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<td align="center">[http://eut.biks.dk/ Work in progress on 2nd edition.]</td>
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-<td align="center">([http://source.epfsug.biks.dk/?p=eut.git;a=blob;f=EDITING editing guide] and [http://source.epfsug.biks.dk/?p=eut.git;a=blob;f=TODO todo-list])</td>
+<td align="center">([http://source.epfsug.biks.dk/eut.git/tree/EDITING editing guide] and [http://source.epfsug.biks.dk/eut.git/tree/TODO todo-list])</td>
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= Preface =
-The study "''Ensuring utmost transparency -- Free Software and Open Standards under the Rules of Procedure of the European Parliament''" has been produced at the request of the Greens/EFA Group in the European Parliament by Carlo Piana<ref name="Carlo Piana">'''Carlo Piana''' is an Italian qualified attorney based in Milano, founder of [http://array.eu Array] and specializing in Information Technology Law. He also serves in the Editorial Committee of the Free and Open Source Software Law Review [http://www.ifosslr.org Ifosslr] {{cite web|title=Carlo Piana|url=http://en.wikipedia.org/wiki/Carlo_Piana|accessdate=14 October 2014}}</ref> and Ulf Öberg<ref name="Ulf Öberg">'''Ulf Öberg''' is Founder and Managing Partner of the law firm Öberg & Associés. He is specialised in EU and Competition law and has extensive trial experience before the EU Courts, Swedish courts and European Court of Human Rights. {{cite web|title=Ulf Öberg|url=http://www.obergassocies.eu/en/about-us/ulf-oberg|accessdate=14 October 2014}}</ref> under the supervision of Professor Douwe Korff<ref name="Douwe Korff">'''Professor Douwe Korff''' is an Associate of the [http://www.oxfordmartin.ox.ac.uk/people/578 Oxford Martin School] of the University of Oxford and a member of the cybersecurity working group of its Global Cybersecurity Capacity Centre; a [http://isp.yale.edu/douwe-korff Visiting Fellow] at Yale University (in its Information Society Project); and a [https://cihr.eu/people/ Fellow] of the Centre for Internet & Human Rights of the European University Viadrina in Berlin.</ref>.
+The study "''Ensuring utmost transparency -- Free Software and Open Standards under the Rules of Procedure of the European Parliament''" has been produced at the request of the Greens/EFA Group in the European Parliament by Carlo Piana<ref name="Carlo Piana">'''Carlo Piana''' is an Italian qualified attorney based in Milano, founder of [http://www.array.eu/ Array] and specializing in Information Technology Law. He also serves in the Editorial Committee of the Free and Open Source Software Law Review [http://www.ifosslr.org/ifosslr Ifosslr] {{cite web|title=Carlo Piana|url=http://en.wikipedia.org/wiki/Carlo_Piana|accessdate=14 October 2014}}</ref> and Ulf Öberg<ref name="Ulf Öberg">'''Ulf Öberg''' is Founder and Managing Partner of the law firm Öberg & Associés. He is specialised in EU and Competition law and has extensive trial experience before the EU Courts, Swedish courts and European Court of Human Rights. {{cite web|title=Ulf Öberg|url=http://www.obergassocies.eu/en/about-us/ulf-oberg|accessdate=14 October 2014}}</ref> under the supervision of Professor Douwe Korff<ref name="Douwe Korff">'''Professor Douwe Korff''' is an Associate of the [http://www.oxfordmartin.ox.ac.uk/people/578 Oxford Martin School] of the University of Oxford and a member of the cybersecurity working group of its Global Cybersecurity Capacity Centre; a [http://isp.yale.edu/douwe-korff Visiting Fellow] at Yale University (in its Information Society Project); and a [https://cihr.eu/people/ Fellow] of the Centre for Internet & Human Rights of the European University Viadrina in Berlin.</ref>.
