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The FHIR open license

Publication date: Feb 18, 2022

The FHIR standard has an open license (CC-0). It did however take quite a bit of effort to establish the correct license.

The strawman version of FHIR was developed outside of HL7, and its copyright was Grahame Grieves's. Grahame was willing to bring it to HL7 if HL7 promised to do something it hadn't done before, which is to make it freely available. His motivation for this requirement was two fold:

  • a practical driver: FHIR introduced something that is radically new, in a very established insular community, that had poored a lot of money into existing solutions. In order to prevent entrenched interests from blocking FHIR, adoption outside of the traditional HL7 community was necessary, which meant it has to be free for non members.
  • an ethical driver: health information should be free, and it can't be free if the standards by which its made available aren't free.
FHIR was initially published with an ad-hoc open license that was copied from somewhere and an agreement was reached with HL7 that FHIR would be free for non HL7 members up to the first normative version. The license that was used wasn't really a perfect license, and after consultation with a copyright lawyer HL7 ended up going for a creative commons 0 (CC-0) license, which means FHIR was placed into the public domain. Once something is published with a CC-0 license, then it can never be withdrawn.

The open source license challenged the business model of HL7 and caused HL7 to reflect on its value proposition. The introduction of a CC-0 standard to HL7 caused it to radically overhaul its business model (generating revenue from the sale of standards), and caused other standards bodies to reconsider their licensing as well.


Grahame Grieve (speaking in 2016) on the FHIR license

The cc-0 license has worked out well and helped to re-establish the value of HL7 as a community-of-implementers. During its initial years HL7 was comprised of real-world HL7 version 2 implementers, but somehow that focus was lost in the drive to create ever more complex standards (notably HL7 version 3).

-Rene

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Ringholm bv is a group of European experts in the field of messaging standards and systems integration in healthcare IT. We provide the industry's most advanced training courses and consulting on healthcare information exchange standards.
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