What’s The Difference Between De Jure And De Facto Standards?

I looked up “de jure” on dictionary.com and saw a link for “What is soup de jure?” This is quite funny because “de jure” means “according to law.” So soup de jure is “soup of the law.” Actually, I’m sure the person meant to ask, “What is soup de jour?” which is “soup of the day.” Fortunately, though, there are no “standards de jour.” Standards enforce stability, eliminating day-to-day changes. Still, there is a difference between de jure standards and de facto standards.  

De Jure Versus De Facto

De jure standards, or standards according to law, are endorsed by a formal standards organization. The organization ratifies each standard through its official procedures and gives the standard its stamp of approval.

De facto standards, or standards in actuality, are adopted widely by an industry and its customers. They are also known as market-driven standards. These standards arise when a critical mass simply likes them well enough to collectively use them. Market-driven standards can become de jure standards if they are approved through a formal standards organization.

Formal standards organizations that create de jure standards have well-documented processes that must be followed. The processes can seem complex or even rigid. But they are necessary to ensure things like repeatability, quality, and safety. The standards organizations themselves may undergo periodic audits.

Organizations that develop de jure standards are open for all interested parties to participate. Anyone with a material interest can become a member of a standards committee within these organizations. Consensus is a necessary ingredient. Different organizations have different membership rules and definitions of consensus. For example, most organizations charge membership fees (always remember that standards development is not free), which vary quite a bit. And some organizations consider consensus to be a simple majority while others require 75% approval for a measure to pass.

Because of the processes involved, de jure standards can be slow to produce. Development and approval cycles can take time as each documented step is followed through the process. Achieving consensus, while important and good, can be a lengthy activity. This is especially apparent when not all members of the committee want the standard to succeed. For various reasons—often competitive business—participants in a committee are there to stall or halt the standard. However, once a de jure standard completes the entire process, the implementers and consumers of the standard gain a high level of confidence that it will serve their needs well.

De facto standards are brought about in a variety of ways. They can be closed or open, controlled or uncontrolled, owned by a few or by many, available to everyone or only to approved users. De facto standards can include proprietary and open standards alike.  

Proprietary Standards

Closed proprietary standards are owned by a single company. Only that company’s customers and partners are allowed to use them. Competitors are banned from implementing products that use closed proprietary standards. As a result, they greatly reduce interoperability. They can be developed quickly, though, and they’re generally well supported. They also can give a big boost to their owner’s business. Developing something that customers love and blocking the competition with a closed proprietary standard can bring in revenue galore.

Open proprietary standards also are owned by a single company, yet the company allows anyone to use them. Interoperability is enabled with open proprietary standards. There is usually some kind of license involved and possibly a fee that must be reasonable and non-discriminatory (RAND). The owning company is compelled to keep the standard well maintained and supported, which requires resources. This investment can pay off well because the company can stay one step ahead of its competitors by implementing its own standard first.

Open Source/Environment

The idea that many people working together in an open environment is better than a few people working behind closed doors is known as open source. The resulting product (usually software) is then made available to everyone for free. A single person or entity manages the evolution by gathering the many people’s input into a cohesive next version. This concept works for standards as well.

Open-source standards benefit from a general desire to make the standard successful. If individuals purposely try to damage the standard, their input will not be included in future versions. Because open-source standards are readily available with few restrictions, there is a risk of “forking.” The standard could diverge if people modify it into different forks to suit their separate products. The managing person or entity oversees the open-source standard’s evolution to maintain its integrity.

There are hybrids of these models out there. You can find standards that are licensed for high fees. There are standards that are created by a closed committee and then released to the public after the committee members have gotten a lead on implementing them. Some open-source standards are maintained by a committee instead of a single entity. There is even an organization that only allows new members to join if the existing members approve. The needs of the industry, geopolitical region, and/or the consumer dictate which model is most effective.

In the realm of standards creation, there really isn’t a single standard.