The study has been open for public review on euwiki.org from 15 October till 15 November 2014. Online support during the review period was provided by Jonatan Walck<ref name="Jonatan Walck">'''Jonatan Walck''' is a computer and computer networks specialist working with [https://web.archive.org/web/20141214070422/http://www.netnod.se/new-staff-netnod/ system administration and development of internet-connected services, hardware-software integration and electronics]. He is a founding member the Swedish non-profit [https://web.archive.org/web/20090923123947/http://juliagruppen.se/lang/en/om-juliagruppen/vi-ar-juliagruppen/ Juliagruppen] and a long term [https://web.archive.org/web/20130312211020/https://fscons.org/2012/people/jonatan-walck/ advocate for a free and open internet].</ref>.
@@ -24,7 +24,7 @@ The work of the authors is licensed under the [https://creativecommons.org/licen
The cover illustration is licensed under [https://creativecommons.org/licenses/by-sa/4.0/ Creative Commons Attribution-ShareAlike 4.0 International License]. The [http://audiovisual.europarl.europa.eu/AssetDetail.aspx?id=52c6e976-dd19-4a10-a8f0-afebae7fddd8 original photo] used for the illustration is hosted by the European Parliament's Audiovisual Services for Media which also holds the copyright.
-Transformation, layout and visual design are licensed under [LICENCE]. The [http://source.epfsug.biks.dk/?p=eut.git source code] for the transformation is available on-line.
+Transformation, layout and visual design are licensed under [LICENCE]. The [http://source.epfsug.biks.dk/eut source code] for the transformation is available on-line.
The 1st edition of the study was published on the Greens/EFA website on 11 December 2014<ref>Web article "Free Software and Open Standards in the European Parliament", available at https://web.archive.org/web/20141230225627/http://www.greens-efa.eu/free-software-and-open-standards-in-the-european-parliament-13245.html</ref>.
@@ -342,7 +342,7 @@ On 18 March 2010, the Swedish Government presented its Bill (2009/10:175) on Pub
The survey shows that five central public sector bodies state that they have granted exclusive rights for one or more companies to re-use the respective bodies' documents. The questionnaire and interviews implemented by the Agency for Public Management show that several changes have taken place over the past year in terms of phasing out exclusive rights, if any. The survey shows, moreover, that there are unclear points regarding how the notion of "exclusive rights" (or "arrangements") should be defined. Based on the responses to the Agency's questionnaire survey, we find wide-ranging perceptions of differences between licensing agreements, on the one hand, and exclusive rights on the other. According to the Agency, there is substantial uncertainty regarding how the term "exclusive right" should be interpreted. The Swedish Agency for Public Management therefore draws the conclusion that it is imperative to define the terms "licensing agreement" and "exclusive right", and also to assist both central and local public sector bodies in their work of developing non-discriminatory licensing agreements.<ref>Statskontoret, A survey of exclusive rights or arrangements (2010:21), available at http://www.statskontoret.se/in-english/publications/2010/a-survey-of-exclusive-rights-or-arrangements/.</ref>
-It should be noted that in March 2012, the Swedish Competition Authority closed an investigation with regard to a possible abuse of a dominant position by the Swedish Patent and Registration Office (SPRO) regarding its Trademark register. The Swedish Patent and Registration Office (SPRO) started to offer from 2010 free access to the Trademark register to the downstream end-user market. Customers on the upstream wholesale market were offered more detailed data in different formats (so-called ''"register lifted data"'') for a one-time fee and then a yearly fee. Before 2010, SPRO had offered access to the database to end-users for a fee. The SPRO motivated the decision to eliminate the fee with that free access was within the public task assigned to it by the government. The complaining (incumbent) re-user alleged that it was likely it will be squeezed out of the market by SPRO offering a competing product for free.<ref>Björn Lundqvist and Ylva Forsberg (Stockholm University), Marc de Vries (Citadel Consulting) and Mariateresa Maggiolino (Bocconi), LAPSI 2.0 -- competition law issues position paper, available at http://www.lapsi-project.eu/sites/lapsi-project.eu/files/LAPSIcompetitionartikelDraftII-1.pdf; Elisabeth Eklund and Oscar Jansson, Lower fees for re-use of public sector information -- the PSI Directive and cases from the Swedish Competition Authority, available at http://www.worldservicesgroup.com/publications.asp?action=article&artid=4792; see also Björn Lundqvist, Marc de Vries, Emma Linklater och Liisa Rajala Malmgren, Business Activity and Exclusive Right in the Swedish PSI Act, Swedish Competition Authority, Uppdragsforskningsrapport 2011:2, available at http://www.konkurrensverket.se/upload/Filer/Trycksaker/Rapporter/uppdragsforskning/forsk_rap_2011-2.pdf.</ref>. This case shows that the underlying economic rationale for the PSI Directive can actually run counter the stated objective of fostering an Open Government.
