, of June 21st |url=https://diariodarepublica.pt/dr/detalhe/lei/36-2011-670285 |access-date=2023-09-21 |website=diariodarepublica.pt}}</ref> adopted in 2011, demands the use of Open Standards, and is applicable to sovereign entities, central public administration services (including decentralized services and public institutes), regional public administration services and the public sector. In it, Open Standards are defined thus:

<blockquote>
a) Its adoption is fruit off an open decision process accessible to all interested parties;

b) The specifications document must have been freely published, allowing its copy, distribution and use without restrictions;

c) The specifications document cannot cover undocumented actions of processes;

d) The applicable intellectual property rights, including patents, have been made available in a full, irrevocable and irreversible way to the Portuguese State;

e) There are no restrictions to its implementation.
</blockquote>

==== Spanish law definition ====
A Law passed by the [[Spanish Parliament]]<ref>{{cite web|url=http://www.boe.es/boe/dias/2007/06/23/pdfs/A27150-27166.pdf|title="Ley 11/2007" of Public Electronic Access of the Citizens to the Public Services, June, 22nd 2007|website=boe.es|access-date=18 March 2018}}</ref> requires that all electronic services provided by the Spanish public administration must be based on open standards. It defines an open standard as royalty-free, according to the following definition (ANEXO Definiciones k):

<blockquote>
An open standard fulfills the following conditions:
* it is public, and its use is available on a free [gratis] basis, or at a cost that does not imply a difficulty for the user.
* its use is not subject to the payment of any intellectual [copyright] or industrial [patents and trademarks] property right.
</blockquote>

==== South African Government definition ====
The [[South African Government]] approved a definition in the "Minimum Interoperability Operating Standards Handbook" (MIOS).<ref>{{cite web|url=http://www.dpsa.gov.za/documents/egov/MIOSVer4_1_2007.pdf|title=Government of South Africa, MIOS Version 4.1 2007|website=dpsa.gov.za|access-date=18 March 2018}}</ref>

For the purposes of the MIOS, a standard shall be considered open if it meets all of these criteria. There are standards which we are obliged to adopt for pragmatic reasons which do not necessarily fully conform to being open in all respects. In such cases, where an open standard does not yet exist, the degree of openness will be taken into account when selecting an appropriate standard:

#it should be maintained by a non-commercial organization
#participation in the ongoing development work is based on decision-making processes that are open to all interested parties.
#open access: all may access committee documents, drafts and completed standards free of cost or for a negligible fee.
#It must be possible for everyone to copy, distribute and use the standard free of cost.
#The intellectual rights required to implement the standard (e.g.essential patent claims) are irrevocably available, without any royalties attached.
#There are no reservations regarding reuse of the standard.
#There are multiple implementations of the standard.

====UK government definition====
The [[UK government]]'s definition of open standards applies to software interoperability, data and document formats. The criteria for open standards are published in the "Open Standards Principles" policy paper and are as follows.<ref>Cabinet Office, [https://www.gov.uk/government/publications/open-standards-principles Open standards principles], published 9 April 2013, updated 5 April 2018</ref>
<blockquote>
#Collaboration – the standard is maintained through a collaborative decision-making process that is consensus based and independent of any individual supplier. Involvement in the development and maintenance of the standard is accessible to all interested parties.
#Transparency – the decision-making process is transparent, and a publicly accessible review by subject matter experts is part of the process.
#Due process – the standard is adopted by a specification or standardisation organisation, or a forum or consortium with a feedback and ratification process to ensure quality.
#Fair access – the standard is well documented, publicly available and free to use.
#Mature – completely developed, unless they are in the context of creating innovative solutions.
#Independent of platform, application and vendor – supported by the market with several implementations.
#Rights – rights essential to implementation of the standard, and for interfacing with other implementations which have adopted that same standard, are licensed on a royalty-free basis that is compatible with both open source and proprietary licensed solutions. These rights should be irrevocable unless there is a breach of licence conditions.
</blockquote>

The [[Cabinet Office]] in the UK recommends that [[Departments of the Government of the United Kingdom|government departments]] specify requirements using open standards when undertaking [[procurement]] exercises in order to promote interoperability and re-use, and avoid technological lock-in.<ref>Cabinet Office, [https://webarchive.nationalarchives.gov.uk/ukgwa/20110405235749mp_/http://www.ogc.gov.uk/documents/PPN_3_11_Open_Standards.pdf Procurement Policy Note – Use of Open Standards when specifying ICT requirements. Action Note 3/11 31 January 2011], archived by the [[The National Archives (United Kingdom)|National Archives]], accessed 28 August 2021</ref>

==== Venezuelan law definition ====
The [[Venezuelan Government]] approved a "free software and open standards law."<ref>{{Cite web |url=http://www.gobiernoenlinea.ve/docMgr/sharedfiles/Decreto3390.pdf |title="Decreto 3390" of Free Software and Open Standards, December, 23rd 2004 |access-date=2007-10-03 |archive-url=https://web.archive.org/web/20071109175406/http://www.gobiernoenlinea.ve/docMgr/sharedfiles/Decreto3390.pdf |archive-date=2007-11-09 |url-status=dead }}</ref> 
The decree includes the requirement that the Venezuelan public sector must use free software based on open standards, and includes a definition of open standard:

<blockquote>
Article 2: for the purposes of this Decree, it shall be understood as

k) Open standards: technical specifications, published and controlled by an organization in charge of their development, that have been accepted by the industry, available to everybody for their implementation in free software or other [type of software], promoting competitivity, interoperability and flexibility.
</blockquote>