Open Standard
| Autor | Vittorio Bertola |
| Páginas | 235-236 |
235
Open Standard
66 Open Standard
Vittorio Bertola
An open standard is a standard that is developed through open
processes and can be used and implemented by every interested
party under non-discriminating conditions, and if possible for free.
Different standardization organizations adopt different definitions
for the term, which generally agree about the fact that the standard
must have been developed through an open consensus process that
does not exclude or disadvantage any stakeholder but disagree on
the intellectual property licensing requirements. Under that aspect,
the definitions and the resulting policies can be broadly grouped
into two categories:
I. Definitions that require the standard and the related essential
intellectual property to be available for free, without requiring
negotiations with intellectual property holders or the payment
of royalties; this is for example the policy of the World Wide
Web Consortium (Dardailler, 2007; Weitzner, 2004);
II. Definition that requires the standard and the related essential
intellectual property to be available under “fair, reasonable
and non-discriminatory” (FRAND) licensing terms, which may
however include the payment of royalties and/or a discretionary
negotiation with the rights holder; this is for example the policy
of the ITU-T (ITU, 2005).
FRAND technologies can be a significant obstacle to projects
that do not have any amount of funding or do not have the legal
capabilities to deal with licensing negotiations, such as many open-
source projects.
The Internet Engineering Task Force “prefers” technologies which are
not subject to patents or whose patents are royalty-free but accepts
FRAND technologies if necessary (Bradner and Contreras, 2017).
A similar stance is taken by the European Union, whose definition
of open standard can be found in Annex II to Regulation 2015/2012
(EU Regulation, 2012); the European Commission has repeatedly
addressed the problems connected to a fair interpretation of the
FRAND concept (European Comission, 2017).
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