+It should be noted that in March 2012, the Swedish Competition Authority closed an investigation with regard to a possible abuse of a dominant position by the Swedish Patent and Registration Office (SPRO) regarding its Trademark register. The Swedish Patent and Registration Office (SPRO) started to offer from 2010 free access to the Trademark register to the downstream end-user market. Customers on the upstream wholesale market were offered more detailed data in different formats (so-called ''"register lifted data"'') for a one-time fee and then a yearly fee. Before 2010, SPRO had offered access to the database to end-users for a fee. The SPRO motivated the decision to eliminate the fee with that free access was within the public task assigned to it by the government. The complaining (incumbent) re-user alleged that it was likely it will be squeezed out of the market by SPRO offering a competing product for free.<ref>Björn Lundqvist and Ylva Forsberg (Stockholm University), Marc de Vries (Citadel Consulting) and Mariateresa Maggiolino (Bocconi), LAPSI 2.0 -- competition law issues position paper, available at http://www.lapsi-project.eu/sites/lapsi-project.eu/files/LAPSIcompetitionartikelDraftII-1.pdf; Elisabeth Eklund and Oscar Jansson, Lower fees for re-use of public sector information -- the PSI Directive and cases from the Swedish Competition Authority, available at http://www.worldservicesgroup.com/publications.asp?action=article&artid=4792; see also Björn Lundqvist, Marc de Vries, Emma Linklater och Liisa Rajala Malmgren, Business Activity and Exclusive Right in the Swedish PSI Act, Swedish Competition Authority, Uppdragsforskningsrapport 2011:2, available at http://www.konkurrensverket.se/globalassets/publikationer/uppdragsforskning/forsk_rap_2011-2.pdf</ref>. This case shows that the underlying economic rationale for the PSI Directive can actually run counter the stated objective of fostering an Open Government.
== Does Openness mean "accessible"? ==
@@ -383,7 +383,7 @@ It is reasonable that the means and infrastructure to be used to achieve the goa
As soon as the radio broadcasting was shown to be a practical way to spread information, institutions found it convenient to use the radio channel to increase the outreach of their messages. When television came along, and become a widespread medium, that channel was also used, both directly and through facilitating reporting by the press. Because today Internet is one of the most used source of information, all institutions use the various communication avenues that Internet allows to increase, at exponential rates, access and feedback, including the European Parliament.
-Internet is a showcase of open standards, because as such Internet is nothing more than a collection of protocols one stacked upon the other.<ref>For an historical perspective of how Internet developed and was defined, see {{cite journal | author=Barry M. Leiner, Vinton G. Cerf, David D. Clark, Robert E. Kahn, Leonard Kleinrock, Daniel C. Lynch, Jon Postel, Larry G. Roberts, Stephen Wolff | title=A Brief History of Internet | year=2003 | url=http://www.isoc.org/internet/history/brief.shtml | accessdate= 25 July 2014}}</ref> so that information and services are exchanged between and through an arbitrary set of networks through common interfaces. It is hard to think of something more accessible and widely available and efficient. No doubt any openness must involve Internet distribution.
+Internet is a showcase of open standards, because as such Internet is nothing more than a collection of protocols one stacked upon the other.<ref>For an historical perspective of how Internet developed and was defined, see {{cite journal | author=Barry M. Leiner, Vinton G. Cerf, David D. Clark, Robert E. Kahn, Leonard Kleinrock, Daniel C. Lynch, Jon Postel, Larry G. Roberts, Stephen Wolff | title=A Brief History of Internet | year=2003 | url=http://www.internetsociety.org/internet/what-internet/history-internet/brief-history-internet | accessdate= 15 March 2015}}</ref> so that information and services are exchanged between and through an arbitrary set of networks through common interfaces. It is hard to think of something more accessible and widely available and efficient. No doubt any openness must involve Internet distribution.