Discuss this Article 14

Rob
on Nov 22, 2012
This article contains much erroneous information. Space constrains my comments to the most egregious. "De Jure". Standards are not of the law at all. The standards described by the author are consensus standards of professional organizations. Some such standards are indeed incorporated into government laws or regulations, but most are not. Only when a governmental body formally adopts such standards do they become "de Jure". The author's assertion that some members of the standards writing organizations try to block changes in standards for competitive advantage is for the most part patently false. Several years ago, just such happened. The court judgement against the standards writing organization, in this case ASME, nearly bankrupted the organization. All legitimate standards writing organizations have extensive safeguards against this kind of thing happening. "De facto" standards are not standards at all. They can be manipulated by anyone who could gain by corrupting the standard. The comments by Alex are well taken. Wes likewise is correct in his analysis. Jeffrey sounds a bit of sour grapes. I have been active in consensus standards for close to 50 years now, and I have never seen the exclusionary tactics he describes. His shut-out friend may have had a wonderful idea, but the committee it was presented to had many competing considerations to ponder. I would hope electronic design would more carefully vet articles on obviously unfamiliar subjects in the future. Robin T. Harrison, P.E., J. D.
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Wes
on Nov 21, 2012
There are two different expressions that sound similar, de jour and de jure. The first one means 'of the day', and that is the one used with restaurant menus, etc. De jure is 'of the law', as you said, but its not the same as de jour. So its 'soup de jour' , not de jure. Anyway, some of the things you refer to as De Jure standards are more commonly referred to as consensus standards or voluntary standards, like those created by ASTM, IEEE, IEC, ISO, etc. These normally do not have any significant legal weight, other than what might occur under contract law when one party sells something that they say meets a standard, and the buyer wants to dispute that in court. In many cases, true legal standards, like those created by FDA, OSHA, OIML, etc, are somewhat different than these consensus standards. The two reals sometimes overlap when a regulatory body adopts a consensus standard, that's where things get tricky...
Rob
on Nov 24, 2012
Jeffrey, sounds like I touched a nerve. Just because I am an attorney doesn't mean I am completely unqualified to comment,on technical subjects. I am a registered professional engineer, two disciplines, and have two degrees in engineering, and have been a member of the ASA, SAE, ASTM, AIAA, AIP, for many years, and active in standards writing in several of them. OF COURSE there are attempts by proprietary interests to pervert the standards process, and I am sure some suceed. But every organization that I participate with has extensive safeguards against it happening. I am puzzled by your "open and good faith" remark. How are my comments less than open and in good faith? And are any demonstrably self-serving? 99futI wish I did have some influence to pedal, perhaps I could then profit from the many thousands of volunteer hours aI have spent working on standards-writing committees over the years. But I don't.
jeffl
on Nov 21, 2012
I would tend to find fault with the following statement of yours: "organizations that develop de jure standards are open for all interested parties to participate". In fact one of the biggest obstacles to innovation in many fields in both kinds of standards is that the meetings that determine such standards are frequently open only to "stakeholders", which is a term that is then interpreted quite narrowly to mean members of the cartel which DEFINES that industry who were lucky enough to be active in the field when the need arose to create the standard in the first place. The way I know this is I had a good friend who developed a terrific labor-saving piece of test equipment to do field testing for a particular type of avionics after it was already installed in the aircraft, and he died before he was able to persuade the "stakeholders" that there was indeed merit in saving time AT ALL, when there was already an entire industry making a very lucrative living TAKING that time (and likely wasting much of it) doing things the way they had CONVINCED EACH OTHER was "good enough" (since any "improvements" would succeed in reducing the stakeholders' profits). I'm just pointing this out lest anyone else make the "mistake" of wasting their life on the "assumption" you're encouraging that all you have to is "attend" some wonderful "open standards meeting" and everyone there will just automatically see the merit of whatever improvement you might happen to be pitching!
jeffl
on Nov 22, 2012
