The +Digistan definition of a free and open standard reads like this:
+ ++ ++ +The Digital Standards Organization defines free and open standard +as follows:
+ ++ +
+ +- A free and open standard is immune to vendor capture at all stages +in its life-cycle. Immunity from vendor capture makes it possible to +freely use, improve upon, trust, and extend a standard over time.
+ +- The standard is adopted and will be maintained by a not-for-profit +organisation, and its ongoing development occurs on the basis of an +open decision-making procedure available to all interested +parties.
+ +- The standard has been published and the standard specification +document is available freely. It must be permissible to all to copy, +distribute, and use it freely.
+ +- The patents possibly present on (parts of) the standard are made +irrevocably available on a royalty-free basis.
+ +- There are no constraints on the re-use of the standard.
+ +The economic outcome of a free and open standard, which can be +measured, is that it enables perfect competition between suppliers of +products based on the standard.
+
For a while now I have tried to figure out of Ogg Theora is a free +and open standard according to this definition. Here is a short +writeup of what I have been able to gather so far. I brought up the +topic on the Xiph advocacy mailing list +in +July 2009, for those that want to see some background information. +According to Ivo Emanuel Gonçalves and Monty Montgomery on that list +the Ogg Theora specification fulfils the Digistan definition.
+ +Free from vendor capture?
+ +As far as I can see, there is no single vendor that can control the +Ogg Theora specification. It can be argued that the +Xiph foundation is such vendor, but +given that it is a non-profit foundation with the expressed goal +making free and open protocols and standards available, it is not +obvious that this is a real risk. One issue with the Xiph +foundation is that its inner working (as in board member list, or who +control the foundation) are not easily available on the web. I've +been unable to find out who is in the foundation board, and have not +seen any accounting information documenting how money is handled nor +where is is spent in the foundation. It is thus not obvious for an +external observer who control The Xiph foundation, and for all I know +it is possible for a single vendor to take control over the +specification. But it seem unlikely.
+ +Maintained by open not-for-profit organisation?
+ +Assuming that the Xiph foundation is the organisation its web pages +claim it to be, this point is fulfilled. If Xiph foundation is +controlled by a single vendor, it isn't, but I have not found any +documentation indicating this.
+ +According to
+
Specification freely available?
+ +The specification for the Ogg +container format and both the +Vorbis and +Theora codeces are available on +the web. This are the terms in the Vorbis and Theora specification: + +
+ +Anyone may freely use and distribute the Ogg and [Vorbis/Theora] +specifications, whether in private, public, or corporate +capacity. However, the Xiph.Org Foundation and the Ogg project reserve +the right to set the Ogg [Vorbis/Theora] specification and certify +specification compliance. + ++ +
The Ogg container format is specified in IETF +RFC 3533, and +this is the term:
+ +
+ ++ +This document and translations of it may be copied and furnished to +others, and derivative works that comment on or otherwise explain it +or assist in its implementation may be prepared, copied, published and +distributed, in whole or in part, without restriction of any kind, +provided that the above copyright notice and this paragraph are +included on all such copies and derivative works. However, this +document itself may not be modified in any way, such as by removing +the copyright notice or references to the Internet Society or other +Internet organizations, except as needed for the purpose of developing +Internet standards in which case the procedures for copyrights defined +in the Internet Standards process must be followed, or as required to +translate it into languages other than English.
+ +The limited permissions granted above are perpetual and will not be +revoked by the Internet Society or its successors or assigns.
+
All these terms seem to allow unlimited distribution and use, an +this term seem to be fulfilled. There might be a problem with the +missing permission to distribute modified versions of the text, and +thus reuse it in other specifications. Not quite sure if that is a +requirement for the Digistan definition.
+ +Royalty-free?
+ +There are no known patent claims requiring royalties for the Ogg +Theora format. +MPEG-LA +and +Steve +Jobs in Apple claim to know about some patent claims (submarine +patents) against the Theora format, but no-one else seem to believe +them. Both Opera Software and the Mozilla Foundation have looked into +this and decided to implement Ogg Theora support in their browsers +without paying any royalties. For now the claims from MPEG-LA and +Steve Jobs seem more like FUD to scare people to use the H.264 codec +than any real problem with Ogg Theora. + +
No constraints on re-use?
+ +I am not aware of any constraints on re-use.
+ +Conclusion
+ +3 of 5 requirements seem obviously fulfilled, and the remaining 2 +depend on the governing structure of the Xiph foundation. Given the +background report used by the Norwegian government, I believe it is +safe to assume the last two requirements are fulfilled too, but it +would be nice if the Xiph foundation web site made it easier to verify +this.
+ +It would be nice to see other analysis of other specifications to +see if they are free and open standards.
+