But while it is true that Internet means a stack of protocols and interfaces, due to its anarchic and agnostic nature, it is possible that some of the chosen protocols are less easily available and widespread. In theory, parties can agree upon proprietary protocols and still have a way to communicate. Privacy-aware protocols, like those enabling VPNs are just there for that, creating a privileged channel that excludes all others not part of the conversation. Encryption is a way to transmit a confidential message over a public channel, introducing a secret and private element that allows only those privy to something to make sense of the message.<ref>A good list of sources on cryptography and the problem it solves can be found at {{cite web|url=http://en.wikipedia.org/wiki/Cryptography|title=Cryptography|accessdate=9 December 2014}}</ref> On the other end of the spectrum are those protocols, widespread, available and unencumbered standards that any entity is able to intercept and interpret to the fullest without any kind of restriction, where nothing, being it a technical, economic or legal element, hindering the access to the message. This is one possible way of defining open standards. Which is the subject of the next section.
@@ -497,7 +497,7 @@ These are just samples to show how strong the debate on Open Standards is and wh
"RFCs" (shorthand for "Request For Comments") are specifications which do not qualify as ''de iure'' standards (standards adopted by internationally recognised standard setting bodies after a formal process"), but nonetheless are respected and complied with as if they were formal standards. RFCs which is one of the ways that many of the most used Internet protocols have born and evolve.
-RFCs are akin to formal standards, because an authoritative and documented source of normative and explanatory text exists. They have been adopted since the times of the ARPANET project ("Advanced Research Projects Agency Network" the initial network from which Internet originated) <ref>{{cite news|url=http://www.nytimes.com/2009/04/07/opinion/07crocker.html?_r=1&em |title=Stephen D. Crocker, '&#39;How the Internet Got Its Rules'&#39;, The New York Times, 6 April 2009 |publisher=Nytimes.com |date= April 7, 2009|accessdate=2014-07-25}}</ref> and evolved over the times. RFCs are now a body of standards collected and organised by the IETF (Internet Engineering Task Force)<ref>IETF (Internet Engineering Task Force) http://ietf.org/</ref> and by the less famous Internet Society<ref>Internet Society http://www.internetsociety.org/</ref>.
+RFCs are akin to formal standards, because an authoritative and documented source of normative and explanatory text exists. They have been adopted since the times of the ARPANET project ("Advanced Research Projects Agency Network" the initial network from which Internet originated) <ref>{{cite news | last=Crocker | first=Stephen D. | title=How the Internet Got Its Rules | newspaper=The New York Times | publisher=nytimes.com | date=6 April 2009 | url=http://www.nytimes.com/2009/04/07/opinion/07crocker.html | accessdate=2014-07-25}}</ref> and evolved over the times. RFCs are now a body of standards collected and organised by the IETF (Internet Engineering Task Force)<ref>IETF (Internet Engineering Task Force) http://www.ietf.org/</ref> and by the less famous Internet Society<ref>Internet Society http://www.internetsociety.org/</ref>.
They should not be underestimated, as they are at the foundation of some of the most important and widely used protocols, such as the protocols that make the Internet email system <ref>e.g., the IMAP Protocols, see among them {{cite web|title=IMAP protcol, RFC1064|url=http://tools.ietf.org/html/rfc1064|accessdate=25 July 2014}}</ref>
@@ -597,7 +597,7 @@ Copyright and data base protection require more in depth analysis.
=== Copyright ===
-Copyright is uniformly regulated across Europe, under the general umbrella of the Berne Convention, by the implementation at member states' level the "Copyright Directive" <ref>Directive 2001/29/EC of the European Parliament and of the Council [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML].</ref>. Fully analysing the working of copyright is beyond the scope of the research, as it is discussing the slight differences in the single Member States implementations, particularly in terms of exceptions to copyright.