Robin, get real, you're an attorney! Attorneys are usually the first ones hired for exactly the purpose of defending the rights of the "stakeholders" or anyone else who feels they have an economic interest in preserving the "status quo". To have an attorney show up on a blog and declare in essence "I never heard of the vested interests using their influence to defend their financial concerns on a standards committee" is like one fox sating he's never seen another fox hanging around the henhouse! For example Intel clearly was preserving their interests by participating in the committee that developed the Wi-Fi standard then patenting the Celeron concept which incorporates it. This doesn't always mean that patents are always part of the issue but they frequently are. To deny that this happens is virtually to ignore the existence and purpose of intellectual property suits and a whole bunch of legal topics that you ought to have studied in school and probably should know a whole lot more about than I do. Please refrain from participating here in the future if you don't intend to do so openly and in good faith, these blogs are primarily for technologists, not politicians or other influence peddlers who think the rest of us are too ignorant to follow what's really going on and just want to use this space to mislead us.
jeffl
on Nov 24, 2012
I apologize if I offended you but the attorneys I'm familiar with don't really volunteer for ANYTHING (because they never work for free), they just refuse to admit who is paying them because it would reveal who they're really representing and probably cause someone else to put up a more active opposition (like hiring a more effective opposing voice). In reality I don't know anything about you or your activities and you very well MIGHT be doing all this out of a sense of service and commitment but if I were you, when I was doing this kind of technical committee work I wouldn't admit that I was licensed to practice law, because the bad actions of your fellow attorneys serve to more than undo the benefits that your name and service bring to your personal contributions. (For reference when I think of the image of an attorney I tend to think of someone along the lines of John Edwards or Marc Dreier, and they're fairly tame compared to others I've heard about, and don't forget most of the dysfunction we all see in Washington is brought about by folks with law degrees.) The very word "stakeholder" is more or less a running joke about the inability of new concepts and products to gain traction in a marketplace of ideas. But believe me I personally meant no disrespect!
mno1
on Nov 22, 2012
There are standards and specifications. To qualify as a standard the specification has to be established by - authority, - custom, - or general consent. This is what all definitions for "standard" are saying. The property "established by authority" obviously qualifies the "de jure" specs. Note that those are only drafts until approved by the authority. The "establishment by custom" requires that the use of the spec is a custom, hence not all private specs qualify as standards. The specs "established by general consent" as standards are require the consent to be general. Only open spec qualification can provide for a general consent, and so not all privately maintained specs are standards. Calling a not established as above specification a standard can benefit groups (even cartels), but will not protect the users of such specs, from unwanted hidden control. Notorious, is the company driven specification of the VHDL arithmetic packages, which although based on standard VHDL, required a specific deviation from the standard VHDL when used. Some users asked their vendors to implement such deviation, but not all vendors were allowed to do it! In a sad case a company was sued when an attempt to advertise the support of the needed deviation was made. The incredible claim was that it's impossible to know about the needed deviation without accessing the source code, therefore a theft might have occurred ?!? I hope that Karen does not promote the fashion of naming any spec a standard with the hidden agenda to numb you, in preparation for another "defecto standard." We all evolved since last time that occurred. If you use some "de facto" specifications, please make sure that all your vendors (and customers) can use the spec, and that you maintain the ability to change your tools in the future. Simply, check if the "de facto" spec is not (or will not become) an instrument for enforcing "some mutant of keiretsu", and that's only if you care.
Rob
on Nov 27, 2012
Apology accepted, Jeffrey. I do agree that the once-honorable profession of Law has been seriously poluted by self-serving, unscrupulous shysters. I like to think that I am one of the 10% that the 90% make look bad. But I am an engineer first, so maybe have some appreciation of the necessity for honesty. Best regards, Jeffrey, and thanks for your response.
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brenden
on Apr 26, 2013

De jure (in Classical Latin de iure) is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact". The terms de jure and de facto are used instead of "in law" and "in practice", respectively, when one is describing political or legal situations.
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