An "open standard" must not prohibit conforming implementations in open source software.
1. No Intentional Secrets: The standard MUST NOT withhold any detail necessary for interoperable implementation. As flaws are inevitable, the standard MUST define a process for fixing flaws identified during implementation and interoperability testing and to incorporate said changes into a revised version or superseding version of the standard to be released under terms that do not violate the OSR.
2. Availability: The standard MUST be freely and publicly available (e.g., from a stable web site) under royalty-free terms at reasonable and non-discriminatory cost.
3. Patents: All patents essential to implementation of the standard MUST:
* be licensed under royalty-free terms for unrestricted use, or
* be covered by a promise of non-assertion when practiced by open source software
4. No Agreements: There MUST NOT be any requirement for execution of a license agreement, NDA, grant, click-through, or any other form of paperwork to deploy conforming implementations of the standard.
5. No OSR-Incompatible Dependencies: Implementation of the standard MUST NOT require any other technology that fails to meet the criteria of this Requirement.
The Digistan definition of a free and open standard is based on the EU's EIF v1 definition of "open standard" with the language cleaned-up and made more explicit. Our analysis of the importance of vendor capture in determining the openness of a standard comes from this analysis.