+Copyright is uniformly regulated across Europe, under the general umbrella of the Berne Convention, by the implementation at member states' level the "Copyright Directive" <ref>Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22/06/2001 P. 0010 - 0019)</ref>. Fully analysing the working of copyright is beyond the scope of the research, as it is discussing the slight differences in the single Member States implementations, particularly in terms of exceptions to copyright.
Law texts are generally recognised as not bearing copyright. However, all preparatory works, studies, briefing papers, analyses and other documents can have a different status according to whom has prepared them and under which arrangement with the Parliament.
@@ -637,7 +637,7 @@ Formats for documents available for reuse
</ol>
</blockquote>
-While fully analysing the licensing of data goes beyond the scope of this study, and while the discussion on open standards also covers the ''way'' (or format) in which data are made available for non-intermediated consumption, we suggest that not only for transparency purpose, but in order to generally remove unnecessary confusion, that instead of '''licensing''' data, a '''waiver''' on database right is adopted as default legal release tool.<ref>One of the authors has explained this finding in {{cite web|title=FreeGIS.net Data Licence 1.0|url=https://freegis.net/documents/10157/14646/FreeGIS+data+licence+1?version=1.0}} [ITA], but see also {{cite web|last1=Morando|first1=Federico|title=http://leo.cineca.it/index.php/jlis/article/view/5461|url=http://leo.cineca.it/index.php/jlis/article/view/5461|accessdate=8 August 2014}}</ref>
+While fully analysing the licensing of data goes beyond the scope of this study, and while the discussion on open standards also covers the ''way'' (or format) in which data are made available for non-intermediated consumption, we suggest that not only for transparency purpose, but in order to generally remove unnecessary confusion, that instead of '''licensing''' data, a '''waiver''' on database right is adopted as default legal release tool.<ref>One of the authors has explained this finding in {{cite web|title=FreeGIS.net Data Licence 1.0|url=https://freegis.net/documents/10157/14646/FreeGIS+data+licence+1?version=1.0}} [ITA], but see also {{cite web|last1=Morando|first1=Federico|title=Legal Interoperability: Making Open (Government) Data Compatible with Businesses and Communities|url=http://leo.cineca.it/index.php/jlis/article/view/5461|accessdate=8 August 2014}}</ref>
= Practical applications =
@@ -658,7 +658,7 @@ The email system, which is basically made of two server components (one for send
* and the Internet Message Access Protocol (IMAP)<ref>http://tools.ietf.org/html/rfc3501</ref> and the Post Office Protocol (POP)<ref>http://tools.ietf.org/html/rfc1939</ref> for accepting, storing and making available the inbound message.
The client component can be a local application, installed on a computer, or a web application -- often referred to as ''"webmail"'' -- which offers retrieving, reading, composing and sending services that replicate those of the local application, without the need to locally download the message.
-Some providers have developed proprietary extensions to these protocols and services, probably the most popular is the MAPI protocol that links together the client Microsoft Outlook (and other clients that implement the protocol) with Microsoft Exchange Server<ref>{{cite web|url=http://msdn.microsoft.com/en-us/library/cc307725%28EXCHG.80%29.aspx|accessdate=7 October 2014|title=Exchange Server Protocols}}</ref>, but also Google's Gmail and Apple's Mail use proprietary protocols, especially for mobile consumption of the email services.
+Some providers have developed proprietary extensions to these protocols and services, probably the most popular is the MAPI protocol that links together the client Microsoft Outlook (and other clients that implement the protocol) with Microsoft Exchange Server<ref>{{cite web|url=https://msdn.microsoft.com/en-us/library/cc307725%28EXCHG.80%29.aspx|accessdate=15 March 2015|title=Exchange Server Protocols}}</ref>, but also Google's Gmail and Apple's Mail use proprietary protocols, especially for mobile consumption of the email services.
If for the outside world, using those proprietary client/server protocols makes very little difference, as the email is sent and received through standard protocols (although compliance with content and transport standards can vary), it is important that their adoption does not impair the ability of clients that do not implement them to access the email without impairment.